Florida Senate - 2011                                    SB 2106
       
       
       
       By the Committee on Budget
       
       
       
       
       576-03640-11                                          20112106__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Energy and Climate
    3         Commission; amending ss. 213.053, 220.192, 288.1089,
    4         288.9607, 366.82, and 366.92, F.S.; eliminating the
    5         Florida Energy and Climate Commission and transferring
    6         its duties with respect to a tax credit, an incentive
    7         program, and the state’s renewable energy policy to
    8         the Department of Environmental Protection; repealing
    9         s. 377.6015, F.S., relating to the Florida Energy and
   10         Climate Commission; amending ss. 377.602, 377.603,
   11         377.604, 377.605, 377.606, 377.608, 377.701, 377.703,
   12         377.803, 377.804, 377.806, 377.807, 377.808, 377.809,
   13         403.44, 526.207, and 1004.648, F.S.; amending ss. 1
   14         and 2 of chapter 2010-282, Laws of Florida;
   15         transferring the duties of the Florida Energy and
   16         Climate Commission with respect to planning and
   17         developing the state’s energy policy and its duties
   18         under the Florida Energy and Climate Protection Act to
   19         the Department of Environmental Protection; providing
   20         for the transfer of the commission’s duties and
   21         records, personnel, property, unexpended balances of
   22         appropriations, allocations, and other funds,
   23         administrative authority, administrative rules,
   24         pending issues, and existing contracts to the
   25         Department of Environmental Protection; providing an
   26         effective date.
   27  
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraph (y) of subsection (8) of section
   31  213.053, Florida Statutes, is amended, and present paragraphs
   32  (z) through (cc) of that subsection are redesignated as
   33  paragraphs (y) through (bb), respectively, to read:
   34         213.053 Confidentiality and information sharing.—
   35         (8) Notwithstanding any other provision of this section,
   36  the department may provide:
   37         (y) Information relative to ss. 212.08(7)(ccc) and 220.192
   38  to the Florida Energy and Climate Commission for use in the
   39  conduct of its official business.
   40  
   41  Disclosure of information under this subsection shall be
   42  pursuant to a written agreement between the executive director
   43  and the agency. Such agencies, governmental or nongovernmental,
   44  shall be bound by the same requirements of confidentiality as
   45  the Department of Revenue. Breach of confidentiality is a
   46  misdemeanor of the first degree, punishable as provided by s.
   47  775.082 or s. 775.083.
   48         Section 2. Subsections (3), (4), (5), and (8) of section
   49  220.192, Florida Statutes, are amended to read:
   50         220.192 Renewable energy technologies investment tax
   51  credit.—
   52         (3) CORPORATE APPLICATION PROCESS.—Any corporation wishing
   53  to obtain tax credits available under this section must submit
   54  to the Department of Environmental Protection Florida Energy and
   55  Climate Commission an application for tax credit that includes a
   56  complete description of all eligible costs for which the
   57  corporation is seeking a credit and a description of the total
   58  amount of credits sought. The Department of Environmental
   59  Protection Florida Energy and Climate Commission shall make a
   60  determination on the eligibility of the applicant for the
   61  credits sought and certify the determination to the applicant
   62  and the Department of Revenue. The corporation must attach the
   63  Department of Environmental Protection’s Florida Energy and
   64  Climate Commission’s certification to the tax return on which
   65  the credit is claimed. The Department of Environmental
   66  Protection is Florida Energy and Climate Commission shall be
   67  responsible for ensuring that the corporate income tax credits
   68  granted in each fiscal year do not exceed the limits provided
   69  for in this section. The Department of Environmental Protection
   70  may Florida Energy and Climate Commission is authorized to adopt
   71  the necessary rules, guidelines, and forms application materials
   72  for the application process.
   73         (4) TAXPAYER APPLICATION PROCESS.—To claim a credit under
   74  this section, each taxpayer must apply to the Department of
   75  Environmental Protection Florida Energy and Climate Commission
   76  for an allocation of each type of annual credit by the date
   77  established by the Department of Environmental Protection
   78  Florida Energy and Climate Commission. The application form
   79  adopted may be established by the Department of Environmental
   80  Protection Florida Energy and Climate Commission. The form must
   81  include an affidavit from each taxpayer certifying that all
   82  information contained in the application, including all records
   83  of eligible costs claimed as the basis for the tax credit, are
   84  true and correct. Approval of the credits under this section is
   85  shall be accomplished on a first-come, first-served basis, based
   86  upon the date complete applications are received by the
   87  Department of Environmental Protection Florida Energy and
   88  Climate Commission. A taxpayer must shall submit only one
   89  complete application based upon eligible costs incurred within a
   90  particular state fiscal year. Incomplete placeholder
   91  applications will not be accepted and will not secure a place in
   92  the first-come, first-served application line. If a taxpayer
   93  does not receive a tax credit allocation due to the exhaustion
   94  of the annual tax credit authorizations, then such taxpayer may
   95  reapply in the following year for those eligible costs and will
   96  have priority over other applicants for the allocation of
   97  credits.
   98         (5) ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF CREDITS.—
   99         (a) In addition to its existing audit and investigation
  100  authority, the Department of Revenue may perform any additional
  101  financial and technical audits and investigations, including
  102  examining the accounts, books, and records of the tax credit
  103  applicant, which are necessary to verify the eligible costs
  104  included in the tax credit return and to ensure compliance with
  105  this section. The Department of Environmental Protection Florida
  106  Energy and Climate Commission shall provide technical assistance
  107  when requested by the Department of Revenue on any technical
  108  audits or examinations performed pursuant to this section.
  109         (b) It is grounds for forfeiture of previously claimed and
  110  received tax credits if the Department of Revenue determines, as
  111  a result of an audit or examination or from information received
  112  from the Department of Environmental Protection Florida Energy
  113  and Climate Commission, that a taxpayer received tax credits
  114  pursuant to this section to which the taxpayer was not entitled.
  115  The taxpayer is responsible for returning forfeited tax credits
  116  to the Department of Revenue, and such funds shall be paid into
  117  the General Revenue Fund of the state.
  118         (c) The Department of Environmental Protection Florida
  119  Energy and Climate Commission may revoke or modify any written
  120  decision granting eligibility for tax credits under this section
  121  if it is discovered that the tax credit applicant submitted any
  122  false statement, representation, or certification in any
  123  application, record, report, plan, or other document filed in an
  124  attempt to receive tax credits under this section. The
  125  Department of Environmental Protection Florida Energy and
  126  Climate Commission shall immediately notify the Department of
  127  Revenue of any revoked or modified orders affecting previously
  128  granted tax credits. Additionally, the taxpayer must notify the
  129  Department of Revenue of any change in its tax credit claimed.
  130         (d) The taxpayer shall file with the Department of Revenue
  131  an amended return or such other report as the Department of
  132  Revenue prescribes by rule and shall pay any required tax and
  133  interest within 60 days after the taxpayer receives notification
  134  from the Department of Environmental Protection Florida Energy
  135  and Climate Commission that previously approved tax credits have
  136  been revoked or modified. If the revocation or modification
  137  order is contested, the taxpayer shall file an amended return or
  138  other report as provided in this paragraph within 60 days after
  139  a final order is issued after proceedings.
