HB 1597CS

CHAMBER ACTION



1The Spaceport & Technology Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to hydrogen energy technology; creating s.
7377.801, F.S.; creating the Hydrogen Energy Technologies
8Act; providing a popular name; creating s. 377.802, F.S.;
9providing legislative findings and intent; creating s.
10377.803, F.S.; providing legislative purpose; creating s.
11377.804, F.S.; providing definitions; creating s. 377.805,
12F.S.; creating the Hydrogen Energy Technologies Grants
13Program in the Department of Environmental Protection to
14provide grants for demonstration, commercialization,
15research, and development projects relating to hydrogen
16energy technologies; providing requirements and procedures
17therefor; providing rulemaking authority; amending s.
18212.08, F.S.; creating a sales tax exemption for certain
19hydrogen energy technology projects; providing
20requirements and procedures therefor; requiring the
21Department of Environmental Protection to make
22determinations relating to certain projects; authorizing
23the Department of Revenue to adopt rules for tax exempt
24purchases; providing for future repeal of the exemption;
25amending s. 213.053, F.S.; providing for information
26sharing between the Department of Revenue and the
27Department of Environmental Protection; amending s.
28220.02, F.S.; providing for the addition of tax credits
29relating to hydrogen energy technologies in the priority
30order of tax credits; creating s. 220.192, F.S.; creating
31a hydrogen energy technologies investment tax credit;
32providing definitions; providing requirements and
33procedures therefor; authorizing the Department of Revenue
34to perform certain audits and investigations; requiring
35the Department of Environmental Protection to provide
36technical assistance in certain audits and investigations;
37providing for revocation or modification of credits;
38providing for payment of tax and interest under certain
39circumstances; providing rulemaking authority; providing
40for future repeal of the credit; amending s. 220.13, F.S.;
41revising the definition of the term "adjusted federal
42income" to include the amount taken as a credit for
43expenses related to hydrogen energy technologies; amending
44s. 366.8255, F.S.; revising the definition of the term
45"environmental compliance costs" to include costs related
46to the deployment of hydrogen energy technologies;
47providing for cost recovery of utility investment in
48hydrogen energy technologies; amending s. 633.022, F.S.;
49authorizing the State Fire Marshal to adopt uniform
50standards for hydrogen fueling, storage, and production
51facilities; providing rulemaking authority; providing an
52effective date.
53
54Be It Enacted by the Legislature of the State of Florida:
55
56     Section 1.  Section 377.801, Florida Statutes, is created
57to  read:
58     377.801  Popular name.--Sections 377.801-377.805 may be
59cited as the "Hydrogen Energy Technologies Act."
60     Section 2.  Section 377.802, Florida Statutes, is created
61to read:
62     377.802  Legislative findings and intent.--The Legislature
63finds that advancing the development of clean and efficient
64energy technologies is important for the state's future, energy
65stability, and protection of its citizens' public health and its
66environment. The Legislature finds that hydrogen can be used as
67a clean and efficient energy carrier and that the development of
68hydrogen energy technologies in the state will help to reduce
69pollution, reduce demand on foreign fuels, promote energy
70diversity, enhance system reliability, educate the public on the
71promise of alternative energy technologies, and promote economic
72growth. The Legislature finds that the promotion of hydrogen
73energy technologies will also promote the development of
74associated energy technologies, including fuel cells and solar
75technologies. The Legislature finds that there is a need to
76assist in the development of early market demand that will
77advance the commercialization and widespread application of
78hydrogen energy technologies. The Legislature further finds that
79the state is ideally positioned to stimulate economic
80development through such advanced energy technologies due to its
81ongoing and successful research and development track record in
82this area, an abundance of natural and renewable energy sources,
83an ability to attract significant research and development
84federal dollars, and the need to find and secure clean energy
85technologies for the benefit of its citizens, visitors, and
86environment.
87     Section 3.  Section 377.803, Florida Statutes, is created
88to read:
89     377.803  Purpose.--This act is intended to provide matching
90grants to stimulate capital investment in the state and to
91enhance the market for and promote the statewide utilization of
92hydrogen energy technologies. The targeted grants program is
93designed to advance the already growing establishment of
94hydrogen energy technologies in the state and encourage the use
95of other incentives such as tax exemptions and regulatory
96certainty to attract additional hydrogen energy technology
97producers, developers, and users to the state.
