Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1318
       
       
       
       
       
       
                                Barcode 709308                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             05/04/2011 08:23 AM       .                                
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       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.