HB 1597

1
A bill to be entitled
2An act relating to hydrogen energy technology; creating s.
3377.801, F.S.; creating the Hydrogen Energy Technologies
4Act; providing a popular name; creating s. 377.802, F.S.;
5providing legislative findings and intent; creating s.
6377.803, F.S.; providing legislative purpose; creating s.
7377.804, F.S.; providing definitions; creating s. 377.805,
8F.S.; creating the Hydrogen Energy Technologies Grants
9Program in the Department of Environmental Protection to
10provide grants for demonstration, commercialization,
11research, and development projects relating to hydrogen
12energy technologies; providing requirements and procedures
13therefor; providing rulemaking authority; amending s.
14212.08, F.S.; creating a sales tax exemption for certain
15hydrogen energy technology projects; providing
16requirements and procedures therefor; requiring the
17Department of Environmental Protection to make
18determinations relating to certain projects; authorizing
19the Department of Revenue to adopt rules for tax exempt
20purchases; providing for future repeal of the exemption;
21amending s. 213.053, F.S.; providing for information
22sharing between the Department of Revenue and the
23Department of Environmental Protection; amending s.
24220.02, F.S.; providing for the addition of tax credits
25relating to hydrogen energy technologies in the priority
26order of tax credits; creating s. 220.192, F.S.; creating
27a hydrogen energy technologies investment tax credit;
28providing definitions; providing requirements and
29procedures therefor; authorizing the Department of Revenue
30to perform certain audits and investigations; requiring
31the Department of Environmental Protection to provide
32technical assistance in certain audits and investigations;
33providing for revocation or modification of credits;
34providing for payment of tax and interest under certain
35circumstances; providing rulemaking authority; providing
36for future repeal of the credit; amending s. 220.13, F.S.;
37revising the definition of the term "adjusted federal
38income" to include the amount taken as a credit for
39expenses related to hydrogen energy technologies; amending
40s. 366.8255, F.S.; revising the definition of the term
41"environmental compliance costs" to include costs related
42to the deployment of hydrogen energy technologies;
43providing for cost recovery of utility investment in
44hydrogen energy technologies; amending s. 633.022, F.S.;
45authorizing the State Fire Marshal to adopt uniform
46standards for hydrogen fueling, storage, and production
47facilities; providing rulemaking authority; providing an
48effective date.
49
50Be It Enacted by the Legislature of the State of Florida:
51
52     Section 1.  Section 377.801, Florida Statutes, is created
53to  read:
54     377.801  Popular name.--Sections 377.801-377.805 may be
55cited as the "Hydrogen Energy Technologies Act."
56     Section 2.  Section 377.802, Florida Statutes, is created
57to read:
58     377.802  Legislative findings and intent.--The Legislature
59finds that advancing the development of clean and efficient
60energy technologies is important for the state's future, energy
61stability, and protection of its citizens' public health and its
62environment. The Legislature finds that hydrogen can be used as
63a clean and efficient energy carrier and that the development of
64hydrogen energy technologies in the state will help to reduce
65pollution, reduce demand on foreign fuels, promote energy
66diversity, enhance system reliability, educate the public on the
67promise of alternative energy technologies, and promote economic
68growth. The Legislature finds that the promotion of hydrogen
69energy technologies will also promote the development of
70associated energy technologies, including fuel cells and solar
71technologies. The Legislature finds that there is a need to
72assist in the development of early market demand that will
73advance the commercialization and widespread application of
74hydrogen energy technologies. The Legislature further finds that
75the state is ideally positioned to stimulate economic
76development through such advanced energy technologies due to its
77ongoing and successful research and development track record in
78this area, an abundance of natural and renewable energy sources,
79an ability to attract significant research and development
80federal dollars, and the need to find and secure clean energy
81technologies for the benefit of its citizens, visitors, and
82environment.
83     Section 3.  Section 377.803, Florida Statutes, is created
84to read:
85     377.803  Purpose.--This act is intended to provide matching
86grants to stimulate capital investment in the state and to
87enhance the market for and promote the statewide utilization of
88hydrogen energy technologies. The targeted grants program is
89designed to advance the already growing establishment of
90hydrogen energy technologies in the state and encourage the use
91of other incentives such as tax exemptions and regulatory
92certainty to attract additional hydrogen energy technology
93producers, developers, and users to the state.
