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. 366.075, F.S.; authorizing the Florida Public Service
41Commission to approve experimental or transitional rates
42to encourage the use of renewable energy; amending s.
43366.8255, F.S.; revising the definition of the term
44"environmental compliance costs" to include costs related
45to the deployment of hydrogen energy technologies;
46providing for cost recovery of utility investment in
47hydrogen energy technologies; amending s. 633.022, F.S.;
48authorizing the State Fire Marshal to adopt uniform
49standards for hydrogen fueling, storage, and production
50facilities; providing rulemaking authority; providing an
51effective date.
52
53Be It Enacted by the Legislature of the State of Florida:
54
55     Section 1.  Section 377.801, Florida Statutes, is created
56to read:
57     377.801  Popular name.--Sections 377.801-377.805 may be
58cited as the "Hydrogen Energy Technologies Act."
59     Section 2.  Section 377.802, Florida Statutes, is created
60to read:
61     377.802  Legislative findings and intent.--The Legislature
62finds that advancing the development of clean and efficient
63energy technologies is important for the state's future, energy
64stability, and protection of its citizens' public health and its
65environment. The Legislature finds that hydrogen can be used as
66a clean and efficient energy carrier and that the development of
67hydrogen energy technologies in the state will help to reduce
68pollution, reduce demand on foreign fuels, promote energy
69diversity, enhance system reliability, educate the public on the
70promise of alternative energy technologies, and promote economic
71growth. The Legislature finds that the promotion of hydrogen
72energy technologies will also promote the development of
73associated energy technologies, including fuel cells and solar
74technologies. The Legislature finds that there is a need to
75assist in the development of early market demand that will
76advance the commercialization and widespread application of
77hydrogen energy technologies. The Legislature further finds that
78the state is ideally positioned to stimulate economic
79development through such advanced energy technologies due to its
80ongoing and successful research and development track record in
81this area, an abundance of natural and renewable energy sources,
82an ability to attract significant research and development
83federal dollars, and the need to find and secure clean energy
84technologies for the benefit of its citizens, visitors, and
85environment.
86     Section 3.  Section 377.803, Florida Statutes, is created
87to read:
88     377.803  Purpose.--This act is intended to provide matching
89grants to stimulate capital investment in the state and to
90enhance the market for and promote the statewide utilization of
91hydrogen energy technologies. The targeted grants program is
92designed to advance the already growing establishment of
93hydrogen energy technologies in the state and encourage the use
94of other incentives such as tax exemptions and regulatory
95certainty to attract additional hydrogen energy technology
96producers, developers, and users to the state.
97     Section 4.  Section 377.804, Florida Statutes, is created
98to read:
99     377.804  Definitions.--As used in this act, the term:
100     (1)  "Act" means the Hydrogen Energy Technologies Act.
101     (2)  "Balance of plant" means all equipment and components
102directly involved in the generation, storage, or use of hydrogen
103for energy production located at the site of hydrogen generation
104or use.
105     (3)  "Department" means the Department of Environmental
106Protection.
107     (4)  "Electrical grid optimization" means the use of
108hydrogen energy technology to assist in decreasing electrical
109peak demand.
110     (5)  "Fuel cell" means equipment using an electrochemical
111process to generate energy, electricity, or the transfer of
112heat.
113     (6)  "Hydrogen energy technology" means any technology that
114is used primarily for the purpose of generating or using
115hydrogen directly as a fuel in the state, including, but not
116limited to:
117     (a)  Stationary fuel cell systems, or internal combustion
118engine systems fueled with hydrogen, used for power generation,
119including prime power, supplemental power, and backup power, and
120the balance of the plant;
121     (b)  On-road and off-road vehicles and watercraft powered
122by fuel cells or internal combustion engines fueled with
123hydrogen;
124     (c)  Fueling systems and supportive infrastructure;
125     (d)  Renewable energy resource systems used to
126electrolytically produce hydrogen;
127     (e)  Reformer technologies used to produce hydrogen from
128the respective hydrogen carrier, including, but not limited to,
129steam-methane, biomass, and chemical technologies;
130     (f)  Electrical grid electrolysis; and
131     (g)  Electrical grid optimization technologies.
132     (7)  "Person" means an individual, partnership, joint
133venture, private or public corporation, association, firm,
134public service company, or any other entity, public or private,
135however organized.