  140         (e) A notice of deficiency may be issued by the Department
  141  of Revenue at any time within 3 years after the taxpayer
  142  receives formal notification from the Department of
  143  Environmental Protection Florida Energy and Climate Commission
  144  that previously approved tax credits have been revoked or
  145  modified. If a taxpayer fails to notify the Department of
  146  Revenue of any changes to its tax credit claimed, a notice of
  147  deficiency may be issued at any time.
  148         (8) PUBLICATION.—The Department of Environmental Protection
  149  Florida Energy and Climate Commission shall determine and
  150  publish on a regular basis the amount of available tax credits
  151  remaining in each fiscal year.
  152         Section 3. Subsection (5) of section 288.1089, Florida
  153  Statutes, is amended to read:
  154         288.1089 Innovation Incentive Program.—
  155         (5) Enterprise Florida, Inc., shall evaluate proposals for
  156  all three categories of innovation incentive awards and transmit
  157  recommendations for awards to the office. Before making its
  158  recommendations on alternative and renewable energy projects,
  159  Enterprise Florida, Inc., shall solicit comments and
  160  recommendations from the Department of Environmental Protection
  161  Florida Energy and Climate Commission. For each project, the
  162  evaluation and recommendation to the office must include, but
  163  need not be limited to:
  164         (a) A description of the project, its required facilities,
  165  and the associated product, service, or research and development
  166  associated with the project.
  167         (b) The percentage of match provided for the project.
  168         (c) The number of full-time equivalent jobs that will be
  169  created by the project, the total estimated average annual wages
  170  of such jobs, and the types of business activities and jobs
  171  likely to be stimulated by the project.
  172         (d) The cumulative investment to be dedicated to the
  173  project within 5 years and the total investment expected in the
  174  project if more than 5 years.
  175         (e) The projected economic and fiscal impacts on the local
  176  and state economies relative to investment.
  177         (f) A statement of any special impacts the project is
  178  expected to stimulate in a particular business sector in the
  179  state or regional economy or in the state’s universities and
  180  community colleges.
  181         (g) A statement of any anticipated or proposed
  182  relationships with state universities.
  183         (h) A statement of the role the incentive is expected to
  184  play in the decision of the applicant to locate or expand in
  185  this state.
  186         (i) A recommendation and explanation of the amount of the
  187  award needed to cause the applicant to expand or locate in this
  188  state.
  189         (j) A discussion of the efforts and commitments made by the
  190  local community in which the project is to be located to induce
  191  the applicant’s location or expansion, taking into consideration
  192  local resources and abilities.
  193         (k) A recommendation for specific performance criteria the
  194  applicant would be expected to achieve in order to receive
  195  payments from the fund and penalties or sanctions for failure to
  196  meet or maintain performance conditions.
  197         (l) Additional evaluative criteria for a research and
  198  development facility project, including:
  199         1. A description of the extent to which the project has the
  200  potential to serve as catalyst for an emerging or evolving
  201  cluster.
  202         2. A description of the extent to which the project has or
  203  could have a long-term collaborative research and development
  204  relationship with one or more universities or community colleges
  205  in this state.
  206         3. A description of the existing or projected impact of the
  207  project on established clusters or targeted industry sectors.
  208         4. A description of the project’s contribution to the
  209  diversity and resiliency of the innovation economy of this
  210  state.
  211         5. A description of the project’s impact on special needs
  212  communities, including, but not limited to, rural areas,
  213  distressed urban areas, and enterprise zones.
  214         (m) Additional evaluative criteria for alternative and
  215  renewable energy proposals, including:
  216         1. The availability of matching funds or other in-kind
  217  contributions applied to the total project from an applicant.
  218  The department commission shall give greater preference to
  219  projects that provide such matching funds or other in-kind
  220  contributions.
  221         2. The degree to which the project stimulates in-state
  222  capital investment and economic development in metropolitan and
  223  rural areas, including the creation of jobs and the future
  224  development of a commercial market for renewable energy
  225  technologies.
  226         3. The extent to which the proposed project has been
  227  demonstrated to be technically feasible based on pilot project
  228  demonstrations, laboratory testing, scientific modeling, or
  229  engineering or chemical theory that supports the proposal.
  230         4. The degree to which the project incorporates an
  231  innovative new technology or an innovative application of an
  232  existing technology.
  233         5. The degree to which a project generates thermal,
  234  mechanical, or electrical energy by means of a renewable energy
  235  resource that has substantial long-term production potential.
  236         6. The degree to which a project demonstrates efficient use
  237  of energy and material resources.
  238         7. The degree to which the project fosters overall
  239  understanding and appreciation of renewable energy technologies.
  240         8. The ability to administer a complete project.
  241         9. Project duration and timeline for expenditures.
  242         10. The geographic area in which the project is to be
  243  conducted in relation to other projects.
  244         11. The degree of public visibility and interaction.
  245         Section 4. Subsection (9) of section 288.9607, Florida
  246  Statutes, is amended to read:
  247         288.9607 Guaranty of bond issues.—
  248         (9) The membership of the corporation is authorized and
  249  directed to conduct such investigation as it may deem necessary
  250  for promulgation of regulations to govern the operation of the
  251  guaranty program authorized by this section. The regulations may
  252  include such other additional provisions, restrictions, and
  253  conditions as the corporation, after its investigation referred
  254  to in this subsection, shall determine to be proper to achieve
  255  the most effective utilization of the guaranty program. This may
  256  include, without limitation, a detailing of the remedies that
  257  must be exhausted by bondholders, a trustee acting on their
  258  behalf, or other credit provided before calling upon the
  259  corporation to perform under its guaranty agreement and the
  260  subrogation of other rights of the corporation with reference to
  261  the capital project and its operation or the financing in the
  262  event the corporation makes payment pursuant to the applicable
  263  guaranty agreement. The regulations promulgated by the
  264  corporation to govern the operation of the guaranty program may
  265  contain specific provisions with respect to the rights of the
  266  corporation to enter, take over, and manage all financed
  267  properties upon default. These regulations shall be submitted by
  268  the corporation to the Department of Environmental Protection
  269  Florida Energy and Climate Commission for approval.
  270         Section 5. Subsection (5) of section 366.82, Florida
  271  Statutes, is amended to read:
  272         366.82 Definition; goals; plans; programs; annual reports;
  273  energy audits.—
  274         (5) The Department of Environmental Protection Florida
  275  Energy and Climate Commission shall be a party in the
  276  proceedings to adopt goals and shall file with the commission
  277  comments on the proposed goals, including, but not limited to:
  278         (a) An evaluation of utility load forecasts, including an
  279  assessment of alternative supply-side and demand-side resource
  280  options.