98     Section 4.  Section 377.804, Florida Statutes, is created
99to read:
100     377.804  Definitions.--As used in this act, the term:
101     (1)  "Act" means the Hydrogen Energy Technologies Act.
102     (2)  "Balance of plant" means all equipment and components
103directly involved in the generation, storage, or use of hydrogen
104for energy production located at the site of hydrogen generation
105or use.
106     (3)  "Department" means the Department of Environmental
107Protection.
108     (4)  "Electrical grid optimization" means the use of
109hydrogen energy technology to assist in decreasing electrical
110peak demand.
111     (5)  "Fuel cell" means equipment using an electrochemical
112process to generate energy, electricity, or the transfer of
113heat.
114     (6)  "Hydrogen energy technology" means any technology that
115is used primarily for the purpose of generating or using
116hydrogen directly as a fuel in the state, including, but not
117limited to:
118     (a)  Stationary fuel cell systems, or internal combustion
119engine systems fueled with hydrogen, used for power generation,
120including prime power, supplemental power, and backup power, and
121the balance of the plant;
122     (b)  On-road and off-road vehicles and watercraft powered
123by fuel cells or internal combustion engines fueled with
124hydrogen;
125     (c)  Fueling systems and supportive infrastructure;
126     (d)  Renewable energy resource systems used to
127electrolytically produce hydrogen;
128     (e)  Reformer technologies used to produce hydrogen from
129the respective hydrogen carrier, including, but not limited to,
130steam-methane, biomass, and chemical technologies;
131     (f)  Electrical grid electrolysis; and
132     (g)  Electrical grid optimization technologies.
133     (7)  "Person" means an individual, partnership, joint
134venture, private or public corporation, association, firm,
135public service company, or any other entity, public or private,
136however organized.
137     (8)  "Renewable energy resource" means any method, process,
138or substance, the use of which does not diminish its
139availability or abundance, including, but not limited to, solar
140energy, wind energy, thermal gradient power, hydroelectric
141power, and fuels derived from agricultural products. However,
142the term "renewable energy resource" does not include fossil
143fuel or nuclear power.
144     Section 5.  Section 377.805, Florida Statutes, is created
145to read:
146     377.805  Hydrogen Energy Technologies Grants Program.--
147     (1)  The Hydrogen Energy Technologies Grants Program is
148established within the department to provide hydrogen energy
149matching grants for demonstration, commercialization, research,
150and development projects relating to hydrogen energy
151technologies and electrical grid optimization.
152     (2)  Matching grants for hydrogen energy demonstration,
153commercialization, research, and development projects may be
154made to any of the following based on the criteria in this
155section:
156     (a)  Municipalities and county governments;
157     (b)  Established for-profit companies licensed to do
158business in the state;
159     (c)  State universities;
160     (d)  Utilities located and operating within the state;
161     (e)  Nonprofit organizations; and
162     (f)  Qualified persons.
163     (3)  The department shall adopt rules to administer the
164awarding of grants under this program.
165     (4)  Factors the department shall consider in awarding
166grants include, but are not limited to:
167     (a)  The extent to which the project stimulates in-state
168capital investment and economic development in metropolitan and
169rural areas, including the creation of jobs and the future
170development of a commercial market for clean energy
171technologies;
172     (b)  The availability of matching funds from an applicant
173and the commitment to provide the matching funds;
174     (c)  The ability to administer a complete project;
175     (d)  Project duration and timeline for expenditures;
176     (e)  The geographic area in which the project is to be
177conducted in relation to other projects;
178     (f)  Other in-kind contributions applied to the total
179project;
180     (g)  The extent to which the project incorporates an
181innovative new technology or an innovative application of an
182existing technology;
183     (h)  The degree to which a project generates thermal or
184electrical energy by means of a low or zero-emissions generation
185technology or renewable energy resource that has substantial
186long-term production potential;
187     (i)  The degree to which the project fosters the general
188public's, a student's, or a specific government or industry
189sector's overall understanding and appreciation of clean energy
190technologies; and
191     (j)  The degree of public visibility and interaction.
192     (5)  Grants awarded to any entity may subsequently be
193amended by the department upon a determination that sufficient
194criteria as provided in subsection (4) are met for the
195additional funds.