94     Section 4.  Section 377.804, Florida Statutes, is created
95to read:
96     377.804  Definitions.--As used in this act, the term:
97     (1)  "Act" means the Hydrogen Energy Technologies Act.
98     (2)  "Balance of plant" means all equipment and components
99directly involved in the generation, storage, or use of hydrogen
100for energy production located at the site of hydrogen generation
101or use.
102     (3)  "Department" means the Department of Environmental
103Protection.
104     (4)  "Electrical grid optimization" means the use of
105hydrogen energy technology to assist in decreasing electrical
106peak demand.
107     (5)  "Fuel cell" means equipment using an electrochemical
108process to generate energy, electricity, or the transfer of
109heat.
110     (6)  "Hydrogen energy technology" means any technology that
111is used primarily for the purpose of generating or using
112hydrogen directly as a fuel in the state, including, but not
113limited to:
114     (a)  Stationary fuel cell systems, or internal combustion
115engine systems fueled with hydrogen, used for power generation,
116including prime power, supplemental power, and backup power, and
117the balance of the plant;
118     (b)  On-road and off-road vehicles and watercraft powered
119by fuel cells or internal combustion engines fueled with
120hydrogen;
121     (c)  Fueling systems and supportive infrastructure;
122     (d)  Renewable energy resource systems used to
123electrolytically produce hydrogen;
124     (e)  Reformer technologies used to produce hydrogen from
125the respective hydrogen carrier, including, but limited to,
126steam-methane, biomass, and chemical technologies;
127     (f)  Electrical grid electrolysis; and
128     (g)  Electrical grid optimization technologies.
129     (7)  "Person" means an individual, partnership, joint
130venture, private or public corporation, association, firm,
131public service company, or any other entity, public or private,
132however organized.
133     (8)  "Renewable energy resource" means any method, process,
134or substance, the use of which does not diminish its
135availability or abundance, including, but not limited to, solar
136energy, wind energy, thermal gradient power, hydroelectric
137power, and fuels derived from agricultural products. However,
138the term "renewable energy resource" does not include fossil
139fuel or nuclear power.
140     Section 5.  Section 377.805, Florida Statutes, is created
141to read:
142     377.805  Hydrogen Energy Technologies Grants Program.--
143     (1)  The Hydrogen Energy Technologies Grants Program is
144established within the department to provide hydrogen energy
145matching grants for demonstration, commercialization, research,
146and development projects relating to hydrogen energy
147technologies and electrical grid optimization.
148     (2)  Matching grants for hydrogen energy demonstration,
149commercialization, research, and development projects may be
150made to any of the following based on the criteria in this
151section:
152     (a)  Municipalities and county governments;
153     (b)  Established for-profit companies licensed to do
154business in the state;
155     (c)  State universities;
156     (d)  Utilities located and operating within the state;
157     (e)  Nonprofit organizations; and
158     (f)  Qualified persons.
159     (3)  The department shall adopt rules to administer the
160awarding of grants under this program.
161     (4)  Factors the department shall consider in awarding
162grants include, but are not limited to:
163     (a)  The extent to which the project stimulates in-state
164capital investment and economic development in metropolitan and
165rural areas, including the creation of jobs and the future
166development of a commercial market for clean energy
167technologies;
168     (b)  The availability of matching funds from an applicant
169and the commitment to provide the matching funds;
170     (c)  The ability to administer a complete project;
171     (d)  Project duration and timeline for expenditures;
172     (e)  The geographic area in which the project is to be
173conducted in relation to other projects;
174     (f)  Other in-kind contributions applied to the total
175project;
176     (g)  The extent to which the project incorporates an
177innovative new technology or an innovative application of an
178existing technology;
179     (h)  The degree to which a project generates thermal or
180electrical energy by means of a low or zero-emissions generation
181technology or renewable energy resource that has substantial
182long-term production potential;
183     (i)  The degree to which the project fosters the general
184public's, a student's, or a specific government or industry
185sector's overall understanding and appreciation of clean energy
186technologies; and
187     (j)  The degree of public visibility and interaction.
188     (5)  Grants awarded to any entity may subsequently be
189amended by the department upon a determination that sufficient
190criteria as provided in subsection (4) are met for the
191additional funds.