  281         (b) An analysis of various policy options that can be
  282  implemented to achieve a least-cost strategy, including
  283  nonutility programs targeted at reducing and controlling the per
  284  capita use of electricity in the state.
  285         (c) An analysis of the impact of state and local building
  286  codes and appliance efficiency standards on the need for
  287  utility-sponsored conservation and energy efficiency measures
  288  and programs.
  289         Section 6. Subsection (3) of section 366.92, Florida
  290  Statutes, is amended to read:
  291         366.92 Florida renewable energy policy.—
  292         (3) The commission shall adopt rules for a renewable
  293  portfolio standard requiring each provider to supply renewable
  294  energy to its customers directly, by procuring, or through
  295  renewable energy credits. In developing the RPS rule, the
  296  commission shall consult the Department of Environmental
  297  Protection and the Florida Energy and Climate Commission. The
  298  rule shall not be implemented until ratified by the Legislature.
  299  The commission shall present a draft rule for legislative
  300  consideration by February 1, 2009.
  301         (a) In developing the rule, the commission shall evaluate
  302  the current and forecasted levelized cost in cents per kilowatt
  303  hour through 2020 and current and forecasted installed capacity
  304  in kilowatts for each renewable energy generation method through
  305  2020.
  306         (b) The commission’s rule:
  307         1. Shall include methods of managing the cost of compliance
  308  with the renewable portfolio standard, whether through direct
  309  supply or procurement of renewable power or through the purchase
  310  of renewable energy credits. The commission shall have
  311  rulemaking authority for providing annual cost recovery and
  312  incentive-based adjustments to authorized rates of return on
  313  common equity to providers to incentivize renewable energy.
  314  Notwithstanding s. 366.91(3) and (4), upon the ratification of
  315  the rules developed pursuant to this subsection, the commission
  316  may approve projects and power sales agreements with renewable
  317  power producers and the sale of renewable energy credits needed
  318  to comply with the renewable portfolio standard. In the event of
  319  any conflict, this subparagraph shall supersede s. 366.91(3) and
  320  (4). However, nothing in this section shall alter the obligation
  321  of each public utility to continuously offer a purchase contract
  322  to producers of renewable energy.
  323         2. Shall provide for appropriate compliance measures and
  324  the conditions under which noncompliance shall be excused due to
  325  a determination by the commission that the supply of renewable
  326  energy or renewable energy credits was not adequate to satisfy
  327  the demand for such energy or that the cost of securing
  328  renewable energy or renewable energy credits was cost
  329  prohibitive.
  330         3. May provide added weight to energy provided by wind and
  331  solar photovoltaic over other forms of renewable energy, whether
  332  directly supplied or procured or indirectly obtained through the
  333  purchase of renewable energy credits.
  334         4. Shall determine an appropriate period of time for which
  335  renewable energy credits may be used for purposes of compliance
  336  with the renewable portfolio standard.
  337         5. Shall provide for monitoring of compliance with and
  338  enforcement of the requirements of this section.
  339         6. Shall ensure that energy credited toward compliance with
  340  the requirements of this section is not credited toward any
  341  other purpose.
  342         7. Shall include procedures to track and account for
  343  renewable energy credits, including ownership of renewable
  344  energy credits that are derived from a customer-owned renewable
  345  energy facility as a result of any action by a customer of an
  346  electric power supplier that is independent of a program
  347  sponsored by the electric power supplier.
  348         8. Shall provide for the conditions and options for the
  349  repeal or alteration of the rule in the event that new
  350  provisions of federal law supplant or conflict with the rule.
  351         (c) Beginning on April 1 of the year following final
  352  adoption of the commission’s renewable portfolio standard rule,
  353  each provider shall submit a report to the commission describing
  354  the steps that have been taken in the previous year and the
  355  steps that will be taken in the future to add renewable energy
  356  to the provider’s energy supply portfolio. The report shall
  357  state whether the provider was in compliance with the renewable
  358  portfolio standard during the previous year and how it will
  359  comply with the renewable portfolio standard in the upcoming
  360  year.
  361         Section 7. Section 377.6015, Florida Statutes, is repealed.
  362         Section 8. Subsection (1) of section 377.602, Florida
  363  Statutes, is amended to read:
  364         377.602 Definitions.—As used in ss. 377.601-377.608:
  365         (1) “Department” “Commission” means the Department of
  366  Environmental Protection Florida Energy and Climate Commission.
  367         Section 9. Section 377.603, Florida Statutes, is amended to
  368  read:
  369         377.603 Energy data collection; powers and duties of the
  370  department commission.—
  371         (1) The department commission may collect data on the
  372  extraction, production, importation, exportation, refinement,
  373  transportation, transmission, conversion, storage, sale, or
  374  reserves of energy resources in this state in an efficient and
  375  expeditious manner.
  376         (2) The department commission may prepare periodic reports
  377  of energy data it collects.
  378         (3) The department commission may adopt and promulgate such
  379  rules and regulations as are necessary to carry out the
  380  provisions of ss. 377.601-377.608. Such rules shall be pursuant
  381  to chapter 120.
  382         (4) The department commission shall maintain internal
  383  validation procedures to assure the accuracy of information
  384  received.
  385         Section 10. Section 377.604, Florida Statutes, is amended
  386  to read:
  387         377.604 Required reports.—Every person who produces,
  388  imports, exports, refines, transports, transmits, converts,
  389  stores, sells, or holds known reserves of any form of energy
  390  resources used as fuel shall report to the department
  391  commission, at the request of and in a manner prescribed by the
  392  department commission, on forms provided by the department
  393  commission. Such forms shall be designed in such a manner as to
  394  indicate:
  395         (1) The identity of the person or persons making the
  396  report.
  397         (2) The quantity of energy resources extracted, produced,
  398  imported, exported, refined, transported, transmitted,
  399  converted, stored, or sold except at retail.
  400         (3) The quantity of energy resources known to be held in
  401  reserve in the state.
  402         (4) The identity of each refinery from which petroleum
  403  products have normally been obtained and the type and quantity
  404  of products secured from that refinery for sale or resale in
  405  this state.
  406         (5) Any other information which the department commission
  407  deems proper pursuant to the intent of ss. 377.601-377.608.
  408         Section 11. Section 377.605, Florida Statutes, is amended
  409  to read:
  410         377.605 Use of existing information.—The department
  411  commission may utilize to the fullest extent possible any
  412  existing energy information already prepared for state or
  413  federal agencies. Every state, county, and municipal agency
  414  shall cooperate with the department commission and shall submit
  415  any information on energy to the department commission upon
  416  request.