136     (8)  "Renewable energy resource" means any method, process,
137or substance, the use of which does not diminish its
138availability or abundance, including, but not limited to, solar
139energy, wind energy, thermal gradient power, hydroelectric
140power, and fuels derived from agricultural products. However,
141the term "renewable energy resource" does not include fossil
142fuel or nuclear power.
143     Section 5.  Section 377.805, Florida Statutes, is created
144to read:
145     377.805  Hydrogen Energy Technologies Grants Program.--
146     (1)  The Hydrogen Energy Technologies Grants Program is
147established within the department to provide hydrogen energy
148matching grants for demonstration, commercialization, research,
149and development projects relating to hydrogen energy
150technologies and electrical grid optimization.
151     (2)  Matching grants for hydrogen energy demonstration,
152commercialization, research, and development projects may be
153made to any of the following based on the criteria in this
154section:
155     (a)  Municipalities and county governments;
156     (b)  Established for-profit companies licensed to do
157business in the state;
158     (c)  State universities;
159     (d)  Utilities located and operating within the state;
160     (e)  Nonprofit organizations; and
161     (f)  Qualified persons.
162     (3)  The department shall adopt rules to administer the
163awarding of grants under this program.
164     (4)  Factors the department shall consider in awarding
165grants include, but are not limited to:
166     (a)  The extent to which the project stimulates in-state
167capital investment and economic development in metropolitan and
168rural areas, including the creation of jobs and the future
169development of a commercial market for clean energy
170technologies;
171     (b)  The availability of matching funds from an applicant
172and the commitment to provide the matching funds;
173     (c)  The ability to administer a complete project;
174     (d)  Project duration and timeline for expenditures;
175     (e)  The geographic area in which the project is to be
176conducted in relation to other projects;
177     (f)  Other in-kind contributions applied to the total
178project;
179     (g)  The extent to which the project incorporates an
180innovative new technology or an innovative application of an
181existing technology;
182     (h)  The degree to which a project generates thermal or
183electrical energy by means of a low or zero-emissions generation
184technology or renewable energy resource that has substantial
185long-term production potential;
186     (i)  The degree to which the project fosters the general
187public's, a student's, or a specific government or industry
188sector's overall understanding and appreciation of clean energy
189technologies; and
190     (j)  The degree of public visibility and interaction.
191     (5)  Grants awarded to any entity may subsequently be
192amended by the department upon a determination that sufficient
193criteria as provided in subsection (4) are met for the
194additional funds.
195     (6)  The department shall provide a progress report on
196grants awarded to recipients to the Governor, the President of
197the Senate, and the Speaker of the House of Representatives. The
198report shall include:
199     (a)  A description of the extent to which the grants
200program is benefiting the state's environment, public health,
201and economic development;
202     (b)  A list of grant recipients;
203     (c)  The amount of each grant;
204     (d)  The amount of matching funds provided by recipients;
205     (e)  The date of each grant;
206     (f)  A description of each project or expansion funded by a
207grant; and
208     (g)  A description of each project's contribution to the
209state's knowledge and use of hydrogen energy technologies.
210     Section 6.  Paragraph (ccc) is added to subsection (7) of
211section 212.08, Florida Statutes, to read:
212     212.08  Sales, rental, use, consumption, distribution, and
213storage tax; specified exemptions.--The sale at retail, the
214rental, the use, the consumption, the distribution, and the
215storage to be used or consumed in this state of the following
216are hereby specifically exempt from the tax imposed by this
217chapter.
218     (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
219entity by this chapter do not inure to any transaction that is
220otherwise taxable under this chapter when payment is made by a
221representative or employee of the entity by any means,
222including, but not limited to, cash, check, or credit card, even
223when that representative or employee is subsequently reimbursed
224by the entity. In addition, exemptions provided to any entity by
225this subsection do not inure to any transaction that is
226otherwise taxable under this chapter unless the entity has
227obtained a sales tax exemption certificate from the department
228or the entity obtains or provides other documentation as
229required by the department. Eligible purchases or leases made
230with such a certificate must be in strict compliance with this
231subsection and departmental rules, and any person who makes an
232exempt purchase with a certificate that is not in strict
233compliance with this subsection and the rules is liable for and
234shall pay the tax. The department may adopt rules to administer
235this subsection.
236     (ccc)  Equipment, machinery, and other materials for
237hydrogen energy technologies.--
238     1.  The sale or use of hydrogen energy technologies as
239defined in s. 377.804(6) and materials used in the manufacture
240of hydrogen energy technologies is exempt from the tax imposed
241by this chapter.