196     (6)  The department shall provide a progress report on
197grants awarded to recipients to the Governor, the President of
198the Senate, and the Speaker of the House of Representatives. The
199report shall include:
200     (a)  A description of the extent to which the grants
201program is benefiting the state's environment, public health,
202and economic development;
203     (b)  A list of grant recipients;
204     (c)  The amount of each grant;
205     (d)  The amount of matching funds provided by recipients;
206     (e)  The date of each grant;
207     (f)  A description of each project or expansion funded by a
208grant; and
209     (g)  A description of each project's contribution to the
210state's knowledge and use of hydrogen energy technologies.
211     Section 6.  Paragraph (ccc) is added to subsection (7) of
212section 212.08, Florida Statutes, to read:
213     212.08  Sales, rental, use, consumption, distribution, and
214storage tax; specified exemptions.--The sale at retail, the
215rental, the use, the consumption, the distribution, and the
216storage to be used or consumed in this state of the following
217are hereby specifically exempt from the tax imposed by this
218chapter.
219     (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
220entity by this chapter do not inure to any transaction that is
221otherwise taxable under this chapter when payment is made by a
222representative or employee of the entity by any means,
223including, but not limited to, cash, check, or credit card, even
224when that representative or employee is subsequently reimbursed
225by the entity. In addition, exemptions provided to any entity by
226this subsection do not inure to any transaction that is
227otherwise taxable under this chapter unless the entity has
228obtained a sales tax exemption certificate from the department
229or the entity obtains or provides other documentation as
230required by the department. Eligible purchases or leases made
231with such a certificate must be in strict compliance with this
232subsection and departmental rules, and any person who makes an
233exempt purchase with a certificate that is not in strict
234compliance with this subsection and the rules is liable for and
235shall pay the tax. The department may adopt rules to administer
236this subsection.
237     (ccc)  Equipment, machinery, and other materials for
238hydrogen energy technologies.--
239     1.  The sale or use of hydrogen energy technologies as
240defined in s. 377.804(6) and materials used in the manufacture
241of hydrogen energy technologies is exempt from the tax imposed
242by this chapter.
243     2.a.  The Department of Environmental Protection shall
244provide to the Department of Revenue a list of items considered
245to meet the definition of hydrogen energy technologies as
246defined in s. 377.804(6).
247     b.  Any person may request a determination from the
248Department of Environmental Protection as to whether an item
249that is not on the list meets the definition of hydrogen energy
250technologies as defined in s. 377.804(6). The Department of
251Environmental Protection shall make a determination and issue a
252revised list if appropriate. The Department of Environmental
253Protection is authorized to adopt rules to implement this sub-
254subparagraph.
255     3.  The Department of Revenue is authorized to provide by
256rule procedures for purchasers to make tax-exempt purchases.
257     4.  This exemption is repealed July 1, 2009.
258     Section 7.  Paragraph (y) is added to subsection (7) of
259section 213.053, Florida Statutes, to read:
260     213.053  Confidentiality and information sharing.--
261     (7)  Notwithstanding any other provision of this section,
262the department may provide:
263     (y)  Information relative to ss. 212.08(7)(ccc) and 220.192
264to the Department of Environmental Protection for use in the
265conduct of its official business.
266
267Disclosure of information under this subsection shall be
268pursuant to a written agreement between the executive director
269and the agency. Such agencies, governmental or nongovernmental,
270shall be bound by the same requirements of confidentiality as
271the Department of Revenue. Breach of confidentiality is a
272misdemeanor of the first degree, punishable as provided by s.
273775.082 or s. 775.083.
274     Section 8.  Subsection (8) of section 220.02, Florida
275Statutes, is amended to read:
276     220.02  Legislative intent.--
277     (8)  It is the intent of the Legislature that credits
278against either the corporate income tax or the franchise tax be
279applied in the following order: those enumerated in s. 631.828,
280those enumerated in s. 220.191, those enumerated in s. 220.181,
281those enumerated in s. 220.183, those enumerated in s. 220.182,
282those enumerated in s. 220.1895, those enumerated in s. 221.02,
283those enumerated in s. 220.184, those enumerated in s. 220.186,
284those enumerated in s. 220.1845, those enumerated in s. 220.19,
285those enumerated in s. 220.185, and those enumerated in s.
286220.187, and those enumerated in s. 220.192.