  417         Section 12. Section 377.606, Florida Statutes, is amended
  418  to read:
  419         377.606 Records of the department commission; limits of
  420  confidentiality.—The information or records of individual
  421  persons, as defined in this section, obtained by the department
  422  commission as a result of a report, investigation, or
  423  verification required by the department commission shall be open
  424  to the public, except such information the disclosure of which
  425  would be likely to cause substantial harm to the competitive
  426  position of the person providing such information and which is
  427  requested to be held confidential by the person providing such
  428  information. Such proprietary information is confidential and
  429  exempt from the provisions of s. 119.07(1). Information reported
  430  by entities other than the department commission in documents or
  431  reports open to public inspection shall under no circumstances
  432  be classified as confidential by the department commission.
  433  Divulgence of proprietary information as is requested to be held
  434  confidential, except upon order of a court of competent
  435  jurisdiction or except to an officer of the state entitled to
  436  receive the same in his or her official capacity, shall be a
  437  misdemeanor of the second degree, punishable as provided in ss.
  438  775.082 and 775.083. Nothing in This section does not shall be
  439  construed to prohibit the publication or divulgence by other
  440  means of data so classified as to prevent identification of
  441  particular accounts or reports made to the department commission
  442  in compliance with s. 377.603 or to prohibit the disclosure of
  443  such information to properly qualified legislative committees.
  444  The department commission shall establish a system which permits
  445  reasonable access to information developed.
  446         Section 13. Section 377.608, Florida Statutes, is amended
  447  to read:
  448         377.608 Prosecution of cases by state attorney.—The state
  449  attorney shall prosecute all cases certified to him or her for
  450  prosecution by the department commission immediately upon
  451  receipt of the evidence transmitted by the department
  452  commission, or as soon thereafter as practicable.
  453         Section 14. Subsections (1), (2), and (3) of section
  454  377.701, Florida Statutes, are amended to read:
  455         377.701 Petroleum allocation.—
  456         (1) The Department of Environmental Protection Florida
  457  Energy and Climate Commission shall assume the state’s role in
  458  petroleum allocation and conservation, including the development
  459  of a fair and equitable petroleum plan. The department
  460  commission shall constitute the responsible state agency for
  461  performing the functions of any federal program delegated to the
  462  state, which relates to petroleum supply, demand, and
  463  allocation.
  464         (2) The department commission shall, in addition to
  465  assuming the duties and responsibilities provided by subsection
  466  (1), perform the following:
  467         (a) In projecting available supplies of petroleum,
  468  coordinate with the Department of Revenue to secure information
  469  necessary to assure the sufficiency and accuracy of data
  470  submitted by persons affected by any federal fuel allocation
  471  program.
  472         (b) Require such periodic reports from public and private
  473  sources as may be necessary to the fulfillment of its
  474  responsibilities under this act. Such reports may include:
  475  petroleum use; all sales, including end-user sales, except
  476  retail gasoline and retail fuel oil sales; inventories; expected
  477  supplies and allocations; and petroleum conservation measures.
  478         (c) In cooperation with the Department of Revenue and other
  479  relevant state agencies, provide for long-range studies
  480  regarding the usage of petroleum in the state in order to:
  481         1. Comprehend the consumption of petroleum resources.
  482         2. Predict future petroleum demands in relation to
  483  available resources.
  484         3. Report the results of such studies to the Legislature.
  485         (3) For the purpose of determining accuracy of data, all
  486  state agencies shall timely provide the department commission
  487  with petroleum-use information in a format suitable to the needs
  488  of the allocation program.
  489         Section 15. Section 377.703, Florida Statutes, is amended
  490  to read:
  491         377.703 Additional functions of the Department of
  492  Environmental Protection Florida Energy and Climate Commission.—
  493         (1) LEGISLATIVE INTENT.—Recognizing that energy supply and
  494  demand questions have become a major area of concern to the
  495  state which must be dealt with by effective and well-coordinated
  496  state action, it is the intent of the Legislature to promote the
  497  efficient, effective, and economical management of energy
  498  problems, centralize energy coordination responsibilities,
  499  pinpoint responsibility for conducting energy programs, and
  500  ensure the accountability of state agencies for the
  501  implementation of s. 377.601(2), the state energy policy. It is
  502  the specific intent of the Legislature that nothing in this act
  503  shall in any way change the powers, duties, and responsibilities
  504  assigned by the Florida Electrical Power Plant Siting Act, part
  505  II of chapter 403, or the powers, duties, and responsibilities
  506  of the Florida Public Service Commission.
  507         (2) DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA ENERGY
  508  AND CLIMATE COMMISSION; DUTIES.—The department commission shall
  509  perform the following functions consistent with the development
  510  of a state energy policy:
  511         (a) The department is responsible for the commission shall
  512  assume the responsibility for development of an energy emergency
  513  contingency plan to respond to serious shortages of primary and
  514  secondary energy sources. Upon a finding by the Governor,
  515  implementation of any emergency program shall be upon order of
  516  the Governor that a particular kind or type of fuel is, or that
  517  the occurrence of an event which is reasonably expected within
  518  30 days will make the fuel, in short supply. The department
  519  commission shall then respond by instituting the appropriate
  520  measures of the contingency plan to meet the given emergency or
  521  energy shortage. The Governor may utilize the provisions of s.
  522  252.36(5) to carry out any emergency actions required by a
  523  serious shortage of energy sources.
  524         (b) The department is commission shall be responsible for
  525  performing or coordinating the functions of any federal energy
  526  programs delegated to the state, including energy supply,
  527  demand, conservation, or allocation.
  528         (c) The department commission shall analyze present and
  529  proposed federal energy programs and make recommendations
  530  regarding those programs to the Governor and the Legislature.
  531         (d) The department commission shall coordinate efforts to
  532  seek federal support or other support for state energy
  533  activities, including energy conservation, research, or
  534  development, and is shall be responsible for the coordination of
  535  multiagency energy conservation programs and plans.
  536         (e) The department commission shall analyze energy data
  537  collected and prepare long-range forecasts of energy supply and
  538  demand in coordination with the Florida Public Service
  539  Commission, which is responsible shall have responsibility for
  540  electricity and natural gas forecasts. To this end, the
  541  forecasts shall contain:
  542         1. An analysis of the relationship of state economic growth
  543  and development to energy supply and demand, including the
  544  constraints to economic growth resulting from energy supply
  545  constraints.
  546         2. Plans for the development of renewable energy resources
  547  and reduction in dependence on depletable energy resources,
  548  particularly oil and natural gas, and an analysis of the extent
  549  to which renewable energy sources are being utilized in the
  550  state.
  551         3. Consideration of alternative scenarios of statewide
  552  energy supply and demand for 5, 10, and 20 years to identify
  553  strategies for long-range action, including identification of
  554  potential social, economic, and environmental effects.