242     2.a.  The Department of Environmental Protection shall
243provide to the Department of Revenue a list of items considered
244to meet the definition of hydrogen energy technologies as
245defined in s. 377.804(6).
246     b.  Any person may request a determination from the
247Department of Environmental Protection as to whether an item
248that is not on the list meets the definition of hydrogen energy
249technologies as defined in s. 377.804(6). The Department of
250Environmental Protection shall make a determination and issue a
251revised list if appropriate. The Department of Environmental
252Protection is authorized to adopt rules to implement this sub-
253subparagraph.
254     3.  The Department of Revenue is authorized to provide by
255rule procedures for purchasers to make tax-exempt purchases.
256     4.  This exemption is repealed July 1, 2009.
257     Section 7.  Paragraph (y) is added to subsection (7) of
258section 213.053, Florida Statutes, to read:
259     213.053  Confidentiality and information sharing.--
260     (7)  Notwithstanding any other provision of this section,
261the department may provide:
262     (y)  Information relative to ss. 212.08(7)(ccc) and 220.192
263to the Department of Environmental Protection for use in the
264conduct of its official business.
265
266Disclosure of information under this subsection shall be
267pursuant to a written agreement between the executive director
268and the agency. Such agencies, governmental or nongovernmental,
269shall be bound by the same requirements of confidentiality as
270the Department of Revenue. Breach of confidentiality is a
271misdemeanor of the first degree, punishable as provided by s.
272775.082 or s. 775.083.
273     Section 8.  Subsection (8) of section 220.02, Florida
274Statutes, is amended to read:
275     220.02  Legislative intent.--
276     (8)  It is the intent of the Legislature that credits
277against either the corporate income tax or the franchise tax be
278applied in the following order: those enumerated in s. 631.828,
279those enumerated in s. 220.191, those enumerated in s. 220.181,
280those enumerated in s. 220.183, those enumerated in s. 220.182,
281those enumerated in s. 220.1895, those enumerated in s. 221.02,
282those enumerated in s. 220.184, those enumerated in s. 220.186,
283those enumerated in s. 220.1845, those enumerated in s. 220.19,
284those enumerated in s. 220.185, and those enumerated in s.
285220.187, and those enumerated in s. 220.192.
286     Section 9.  Section 220.192, Florida Statutes, is created
287to read:
288     220.192  Hydrogen energy technologies investment tax
289credit.--
290     (1)  DEFINITIONS.--For purposes of this section, the term:
291     (a)  "Eligible costs" means all capital costs, operation
292and maintenance costs, and research and development costs
293incurred between July 1, 2005, and June 30, 2009, in connection
294with an investment in hydrogen energy technologies in the state,
295including, but not limited to, the costs of acquiring, leasing,
296constructing, installing, equipping, and financing of such
297hydrogen energy technologies in the state, and including all
298obligations incurred for labor and obligations to contractors,
299subcontractors, builders, and materialmen in the state.
300     (b)  "Hydrogen energy technologies" means hydrogen energy
301technologies as defined in s. 377.804(6).
302     (2)  TAX CREDIT.--For tax years beginning on or after
303January 1, 2005, a credit against the tax imposed by this
304chapter shall be granted in an amount equal to 75 percent of the
305eligible costs. Credits may be used in tax years beginning on or
306after January 1, 2005, and ending on or before December 31,
3072011, after which the credit expires and may not be used. If the
308credit under this section is not fully used in any one tax year
309because of insufficient tax liability on the part of the
310corporation, the unused amount may be carried forward and
311utilized in tax years beginning on or after January 1, 2006, and
312ending on or before December 31, 2011, after which the credit
313carryover expires and may not be used. A taxpayer that files a
314consolidated return in this state as a member of an affiliated
315group under s. 220.131(1) may be allowed the credit on a
316consolidated return basis up to the amount of tax imposed upon
317the consolidated group. Any eligible cost for which a credit is
318claimed and which is deducted or otherwise reduces federal
319taxable income shall be added back in computing adjusted federal
320income under s. 220.13.
321     (3)  APPLICATION PROCESS.--Any corporation wishing to
322obtain tax credits available under this section must submit to
323the Department of Environmental Protection an application for
324tax credit that includes a complete description of all eligible
325costs for which the corporation is seeking a credit and a
326description of the total amount of credits sought. The
327Department of Environmental Protection shall make a
328determination on the eligibility of the applicant for the
329credits sought and certify the determination to the applicant
330and the Department of Revenue. The corporation must attach the
331Department of Environmental Protection's certification to the
332tax return on which the credit is claimed. The Department of
333Environmental Protection is authorized to adopt the necessary
334rules, guidelines, and application materials for the application
335process.