287     Section 9.  Section 220.192, Florida Statutes, is created
288to read:
289     220.192  Hydrogen energy technologies investment tax
290credit.--
291     (1)  DEFINITIONS.--For purposes of this section, the term:
292     (a)  "Eligible costs" means all capital costs, operation
293and maintenance costs, and research and development costs
294incurred between July 1, 2005, and June 30, 2009, in connection
295with an investment in hydrogen energy technologies in the state,
296including, but not limited to, the costs of acquiring, leasing,
297constructing, installing, equipping, and financing of such
298hydrogen energy technologies in the state, and including all
299obligations incurred for labor and obligations to contractors,
300subcontractors, builders, and materialmen in the state.
301     (b)  "Hydrogen energy technologies" means hydrogen energy
302technologies as defined in s. 377.804(6).
303     (2)  TAX CREDIT.--For tax years beginning on or after
304January 1, 2005, a credit against the tax imposed by this
305chapter shall be granted in an amount equal to 75 percent of the
306eligible costs. Credits may be used in tax years beginning on or
307after January 1, 2005, and ending on or before December 31,
3082011, after which the credit expires and may not be used. If the
309credit under this section is not fully used in any one tax year
310because of insufficient tax liability on the part of the
311corporation, the unused amount may be carried forward and
312utilized in tax years beginning on or after January 1, 2006, and
313ending on or before December 31, 2011, after which the credit
314carryover expires and may not be used. A taxpayer that files a
315consolidated return in this state as a member of an affiliated
316group under s. 220.131(1) may be allowed the credit on a
317consolidated return basis up to the amount of tax imposed upon
318the consolidated group. Any eligible cost for which a credit is
319claimed and which is deducted or otherwise reduces federal
320taxable income shall be added back in computing adjusted federal
321income under s. 220.13.
322     (3)  APPLICATION PROCESS.--Any corporation wishing to
323obtain tax credits available under this section must submit to
324the Department of Environmental Protection an application for
325tax credit that includes a complete description of all eligible
326costs for which the corporation is seeking a credit and a
327description of the total amount of credits sought. The
328Department of Environmental Protection shall make a
329determination on the eligibility of the applicant for the
330credits sought and certify the determination to the applicant
331and the Department of Revenue. The corporation must attach the
332Department of Environmental Protection's certification to the
333tax return on which the credit is claimed. The Department of
334Environmental Protection is authorized to adopt the necessary
335rules, guidelines, and application materials for the application
336process.
337     (4)  ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF CREDITS;
338DISPOSITION OR ABANDONMENT OF CREDIT PROPERTY.--
339     (a)  In addition to its existing audit and investigation
340authority, the Department of Revenue may perform any additional
341financial and technical audits and investigations, including
342examining the accounts, books, and records of the tax credit
343applicant, that are necessary to verify the eligible costs
344included in the tax credit return and to ensure compliance with
345this section. The Department of Environmental Protection shall
346provide technical assistance when requested by the Department of
347Revenue on any technical audits or examinations performed
348pursuant to this section.
349     (b)  It is grounds for forfeiture of previously claimed and
350received tax credits if the Department of Revenue determines, as
351a result of either an audit or examination or from information
352received from the Department of Environmental Protection, that a
353taxpayer received tax credits pursuant to this section to which
354the taxpayer was not entitled. The taxpayer is responsible for
355returning forfeited tax credits to the Department of Revenue,
356and such funds shall be paid into the General Revenue Fund of
357the state.
358     (c)  The Department of Environmental Protection may revoke
359or modify any written decision granting eligibility for tax
360credits under this section if it is discovered that the tax
361credit applicant submitted any false statement, representation,
362or certification in any application, record, report, plan, or
363other document filed in an attempt to receive tax credits under
364this section. The Department of Environmental Protection shall
365immediately notify the Department of Revenue of any revoked or
366modified orders affecting previously granted tax credits.
367Additionally, the taxpayer must notify the Department of Revenue
368of any change in its tax credit claimed.
369     (d)  The taxpayer shall file with the Department of Revenue
370an amended return or such other report as the Department of
371Revenue prescribes by rule and shall pay any required tax and
372interest within 60 days after the taxpayer receives notification
373from the Department of Environmental Protection that previously
374approved tax credits have been revoked or modified. If the
375revocation or modification order is contested, the taxpayer
376shall file as provided in this paragraph within 60 days after a
377final order is issued following proceedings.