  555         4. An assessment of the state’s energy resources, including
  556  examination of the availability of commercially developable and
  557  imported fuels, and an analysis of anticipated effects on the
  558  state’s environment and social services resulting from energy
  559  resource development activities or from energy supply
  560  constraints, or both.
  561         (f) The department commission shall submit an annual report
  562  to the Governor and the Legislature reflecting its activities
  563  and making recommendations of policies for improvement of the
  564  state’s response to energy supply and demand and its effect on
  565  the health, safety, and welfare of the people of Florida. The
  566  report shall include a report from the Florida Public Service
  567  Commission on electricity and natural gas and information on
  568  energy conservation programs conducted and underway in the past
  569  year and shall include recommendations for energy conservation
  570  programs for the state, including, but not limited to, the
  571  following factors:
  572         1. Formulation of specific recommendations for improvement
  573  in the efficiency of energy utilization in governmental,
  574  residential, commercial, industrial, and transportation sectors.
  575         2. Collection and dissemination of information relating to
  576  energy conservation.
  577         3. Development and conduct of educational and training
  578  programs relating to energy conservation.
  579         4. An analysis of the ways in which state agencies are
  580  seeking to implement s. 377.601(2), the state energy policy, and
  581  recommendations for better fulfilling this policy.
  582         (g) The department may commission has authority to adopt
  583  rules pursuant to ss. 120.536(1) and 120.54 to implement the
  584  provisions of this act.
  585         (h) The department commission shall promote the development
  586  and use of renewable energy resources, in conformance with the
  587  provisions of chapter 187 and s. 377.601, by:
  588         1. Establishing goals and strategies for increasing the use
  589  of solar energy in this state.
  590         2. Aiding and promoting the commercialization of solar
  591  energy technology, in cooperation with the Florida Solar Energy
  592  Center, Enterprise Florida, Inc., and any other federal, state,
  593  or local governmental agency which may seek to promote research,
  594  development, and demonstration of solar energy equipment and
  595  technology.
  596         3. Identifying barriers to greater use of solar energy
  597  systems in this state, and developing specific recommendations
  598  for overcoming identified barriers, with findings and
  599  recommendations to be submitted annually in the report to the
  600  Governor and Legislature required under paragraph (f).
  601         4. In cooperation with the Department of Environmental
  602  Protection, the Department of Transportation, the Department of
  603  Community Affairs, Enterprise Florida, Inc., the Florida Solar
  604  Energy Center, and the Florida Solar Energy Industries
  605  Association, investigating opportunities, pursuant to the
  606  National Energy Policy Act of 1992, the Housing and Community
  607  Development Act of 1992, and any subsequent federal legislation,
  608  for solar electric vehicles and other solar energy
  609  manufacturing, distribution, installation, and financing efforts
  610  which will enhance this state’s position as the leader in solar
  611  energy research, development, and use.
  612         5. Undertaking other initiatives to advance the development
  613  and use of renewable energy resources in this state.
  614  
  615  In the exercise of its responsibilities under this paragraph,
  616  the department commission shall seek the assistance of the solar
  617  energy industry in this state and other interested parties and
  618  is authorized to enter into contracts, retain professional
  619  consulting services, and expend funds appropriated by the
  620  Legislature for such purposes.
  621         (i) The department commission shall promote energy
  622  conservation in all energy use sectors throughout the state and
  623  shall constitute the state agency primarily responsible for this
  624  function. To this end, the department commission shall
  625  coordinate the energy conservation programs of all state
  626  agencies and review and comment on the energy conservation
  627  programs of all state agencies.
  628         (j) The department commission shall serve as the state
  629  clearinghouse for indexing and gathering all information related
  630  to energy programs in state universities, in private
  631  universities, in federal, state, and local government agencies,
  632  and in private industry and shall prepare and distribute such
  633  information in any manner necessary to inform and advise the
  634  citizens of the state of such programs and activities. This
  635  shall include developing and maintaining a current index and
  636  profile of all research activities, which shall be identified by
  637  energy area and may include a summary of the project, the amount
  638  and sources of funding, anticipated completion dates, or, in
  639  case of completed research, conclusions, recommendations, and
  640  applicability to state government and private sector functions.
  641  The department commission shall coordinate, promote, and respond
  642  to efforts by all sectors of the economy to seek financial
  643  support for energy activities. The department commission shall
  644  provide information to consumers regarding the anticipated
  645  energy-use and energy-saving characteristics of products and
  646  services in coordination with any federal, state, or local
  647  governmental agencies as may provide such information to
  648  consumers.
  649         (k) The department commission shall coordinate energy
  650  related programs of state government, including, but not limited
  651  to, the programs provided in this section. To this end, the
  652  department commission shall:
  653         1. Provide assistance to other state agencies, counties,
  654  municipalities, and regional planning agencies to further and
  655  promote their energy planning activities.
  656         2. Require, in cooperation with the Department of
  657  Management Services, all state agencies to operate state-owned
  658  and state-leased buildings in accordance with energy
  659  conservation standards as adopted by the Department of
  660  Management Services. Every 3 months, the Department of
  661  Management Services shall furnish the department commission data
  662  on agencies’ energy consumption and emissions of greenhouse
  663  gases in a format prescribed by the department commission.
  664         3. Promote the development and use of renewable energy
  665  resources, energy efficiency technologies, and conservation
  666  measures.
  667         4. Promote the recovery of energy from wastes, including,
  668  but not limited to, the use of waste heat, the use of
  669  agricultural products as a source of energy, and recycling of
  670  manufactured products. Such promotion shall be conducted in
  671  conjunction with, and after consultation with, the Department of
  672  Environmental Protection and the Florida Public Service
  673  Commission where electrical generation or natural gas is
  674  involved, and any other relevant federal, state, or local
  675  governmental agency having responsibility for resource recovery
  676  programs.
  677         (l) The department commission shall develop, coordinate,
  678  and promote a comprehensive research plan for state programs.
  679  Such plan shall be consistent with state energy policy and shall
  680  be updated on a biennial basis.
  681         (m) In recognition of the devastation to the economy of
  682  this state and the dangers to the health and welfare of
  683  residents of this state caused by severe hurricanes, and the
  684  potential for such impacts caused by other natural disasters,
  685  the department commission shall include in its energy emergency
  686  contingency plan and provide to the Florida Building Commission
  687  for inclusion in the Florida Energy Efficiency Code for Building
  688  Construction specific provisions to facilitate the use of cost
  689  effective solar energy technologies as emergency remedial and
  690  preventive measures for providing electric power, street
  691  lighting, and water heating service in the event of electric
  692  power outages.
  693         (3) The department commission shall be responsible for the
  694  administration of the Coastal Energy Impact Program provided for
  695  and described in Pub. L. No. 94-370, 16 U.S.C. s. 1456a.