192     (6)  The department shall provide a progress report on
193grants awarded to recipients to the Governor, the President of
194the Senate, and the Speaker of the House of Representatives. The
195report shall include:
196     (a)  A description of the extent to which the grants
197program is benefiting the state's environment, public health,
198and economic development;
199     (b)  A list of grant recipients;
200     (c)  The amount of each grant;
201     (d)  The amount of matching funds provided by recipients;
202     (e)  The date of each grant;
203     (f)  A description of each project or expansion funded by a
204grant; and
205     (g)  A description of each project's contribution to the
206state's knowledge and use of hydrogen energy technologies.
207     Section 6.  Paragraph (ccc) is added to subsection (7) of
208section 212.08, Florida Statutes, to read:
209     212.08  Sales, rental, use, consumption, distribution, and
210storage tax; specified exemptions.--The sale at retail, the
211rental, the use, the consumption, the distribution, and the
212storage to be used or consumed in this state of the following
213are hereby specifically exempt from the tax imposed by this
214chapter.
215     (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
216entity by this chapter do not inure to any transaction that is
217otherwise taxable under this chapter when payment is made by a
218representative or employee of the entity by any means,
219including, but not limited to, cash, check, or credit card, even
220when that representative or employee is subsequently reimbursed
221by the entity. In addition, exemptions provided to any entity by
222this subsection do not inure to any transaction that is
223otherwise taxable under this chapter unless the entity has
224obtained a sales tax exemption certificate from the department
225or the entity obtains or provides other documentation as
226required by the department. Eligible purchases or leases made
227with such a certificate must be in strict compliance with this
228subsection and departmental rules, and any person who makes an
229exempt purchase with a certificate that is not in strict
230compliance with this subsection and the rules is liable for and
231shall pay the tax. The department may adopt rules to administer
232this subsection.
233     (ccc)  Equipment, machinery, and other materials for
234hydrogen energy technologies.--
235     1.  The sale or use of hydrogen energy technologies as
236defined in s. 377.804(6) and materials used in the manufacture
237of hydrogen energy technologies is exempt from the tax imposed
238by this chapter.
239     2.a.  The Department of Environmental Protection shall
240provide to the Department of Revenue a list of items considered
241to meet the definition of hydrogen energy technologies as
242defined in s. 377.804(6).
243     b.  Any person may request a determination from the
244Department of Environmental Protection as to whether an item
245that is not on the list meets the definition of hydrogen energy
246technologies as defined in s. 377.804(6). The Department of
247Environmental Protection shall make a determination and issue a
248revised list if appropriate. The Department of Environmental
249Protection is authorized to adopt rules to implement this sub-
250subparagraph.
251     3.  The Department of Revenue is authorized to provide by
252rule procedures for purchasers to make tax-exempt purchases.
253     4.  This exemption is repealed July 1, 2009.
254     Section 7.  Paragraph (y) is added to subsection (7) of
255section 213.053, Florida Statutes, to read:
256     213.053  Confidentiality and information sharing.--
257     (7)  Notwithstanding any other provision of this section,
258the department may provide:
259     (y)  Information relative to ss. 212.08(7)(ccc) and 220.192
260to the Department of Environmental Protection for use in the
261conduct of its official business.
262
263Disclosure of information under this subsection shall be
264pursuant to a written agreement between the executive director
265and the agency. Such agencies, governmental or nongovernmental,
266shall be bound by the same requirements of confidentiality as
267the Department of Revenue. Breach of confidentiality is a
268misdemeanor of the first degree, punishable as provided by s.
269775.082 or s. 775.083.
270     Section 8.  Subsection (8) of section 220.02, Florida
271Statutes, is amended to read:
272     220.02  Legislative intent.--
273     (8)  It is the intent of the Legislature that credits
274against either the corporate income tax or the franchise tax be
275applied in the following order: those enumerated in s. 631.828,
276those enumerated in s. 220.191, those enumerated in s. 220.181,
277those enumerated in s. 220.183, those enumerated in s. 220.182,
278those enumerated in s. 220.1895, those enumerated in s. 221.02,
279those enumerated in s. 220.184, those enumerated in s. 220.186,
280those enumerated in s. 220.1845, those enumerated in s. 220.19,
281those enumerated in s. 220.185, and those enumerated in s.
282220.187, and those enumerated in s. 220.192.