378     (e)  A notice of deficiency may be issued by the Department
379of Revenue at any time within 5 years after the taxpayer
380receives formal notification from the Department of
381Environmental Protection that previously approved tax credits
382have been revoked or modified. If a taxpayer fails to notify the
383Department of Revenue of any changes to its tax credit claimed,
384a notice of deficiency may be issued at any time.
385     (f)  A taxpayer that receives a credit under this section
386for the construction or purchase of structures or the purchase
387of equipment shall recapture and repay the amount of credit
388attributable to such property in the event that such property is
389not utilized by the taxpayer for hydrogen energy technologies
390through the warranty period of the complete system or system
391components. In the event a warranty is not provided by the
392equipment manufacturer, the equipment must be operated for the
393useful life of the complete system or system components. No
394credit shall be allowed under this section for an eligible cost
395associated with an investment in hydrogen energy technologies if
396the credit has previously been allowed for such eligible cost.
397     (5)  RULES.--The Department of Revenue shall have the
398authority to adopt rules relating to the forms required to claim
399a tax credit under this section, the requirements and basis for
400establishing an entitlement to a credit, and the examination and
401audit procedures required to administer this section.
402     (6)  REPEAL.--The provisions of this section, except the
403credit carryover provisions provided in subsection (2), are
404repealed on July 1, 2009.
405     Section 10.  Paragraph (a) of subsection (1) of section
406220.13, Florida Statutes, is amended to read:
407     220.13  "Adjusted federal income" defined.--
408     (1)  The term "adjusted federal income" means an amount
409equal to the taxpayer's taxable income as defined in subsection
410(2), or such taxable income of more than one taxpayer as
411provided in s. 220.131, for the taxable year, adjusted as
412follows:
413     (a)  Additions.--There shall be added to such taxable
414income:
415     1.  The amount of any tax upon or measured by income,
416excluding taxes based on gross receipts or revenues, paid or
417accrued as a liability to the District of Columbia or any state
418of the United States which is deductible from gross income in
419the computation of taxable income for the taxable year.
420     2.  The amount of interest which is excluded from taxable
421income under s. 103(a) of the Internal Revenue Code or any other
422federal law, less the associated expenses disallowed in the
423computation of taxable income under s. 265 of the Internal
424Revenue Code or any other law, excluding 60 percent of any
425amounts included in alternative minimum taxable income, as
426defined in s. 55(b)(2) of the Internal Revenue Code, if the
427taxpayer pays tax under s. 220.11(3).
428     3.  In the case of a regulated investment company or real
429estate investment trust, an amount equal to the excess of the
430net long-term capital gain for the taxable year over the amount
431of the capital gain dividends attributable to the taxable year.
432     4.  That portion of the wages or salaries paid or incurred
433for the taxable year which is equal to the amount of the credit
434allowable for the taxable year under s. 220.181. The provisions
435of this subparagraph shall expire and be void on June 30, 2005.
436     5.  That portion of the ad valorem school taxes paid or
437incurred for the taxable year which is equal to the amount of
438the credit allowable for the taxable year under s. 220.182. The
439provisions of this subparagraph shall expire and be void on June
44030, 2005.
441     6.  The amount of emergency excise tax paid or accrued as a
442liability to this state under chapter 221 which tax is
443deductible from gross income in the computation of taxable
444income for the taxable year.
445     7.  That portion of assessments to fund a guaranty
446association incurred for the taxable year which is equal to the
447amount of the credit allowable for the taxable year.
448     8.  In the case of a nonprofit corporation which holds a
449pari-mutuel permit and which is exempt from federal income tax
450as a farmers' cooperative, an amount equal to the excess of the
451gross income attributable to the pari-mutuel operations over the
452attributable expenses for the taxable year.
453     9.  The amount taken as a credit for the taxable year under
454s. 220.1895.
455     10.  Up to nine percent of the eligible basis of any
456designated project which is equal to the credit allowable for
457the taxable year under s. 220.185.
458     11.  The amount taken as a credit for the taxable year
459under s. 220.187.
460     12.  The amount taken as a credit for the taxable year
461under s. 220.192.