  696         Section 16. Subsection (2) of section 377.803, Florida
  697  Statutes, is amended to read:
  698         377.803 Definitions.—As used in ss. 377.801-377.806, the
  699  term:
  700         (2) “Department” “Commission” means the Department of
  701  Environmental Protection Florida Energy and Climate Commission.
  702         Section 17. Subsection (1), paragraph (f) of subsection
  703  (2), and subsections (3) through (6) of section 377.804, Florida
  704  Statutes, are amended to read:
  705         377.804 Renewable Energy and Energy-Efficient Technologies
  706  Grants Program.—
  707         (1) The Renewable Energy and Energy-Efficient Technologies
  708  Grants Program is established within the department commission
  709  to provide renewable energy matching grants for demonstration,
  710  commercialization, research, and development projects relating
  711  to renewable energy technologies and innovative technologies
  712  that significantly increase energy efficiency for vehicles and
  713  commercial buildings.
  714         (2) Matching grants for projects described in subsection
  715  (1) may be made to any of the following:
  716         (f) Other qualified persons, as determined by the
  717  department commission.
  718         (3) The department commission may adopt rules pursuant to
  719  ss. 120.536(1) and 120.54 to provide for application
  720  requirements, provide for ranking of applications, and
  721  administer the awarding of grants under this program.
  722         (4) Factors the department commission shall consider in
  723  awarding grants include, but are not limited to:
  724         (a) The availability of matching funds or other in-kind
  725  contributions applied to the total project from an applicant.
  726  The department commission shall give greater preference to
  727  projects that provide such matching funds or other in-kind
  728  contributions.
  729         (b) The degree to which the project stimulates in-state
  730  capital investment and economic development in metropolitan and
  731  rural areas, including the creation of jobs and the future
  732  development of a commercial market for renewable energy
  733  technologies.
  734         (c) The extent to which the proposed project has been
  735  demonstrated to be technically feasible based on pilot project
  736  demonstrations, laboratory testing, scientific modeling, or
  737  engineering or chemical theory that supports the proposal.
  738         (d) The degree to which the project incorporates an
  739  innovative new technology or an innovative application of an
  740  existing technology.
  741         (e) The degree to which a project generates thermal,
  742  mechanical, or electrical energy by means of a renewable energy
  743  resource that has substantial long-term production potential.
  744         (f) The degree to which a project demonstrates efficient
  745  use of energy and material resources.
  746         (g) The degree to which the project fosters overall
  747  understanding and appreciation of renewable energy technologies.
  748         (h) The ability to administer a complete project.
  749         (i) Project duration and timeline for expenditures.
  750         (j) The geographic area in which the project is to be
  751  conducted in relation to other projects.
  752         (k) The degree of public visibility and interaction.
  753         (5) The department commission shall solicit the expertise
  754  of state agencies, Enterprise Florida, Inc., and state
  755  universities, and may solicit the expertise of other public and
  756  private entities it deems appropriate, in evaluating project
  757  proposals. State agencies shall cooperate with the department
  758  commission and provide such assistance as requested.
  759         (6) The department commission shall coordinate and actively
  760  consult with the Department of Agriculture and Consumer Services
  761  during the review and approval process of grants relating to
  762  bioenergy projects for renewable energy technology. Factors for
  763  consideration in awarding grants may include, but are not
  764  limited to, the degree to which:
  765         (a) The project stimulates in-state capital investment and
  766  economic development in metropolitan and rural areas, including
  767  the creation of jobs and the future development of a commercial
  768  market for bioenergy.
  769         (b) The project produces bioenergy from Florida-grown crops
  770  or biomass.
  771         (c) The project demonstrates efficient use of energy and
  772  material resources.
  773         (d) The project fosters overall understanding and
  774  appreciation of bioenergy technologies.
  775         (e) Matching funds and in-kind contributions from an
  776  applicant are available.
  777         (f) The project duration and the timeline for expenditures
  778  are acceptable.
  779         (g) The project has a reasonable assurance of enhancing the
  780  value of agricultural products or will expand agribusiness in
  781  the state.
  782         (h) Preliminary market and feasibility research has been
  783  conducted by the applicant or others and shows there is a
  784  reasonable assurance of a potential market.
  785         Section 18. Subsections (1), (6), and (7) of section
  786  377.806, Florida Statutes, are amended to read:
  787         377.806 Solar Energy System Incentives Program.—
  788         (1) PURPOSE.—The Solar Energy System Incentives Program is
  789  established within the department commission to provide
  790  financial incentives for the purchase and installation of solar
  791  energy systems. Any resident of the state who purchases and
  792  installs a new solar energy system of 2 kilowatts or larger for
  793  a solar photovoltaic system, a solar energy system that provides
  794  at least 50 percent of a building’s hot water consumption for a
  795  solar thermal system, or a solar thermal pool heater, from July
  796  1, 2006, through June 30, 2010, is eligible for a rebate on a
  797  portion of the purchase price of that solar energy system.
  798         (6) REBATE AVAILABILITY.—The department commission shall
  799  determine and publish on a regular basis the amount of rebate
  800  funds remaining in each fiscal year. The total dollar amount of
  801  all rebates issued is subject to the total amount of
  802  appropriations in any fiscal year for this program. If funds are
  803  insufficient during the current fiscal year, any requests for
  804  rebates received during that fiscal year may be processed during
  805  the following fiscal year. Requests for rebates received in a
  806  fiscal year that are processed during the following fiscal year
  807  shall be given priority over requests for rebates received
  808  during the following fiscal year.
  809         (7) RULES.—The department commission shall adopt rules
  810  pursuant to ss. 120.536(1) and 120.54 to develop rebate
  811  applications and administer the issuance of rebates.
  812         Section 19. Section 377.807, Florida Statutes, is amended
  813  to read:
  814         377.807 Energy-efficient appliance rebate program.—
  815         (1) The Department of Environmental Protection may Florida
  816  Energy and Climate Commission is authorized to develop and
  817  administer a consumer rebate program for residential energy
  818  efficient appliances, consistent with 42 U.S.C. s. 15821 and any
  819  federal agency guidance or regulations issued in furtherance of
  820  federal law.
  821         (2) The department commission may adopt rules pursuant to
  822  ss. 120.536(1) and 120.54 designating eligible appliances,
  823  rebate amounts, and the administration of the issuance of
  824  rebates. The rules shall be consistent with 42 U.S.C. s. 15821
  825  and any subsequent implementing federal regulations or guidance.
  826         (3) The department may commission is authorized to enter
  827  into contracts or memoranda of agreement with other agencies of
  828  the state, public-private partnerships, or other arrangements
  829  such that the most efficient means of administering consumer
  830  rebates can be achieved.
  831         Section 20. Subsections (2) through (5) of section 377.808,
  832  Florida Statutes, are amended to read:
  833         377.808 Florida Green Government Grants Act.—
  834         (2) The Department of Environmental Protection Florida
  835  Energy and Climate Commission shall use funds specifically
  836  appropriated to award grants under this section to assist local
  837  governments, including municipalities, counties, and school
  838  districts, in the development and implementation of programs
  839  that achieve green standards. Green standards shall be
  840  determined by the department commission and shall provide for
  841  cost-efficient solutions, reducing greenhouse gas emissions,
  842  improving quality of life, and strengthening the state’s
  843  economy.