283     Section 9.  Section 220.192, Florida Statutes, is created
284to read:
285     220.192  Hydrogen energy technologies investment tax
286credit.--
287     (1)  DEFINITIONS.--For purposes of this section, the term:
288     (a)  "Eligible costs" means all capital costs, operation
289and maintenance costs, and research and development costs
290incurred between July 1, 2005, and June 30, 2009, in connection
291with an investment in hydrogen energy technologies in the state,
292including, but not limited to, the costs of acquiring, leasing,
293constructing, installing, equipping, and financing of such
294hydrogen energy technologies in the state, and including all
295obligations incurred for labor and obligations to contractors,
296subcontractors, builders, and materialmen in the state.
297     (b)  "Hydrogen energy technologies" means hydrogen energy
298technologies as defined in s. 377.804(6).
299     (2)  TAX CREDIT.--For tax years beginning on or after
300January 1, 2005, a credit against the tax imposed by this
301chapter shall be granted in an amount equal to 75 percent of the
302eligible costs. Credits may be used in tax years beginning on or
303after January 1, 2005, and ending on or before December 31,
3042011, after which the credit expires and may not be used. If the
305credit under this section is not fully used in any one tax year
306because of insufficient tax liability on the part of the
307corporation, the unused amount may be carried forward and
308utilized in tax years beginning on or after January 1, 2006, and
309ending on or before December 31, 2011, after which the credit
310carryover expires and may not be used. A taxpayer that files a
311consolidated return in this state as a member of an affiliated
312group under s. 220.131(1) may be allowed the credit on a
313consolidated return basis up to the amount of tax imposed upon
314the consolidated group. Any eligible cost for which a credit is
315claimed and which is deducted or otherwise reduces federal
316taxable income shall be added back in computing adjusted federal
317income under s. 220.13.
318     (3)  APPLICATION PROCESS.--Any corporation wishing to
319obtain tax credits available under this section must submit to
320the Department of Environmental Protection an application for
321tax credit that includes a complete description of all eligible
322costs for which the corporation is seeking a credit and a
323description of the total amount of credits sought. The
324Department of Environmental Protection shall make a
325determination on the eligibility of the applicant for the
326credits sought and certify the determination to the applicant
327and the Department of Revenue. The corporation must attach the
328Department of Environmental Protection's certification to the
329tax return on which the credit is claimed. The Department of
330Environmental Protection is authorized to adopt the necessary
331rules, guidelines, and application materials for the application
332process.
333     (4)  ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF CREDITS;
334DISPOSITION OR ABANDONMENT OF CREDIT PROPERTY.--
335     (a)  In addition to its existing audit and investigation
336authority, the Department of Revenue may perform any additional
337financial and technical audits and investigations, including
338examining the accounts, books, and records of the tax credit
339applicant, that are necessary to verify the eligible costs
340included in the tax credit return and to ensure compliance with
341this section. The Department of Environmental Protection shall
342provide technical assistance when requested by the Department of
343Revenue on any technical audits or examinations performed
344pursuant to this section.
345     (b)  It is grounds for forfeiture of previously claimed and
346received tax credits if the Department of Revenue determines, as
347a result of either an audit or examination or from information
348received from the Department of Environmental Protection, that a
349taxpayer received tax credits pursuant to this section to which
350the taxpayer was not entitled. The taxpayer is responsible for
351returning forfeited tax credits to the Department of Revenue,
352and such funds shall be paid into the General Revenue Fund of
353the state.
354     (c)  The Department of Environmental Protection may revoke
355or modify any written decision granting eligibility for tax
356credits under this section if it is discovered that the tax
357credit applicant submitted any false statement, representation,
358or certification in any application, record, report, plan, or
359other document filed in an attempt to receive tax credits under
360this section. The Department of Environmental Protection shall
361immediately notify the Department of Revenue of any revoked or
362modified orders affecting previously granted tax credits.
363Additionally, the taxpayer must notify the Department of Revenue
364of any change in its tax credit claimed.
365     (d)  The taxpayer shall file with the Department of Revenue
366an amended return or such other report as the Department of
367Revenue prescribes by rule and shall pay any required tax and
368interest within 60 days after the taxpayer receives notification
369from the Department of Environmental Protection that previously
370approved tax credits have been revoked or modified. If the
371revocation or modification order is contested, the taxpayer
372shall file as provided in this paragraph within 60 days after a
373final order is issued following proceedings.