462     Section 11.  Paragraph (d) of subsection (1) of section
463366.8255, Florida Statutes, is amended to read:
464     366.8255  Environmental cost recovery.--
465     (1)  As used in this section, the term:
466     (d)  "Environmental compliance costs" includes all costs or
467expenses incurred by an electric utility in complying with
468environmental laws or regulations, or in deploying hydrogen
469energy technologies, as defined in s. 377.804(6), including, but
470not limited to:
471     1.  Inservice capital investments, including the electric
472utility's last authorized rate of return on equity thereon;
473     2.  Operation and maintenance expenses;
474     3.  Fuel procurement costs;
475     4.  Purchased power costs;
476     5.  Emission allowance costs;
477     6.  Direct taxes on environmental equipment; and
478     7.  Costs or expenses prudently incurred by an electric
479utility pursuant to an agreement entered into on or after the
480effective date of this act and prior to October 1, 2002, between
481the electric utility and the Florida Department of Environmental
482Protection or the United States Environmental Protection Agency
483for the exclusive purpose of ensuring compliance with ozone
484ambient air quality standards by an electrical generating
485facility owned by the electric utility; and
486     8.  Costs incurred between July 1, 2005, and June 30, 2009,
487for hydrogen energy technologies, as defined in s. 377.804(6),
488which have the potential to contribute to the provision of
489adequate and reliable electric service to or for the public in
490the state, and which have minimal rate impacts. The electric
491utility shall demonstrate that the proposed hydrogen energy
492technology meets the definition provided in s. 377.804(6).
493     Section 12.  Subsection (1) of section 633.022, Florida
494Statutes, is amended, and subsection (4) is added to said
495section, to read:
496     633.022  Uniform firesafety standards.--The Legislature
497hereby determines that to protect the public health, safety, and
498welfare it is necessary to provide for firesafety standards
499governing the construction and utilization of certain buildings
500and structures. The Legislature further determines that certain
501buildings or structures, due to their specialized use or to the
502special characteristics of the person utilizing or occupying
503these buildings or structures, should be subject to firesafety
504standards reflecting these special needs as may be appropriate.
505     (1)  The department shall establish uniform firesafety
506standards that apply to:
507     (a)  All new, existing, and proposed state-owned and state-
508leased buildings.
509     (b)  All new, existing, and proposed hospitals, nursing
510homes, assisted living facilities, adult family-care homes,
511correctional facilities, public schools, transient public
512lodging establishments, public food service establishments,
513elevators, migrant labor camps, mobile home parks, lodging
514parks, recreational vehicle parks, recreational camps,
515residential and nonresidential child care facilities, facilities
516for the developmentally disabled, motion picture and television
517special effects productions, and self-service gasoline stations,
518and hydrogen fueling, storage, and production facilities for
519stationary fuel cells and vehicles, including maintenance and
520repair facilities, of which standards the State Fire Marshal is
521the final administrative interpreting authority.
522
523In the event there is a dispute between the owners of the
524buildings specified in paragraph (b) and a local authority
525requiring a more stringent uniform firesafety standard for
526sprinkler systems, the State Fire Marshal shall be the final
527administrative interpreting authority and the State Fire
528Marshal's interpretation regarding the uniform firesafety
529standards shall be considered final agency action.
530     (4)(a)  The State Fire Marshal shall have authority to
531adopt any rule necessary pertaining to or applicable to any
532building, structure, facility, condition, situation, or
533circumstance in which hydrogen is being used, produced, stored,
534or in any other manner dealt with or treated as a fuel as the
535State Fire Marshal deems necessary to protect the public health,
536safety, and welfare and to protect the safety of persons and
537property in the state, including, but not limited to, the
538adoption of the most recent edition of the National Fire
539Protection Association's NFPA 1 and any other applicable code,
540publication, or standard.
541     (b)  The State Fire Marshal has the authority to require by
542rule that any equipment used in conjunction with paragraph (a)
543must be listed by a nationally recognized testing laboratory,
544such as Underwriters Laboratories, Inc., or Factory Mutual
545Laboratories, Inc. The State Fire Marshal has the authority to
546adopt by rule procedures for determining whether a laboratory is
547nationally recognized, taking into account the laboratory's
548facilities, procedures, use of nationally recognized standards,
549and any other criteria reasonably calculated to reach an
550informed determination.
551     Section 13.  This act shall take effect July 1, 2005.


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