  844         (3) The department commission shall adopt rules pursuant to
  845  chapter 120 to administer the grants provided for in this
  846  section. In accordance with the rules adopted by the department
  847  commission under this section, the department commission may
  848  provide grants from funds specifically appropriated for this
  849  purpose to local governments for the costs of achieving green
  850  standards, including necessary administrative expenses. The
  851  rules of the department commission shall:
  852         (a) Designate one or more suitable green government
  853  standards frameworks from which local governments may develop a
  854  greening government initiative and from which projects may be
  855  eligible for funding pursuant to this section.
  856         (b) Require that projects that plan, design, construct,
  857  upgrade, or replace facilities reduce greenhouse gas emissions
  858  and be cost-effective, environmentally sound, permittable, and
  859  implementable.
  860         (c) Require local governments to match state funds with
  861  direct project cost sharing or in-kind services.
  862         (d) Provide for a scale of matching requirements for local
  863  governments on the basis of population in order to assist rural
  864  and undeveloped areas of the state with any financial burden of
  865  addressing climate change impacts.
  866         (e) Require grant applications to be submitted on
  867  appropriate forms developed and adopted by the department
  868  commission with appropriate supporting documentation and require
  869  records to be maintained.
  870         (f) Establish a system to determine the relative priority
  871  of grant applications. The system shall consider greenhouse gas
  872  reductions, energy savings and efficiencies, and proven
  873  technologies.
  874         (g) Establish requirements for competitive procurement of
  875  engineering and construction services, materials, and equipment.
  876         (h) Provide for termination of grants when program
  877  requirements are not met.
  878         (4) Each local government is limited to not more than two
  879  grant applications during each application period announced by
  880  the department commission. However, a local government may not
  881  have more than three active projects expending grant funds
  882  during any state fiscal year.
  883         (5) The department commission shall perform an adequate
  884  overview of each grant, which may include technical review, site
  885  inspections, disbursement approvals, and auditing to
  886  successfully implement this section.
  887         Section 21. Subsection (1) of section 377.809, Florida
  888  Statutes, is amended to read:
  889         377.809 Energy Economic Zone Pilot Program.—
  890         (1) The Department of Community Affairs, in consultation
  891  with the Department of Transportation, shall implement an Energy
  892  Economic Zone Pilot Program for the purpose of developing a
  893  model to help communities cultivate green economic development,
  894  encourage renewable electric energy generation, manufacture
  895  products that contribute to energy conservation and green jobs,
  896  and further implement chapter 2008-191, Laws of Florida,
  897  relative to discouraging sprawl and developing energy-efficient
  898  land use patterns and greenhouse gas reduction strategies. The
  899  Office of Tourism, Trade, and Economic Development and the
  900  Department of Environmental Protection Florida Energy and
  901  Climate Commission shall provide technical assistance to the
  902  departments in developing and administering the program.
  903         Section 22. Subsections (3) and (6) of section 403.44,
  904  Florida Statutes, are amended to read:
  905         403.44 Florida Climate Protection Act.—
  906         (3) The department may adopt rules for a cap-and-trade
  907  regulatory program to reduce greenhouse gas emissions from major
  908  emitters. When developing the rules, the department shall
  909  consult with the Florida Energy and Climate Commission and the
  910  Florida Public Service Commission and may consult with the
  911  Governor’s Action Team for Energy and Climate Change. The
  912  department shall not adopt rules until after January 1, 2010.
  913  The rules shall not become effective until ratified by the
  914  Legislature.
  915         (6) Recognizing that the international, national, and
  916  neighboring state policies and the science of climate change
  917  will evolve, prior to submitting the proposed rules to the
  918  Legislature for consideration, the department shall submit the
  919  proposed rules and a report to the Florida Energy and Climate
  920  Commission, which shall review the proposed rules and submit a
  921  report to the Governor, the President of the Senate, and the
  922  Speaker of the House of Representatives, and the department. The
  923  report shall address:
  924         (a) The overall cost-effectiveness of the proposed cap-and
  925  trade system in combination with other policies and measures in
  926  meeting statewide targets.
  927         (b) The administrative burden to the state of implementing,
  928  monitoring, and enforcing the program.
  929         (c) The administrative burden on entities covered under the
  930  cap.
  931         (d) The impacts on electricity prices for consumers.
  932         (e) The specific benefits to the state’s economy for early
  933  adoption of a cap-and-trade system for greenhouse gases in the
  934  context of federal climate change legislation and the
  935  development of new international compacts.
  936         (f) The specific benefits to the state’s economy associated
  937  with the creation and sale of emissions offsets from economic
  938  sectors outside of the emissions cap.
  939         (g) The potential effects on leakage if economic activity
  940  relocates out of the state.
  941         (h) The effectiveness of the combination of measures in
  942  meeting identified targets.
  943         (i) The economic implications for near-term periods of
  944  short-term and long-term targets specified in the overall
  945  policy.
  946         (j) The overall costs and benefits of a cap-and-trade
  947  system to the economy of the state.
  948         (k) The impacts on low-income consumers that result from
  949  energy price increases.
  950         (l) The consistency of the program with other state and
  951  possible federal efforts.
  952         (m) The evaluation of the conditions under which the state
  953  should consider linking its trading system to the systems of
  954  other states or other countries and how that might be affected
  955  by the potential inclusion in the rule of a safety valve.
  956         (n) The timing and changes in the external environment,
  957  such as proposals by other states or implementation of a federal
  958  program that would spur reevaluation of the Florida program.
  959         (o) The conditions and options for eliminating the Florida
  960  program if a federal program were to supplant it.
  961         (p) The need for a regular reevaluation of the progress of
  962  other emitting regions of the country and of the world, and
  963  whether other regions are abating emissions in a commensurate
  964  manner.
  965         (q) The desirability of and possibilities of broadening the
  966  scope of the state’s cap-and-trade system at a later date to
  967  include more emitting activities as well as sinks in Florida,
  968  the conditions that would need to be met to do so, and how the
  969  program would encourage these conditions to be met, including
  970  developing monitoring and measuring techniques for land use
  971  emissions and sinks, regulating sources upstream, and other
  972  considerations.