374     (e)  A notice of deficiency may be issued by the Department
375of Revenue at any time within 5 years after the taxpayer
376receives formal notification from the Department of
377Environmental Protection that previously approved tax credits
378have been revoked or modified. If a taxpayer fails to notify the
379Department of Revenue of any changes to its tax credit claimed,
380a notice of deficiency may be issued at any time.
381     (f)  A taxpayer that receives a credit under this section
382for the construction or purchase of structures or the purchase
383of equipment shall recapture and repay the amount of credit
384attributable to such property in the event that such property is
385not utilized by the taxpayer for hydrogen energy technologies
386through the warranty period of the complete system or system
387components. In the event a warranty is not provided by the
388equipment manufacturer, the equipment must be operated for the
389useful life of the complete system or system components. No
390credit shall be allowed under this section for an eligible cost
391associated with an investment in hydrogen energy technologies if
392the credit has previously been allowed for such eligible cost.
393     (5)  RULES.--The Department of Revenue shall have the
394authority to adopt rules relating to the forms required to claim
395a tax credit under this section, the requirements and basis for
396establishing an entitlement to a credit, and the examination and
397audit procedures required to administer this section.
398     (6)  REPEAL.--The provisions of this section, except the
399credit carryover provisions provided in subsection (2), are
400repealed on July 1, 2009.
401     Section 10.  Paragraph (a) of subsection (1) of section
402220.13, Florida Statutes, is amended to read:
403     220.13  "Adjusted federal income" defined.--
404     (1)  The term "adjusted federal income" means an amount
405equal to the taxpayer's taxable income as defined in subsection
406(2), or such taxable income of more than one taxpayer as
407provided in s. 220.131, for the taxable year, adjusted as
408follows:
409     (a)  Additions.--There shall be added to such taxable
410income:
411     1.  The amount of any tax upon or measured by income,
412excluding taxes based on gross receipts or revenues, paid or
413accrued as a liability to the District of Columbia or any state
414of the United States which is deductible from gross income in
415the computation of taxable income for the taxable year.
416     2.  The amount of interest which is excluded from taxable
417income under s. 103(a) of the Internal Revenue Code or any other
418federal law, less the associated expenses disallowed in the
419computation of taxable income under s. 265 of the Internal
420Revenue Code or any other law, excluding 60 percent of any
421amounts included in alternative minimum taxable income, as
422defined in s. 55(b)(2) of the Internal Revenue Code, if the
423taxpayer pays tax under s. 220.11(3).
424     3.  In the case of a regulated investment company or real
425estate investment trust, an amount equal to the excess of the
426net long-term capital gain for the taxable year over the amount
427of the capital gain dividends attributable to the taxable year.
428     4.  That portion of the wages or salaries paid or incurred
429for the taxable year which is equal to the amount of the credit
430allowable for the taxable year under s. 220.181. The provisions
431of this subparagraph shall expire and be void on June 30, 2005.
432     5.  That portion of the ad valorem school taxes paid or
433incurred for the taxable year which is equal to the amount of
434the credit allowable for the taxable year under s. 220.182. The
435provisions of this subparagraph shall expire and be void on June
43630, 2005.
437     6.  The amount of emergency excise tax paid or accrued as a
438liability to this state under chapter 221 which tax is
439deductible from gross income in the computation of taxable
440income for the taxable year.
441     7.  That portion of assessments to fund a guaranty
442association incurred for the taxable year which is equal to the
443amount of the credit allowable for the taxable year.
444     8.  In the case of a nonprofit corporation which holds a
445pari-mutuel permit and which is exempt from federal income tax
446as a farmers' cooperative, an amount equal to the excess of the
447gross income attributable to the pari-mutuel operations over the
448attributable expenses for the taxable year.
449     9.  The amount taken as a credit for the taxable year under
450s. 220.1895.
451     10.  Up to nine percent of the eligible basis of any
452designated project which is equal to the credit allowable for
453the taxable year under s. 220.185.
454     11.  The amount taken as a credit for the taxable year
455under s. 220.187.
456     12.  The amount taken as a credit for the taxable year
457under s. 220.192.