  973         Section 23. Section 526.207, Florida Statutes, is amended
  974  to read:
  975         526.207 Studies and reports.—
  976         (1) The Department of Environmental Protection Florida
  977  Energy and Climate Commission shall conduct a study to evaluate
  978  and recommend the life-cycle greenhouse gas emissions associated
  979  with all renewable fuels, including, but not limited to,
  980  biodiesel, renewable diesel, biobutanol, and ethanol derived
  981  from any source. In addition, the department commission shall
  982  evaluate and recommend a requirement that all renewable fuels
  983  introduced into commerce in the state, as a result of the
  984  renewable fuel standard, shall reduce the life-cycle greenhouse
  985  gas emissions by an average percentage. The department
  986  commission may also evaluate and recommend any benefits
  987  associated with the creation, banking, transfer, and sale of
  988  credits among fuel refiners, blenders, and importers.
  989         (2) The Department of Environmental Protection Florida
  990  Energy and Climate Commission shall submit a report containing
  991  specific recommendations to the President of the Senate and the
  992  Speaker of the House of Representatives no later than December
  993  31, 2010.
  994         Section 24. Subsections (5), (11), (12), and (13) of
  995  section 1004.648, Florida Statutes, are amended to read:
  996         1004.648 Florida Energy Systems Consortium.—
  997         (5) The director, whose office is shall be located at the
  998  University of Florida, shall report to the Department of
  999  Environmental Protection Florida Energy and Climate Commission
 1000  created pursuant to s. 377.6015.
 1001         (11) The oversight board, in consultation with the
 1002  Department of Environmental Protection Florida Energy and
 1003  Climate Commission, shall ensure that the consortium:
 1004         (a) Maintains accurate records of any funds received by the
 1005  consortium.
 1006         (b) Meets financial and technical performance expectations,
 1007  which may include external technical reviews as required.
 1008         (12) The steering committee shall consist of the university
 1009  representatives included in the Centers of Excellence proposals
 1010  for the Florida Energy Systems Consortium and the Center of
 1011  Excellence in Ocean Energy Technology-Phase II which were
 1012  reviewed during the 2007-2008 fiscal year by the Florida
 1013  Technology, Research, and Scholarship Board created in s.
 1014  1004.226(4); a university representative appointed by the
 1015  President of Florida International University; and the
 1016  Department of Environmental Protection Florida Energy and
 1017  Climate Commission. The steering committee is shall be
 1018  responsible for establishing and ensuring the success of the
 1019  consortium’s mission under subsection (9).
 1020         (13) By November 1 of each year, the consortium shall
 1021  submit an annual report to the Governor, the President of the
 1022  Senate, the Speaker of the House of Representatives, and the
 1023  Department of Environmental Protection Florida Energy and
 1024  Climate Commission regarding its activities, including, but not
 1025  limited to, education and research related to, and the
 1026  development and deployment of, alternative energy technologies.
 1027         Section 25. Sections 1 and 2 of chapter 2010-282, Laws of
 1028  Florida, are amended to read:
 1029         Section 1. (1) As provided in this section and section 2, a
 1030  portion of the total amount appropriated in this act shall be
 1031  used utilized by the Department of Environmental Protection
 1032  Florida Energy and Climate Commission to pay rebates to eligible
 1033  applicants who submit an application pursuant to the Florida
 1034  ENERGY STAR Residential HVAC Rebate Program administered by the
 1035  commission, as approved by the United States Department of
 1036  Energy. An applicant is eligible for a rebate under this section
 1037  if:
 1038         (a) A complete application is submitted to the department
 1039  commission on or before November 30, 2010.
 1040         (b) The central air conditioner, air source heat pump, or
 1041  geothermal heat pump system replacement for which the applicant
 1042  is seeking a rebate was purchased from or contracted for
 1043  purchase with a Florida-licensed contractor after August 29,
 1044  2010, but before September 15, 2010, and fully installed prior
 1045  to submission of the application for a rebate.
 1046         (c) The department commission determines that the
 1047  application complies with this section and any existing
 1048  agreement with the United States Department of Energy governing
 1049  the Florida ENERGY STAR Residential HVAC Rebate Program.
 1050         (d) The applicant provides the following information to the
 1051  commission on or before November 30, 2010:
 1052         1.a. A copy of the sales receipt indicating a date of
 1053  purchase after August 29, 2010, but before September 15, 2010,
 1054  with the make and model number identified and circled along with
 1055  the name and address of the Florida-licensed contractor who
 1056  installed the system; or
 1057         b. A copy of the contract for the purchase and installation
 1058  of the system indicating a contract date after August 29, 2010,
 1059  but before September 15, 2010, and a copy of the sales receipt
 1060  indicating a date of purchase after August 29, 2010, but on or
 1061  before November 30, 2010, with the make and model number
 1062  identified and circled along with the name and address of the
 1063  Florida-licensed contractor who installed the system.
 1064         2. A copy of the mechanical building permit issued by the
 1065  county or municipality and pulled by the Florida-licensed
 1066  contractor who installed the system for the residence.
 1067         3. A copy of the Air Distribution System Test Report
 1068  results from a Florida-certified Class 1 energy gauge rater, a
 1069  Florida-licensed mechanical contractor, or a recognized test and
 1070  balance agent. The results from the test must indicate the home
 1071  has no more than 15 percent leakage to the outside as measured
 1072  by 0.10 Qn.out or less.
 1073         4. A copy of the summary of the Manual J program completed
 1074  for the residence to indicate that the proper methodology for
 1075  sizing the new system was completed.
 1076         (2) The Department of Environmental Protection Florida
 1077  Energy and Climate Commission shall pay a $1,500 rebate to each
 1078  consumer who submits an application pursuant to the Florida
 1079  ENERGY STAR Residential HVAC Rebate Program if the application
 1080  is approved by the commission in accordance with this act. The
 1081  department commission shall pay all rebates authorized in this
 1082  section prior to paying any rebates authorized in section 2.
 1083         Section 2. Notwithstanding s. 377.806(6), Florida Statutes,
 1084  the Department of Environmental Protection Florida Energy and
 1085  Climate Commission shall utilize up to $28,902,623, less any
 1086  amount in excess of $2,467,244 used to pay rebates pursuant to
 1087  section 1, to pay a percentage of each unpaid and approved
 1088  rebate application submitted pursuant to the Solar Energy System
 1089  Incentives Program established in s. 377.806, Florida Statutes.
 1090  An applicant is eligible for a rebate under this section if the
 1091  application submitted complies with s. 377.806, Florida
 1092  Statutes. The percentage of each approved rebate to be paid
 1093  shall be derived by dividing the remaining appropriation by the
 1094  total dollar value of the backlog of final approved solar
 1095  rebates, pursuant to the authorized limits provided in s.
 1096  377.806, Florida Statutes.
 1097         Section 26. All records, personnel, and property;
 1098  unexpended balances of appropriations, allocations, and other
 1099  funds; administrative authority; administrative rules; pending
 1100  issues; and existing contracts of the Florida Energy and Climate
 1101  Commission are transferred by a type two transfer, pursuant to
 1102  s. 20.06(2), Florida Statutes, to the Department of
 1103  Environmental Protection.
 1104         Section 27. This act shall take effect July 1, 2011.