458     Section 11.  Paragraph (d) of subsection (1) of section
459366.8255, Florida Statutes, is amended to read:
460     366.8255  Environmental cost recovery.--
461     (1)  As used in this section, the term:
462     (d)  "Environmental compliance costs" includes all costs or
463expenses incurred by an electric utility in complying with
464environmental laws or regulations, or in deploying hydrogen
465energy technologies, as defined in s. 377.804(6), including, but
466not limited to:
467     1.  Inservice capital investments, including the electric
468utility's last authorized rate of return on equity thereon;
469     2.  Operation and maintenance expenses;
470     3.  Fuel procurement costs;
471     4.  Purchased power costs;
472     5.  Emission allowance costs;
473     6.  Direct taxes on environmental equipment; and
474     7.  Costs or expenses prudently incurred by an electric
475utility pursuant to an agreement entered into on or after the
476effective date of this act and prior to October 1, 2002, between
477the electric utility and the Florida Department of Environmental
478Protection or the United States Environmental Protection Agency
479for the exclusive purpose of ensuring compliance with ozone
480ambient air quality standards by an electrical generating
481facility owned by the electric utility; and
482     8.  Costs incurred between July 1, 2005, and June 30, 2009,
483for hydrogen energy technologies, as defined in s. 377.804(6),
484which have the potential to contribute to the provision of
485adequate and reliable electric service to or for the public in
486the state, and which have minimal rate impacts. The electric
487utility shall demonstrate that the proposed hydrogen energy
488technology meets the definition provided in s. 377.804(6).
489     Section 12.  Subsection (1) of section 633.022, Florida
490Statutes, is amended, and subsection (4) is added to said
491section, to read:
492     633.022  Uniform firesafety standards.--The Legislature
493hereby determines that to protect the public health, safety, and
494welfare it is necessary to provide for firesafety standards
495governing the construction and utilization of certain buildings
496and structures. The Legislature further determines that certain
497buildings or structures, due to their specialized use or to the
498special characteristics of the person utilizing or occupying
499these buildings or structures, should be subject to firesafety
500standards reflecting these special needs as may be appropriate.
501     (1)  The department shall establish uniform firesafety
502standards that apply to:
503     (a)  All new, existing, and proposed state-owned and state-
504leased buildings.
505     (b)  All new, existing, and proposed hospitals, nursing
506homes, assisted living facilities, adult family-care homes,
507correctional facilities, public schools, transient public
508lodging establishments, public food service establishments,
509elevators, migrant labor camps, mobile home parks, lodging
510parks, recreational vehicle parks, recreational camps,
511residential and nonresidential child care facilities, facilities
512for the developmentally disabled, motion picture and television
513special effects productions, and self-service gasoline stations,
514and hydrogen fueling, storage, and production facilities for
515stationary fuel cells and vehicles, including maintenance and
516repair facilities, of which standards the State Fire Marshal is
517the final administrative interpreting authority.
518
519In the event there is a dispute between the owners of the
520buildings specified in paragraph (b) and a local authority
521requiring a more stringent uniform firesafety standard for
522sprinkler systems, the State Fire Marshal shall be the final
523administrative interpreting authority and the State Fire
524Marshal's interpretation regarding the uniform firesafety
525standards shall be considered final agency action.
526     (4)(a)  The State Fire Marshal shall have authority to
527adopt any rule necessary pertaining to or applicable to any
528building, structure, facility, condition, situation, or
529circumstance in which hydrogen is being used, produced, stored,
530or in any other manner dealt with or treated as a fuel as the
531State Fire Marshal deems necessary to protect the public health,
532safety, and welfare and to protect the safety of persons and
533property in the state, including, but not limited to, the
534adoption of the most recent edition of the National Fire
535Protection Association's NFPA 1 and any other applicable code,
536publication, or standard.
537     (b)  The State Fire Marshal has the authority to require by
538rule that any equipment used in conjunction with paragraph (a)
539must be listed by a nationally recognized testing laboratory,
540such as Underwriters Laboratories, Inc., or Factory Mutual
541Laboratories, Inc. The State Fire Marshal has the authority to
542adopt by rule procedures for determining whether a laboratory is
543nationally recognized, taking into account the laboratory's
544facilities, procedures, use of nationally recognized standards,
545and any other criteria reasonably calculated to reach an
546informed determination.
547     Section 13.  This act shall take effect July 1, 2005.


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