336     (4)  ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF CREDITS;
337DISPOSITION OR ABANDONMENT OF CREDIT PROPERTY.--
338     (a)  In addition to its existing audit and investigation
339authority, the Department of Revenue may perform any additional
340financial and technical audits and investigations, including
341examining the accounts, books, and records of the tax credit
342applicant, that are necessary to verify the eligible costs
343included in the tax credit return and to ensure compliance with
344this section. The Department of Environmental Protection shall
345provide technical assistance when requested by the Department of
346Revenue on any technical audits or examinations performed
347pursuant to this section.
348     (b)  It is grounds for forfeiture of previously claimed and
349received tax credits if the Department of Revenue determines, as
350a result of either an audit or examination or from information
351received from the Department of Environmental Protection, that a
352taxpayer received tax credits pursuant to this section to which
353the taxpayer was not entitled. The taxpayer is responsible for
354returning forfeited tax credits to the Department of Revenue,
355and such funds shall be paid into the General Revenue Fund of
356the state.
357     (c)  The Department of Environmental Protection may revoke
358or modify any written decision granting eligibility for tax
359credits under this section if it is discovered that the tax
360credit applicant submitted any false statement, representation,
361or certification in any application, record, report, plan, or
362other document filed in an attempt to receive tax credits under
363this section. The Department of Environmental Protection shall
364immediately notify the Department of Revenue of any revoked or
365modified orders affecting previously granted tax credits.
366Additionally, the taxpayer must notify the Department of Revenue
367of any change in its tax credit claimed.
368     (d)  The taxpayer shall file with the Department of Revenue
369an amended return or such other report as the Department of
370Revenue prescribes by rule and shall pay any required tax and
371interest within 60 days after the taxpayer receives notification
372from the Department of Environmental Protection that previously
373approved tax credits have been revoked or modified. If the
374revocation or modification order is contested, the taxpayer
375shall file as provided in this paragraph within 60 days after a
376final order is issued following proceedings.
377     (e)  A notice of deficiency may be issued by the Department
378of Revenue at any time within 5 years after the taxpayer
379receives formal notification from the Department of
380Environmental Protection that previously approved tax credits
381have been revoked or modified. If a taxpayer fails to notify the
382Department of Revenue of any changes to its tax credit claimed,
383a notice of deficiency may be issued at any time.
384     (f)  A taxpayer that receives a credit under this section
385for the construction or purchase of structures or the purchase
386of equipment shall recapture and repay the amount of credit
387attributable to such property in the event that such property is
388not utilized by the taxpayer for hydrogen energy technologies
389through the warranty period of the complete system or system
390components. In the event a warranty is not provided by the
391equipment manufacturer, the equipment must be operated for the
392useful life of the complete system or system components. No
393credit shall be allowed under this section for an eligible cost
394associated with an investment in hydrogen energy technologies if
395the credit has previously been allowed for such eligible cost.
396     (5)  RULES.--The Department of Revenue shall have the
397authority to adopt rules relating to the forms required to claim
398a tax credit under this section, the requirements and basis for
399establishing an entitlement to a credit, and the examination and
400audit procedures required to administer this section.
401     (6)  REPEAL.--The provisions of this section, except the
402credit carryover provisions provided in subsection (2), are
403repealed on July 1, 2009.
404     Section 10.  Paragraph (a) of subsection (1) of section
405220.13, Florida Statutes, is amended to read:
406     220.13  "Adjusted federal income" defined.--
407     (1)  The term "adjusted federal income" means an amount
408equal to the taxpayer's taxable income as defined in subsection
409(2), or such taxable income of more than one taxpayer as
410provided in s. 220.131, for the taxable year, adjusted as
411follows:
412     (a)  Additions.--There shall be added to such taxable
413income:
414     1.  The amount of any tax upon or measured by income,
415excluding taxes based on gross receipts or revenues, paid or
416accrued as a liability to the District of Columbia or any state
417of the United States which is deductible from gross income in
418the computation of taxable income for the taxable year.
419     2.  The amount of interest which is excluded from taxable
420income under s. 103(a) of the Internal Revenue Code or any other
421federal law, less the associated expenses disallowed in the
422computation of taxable income under s. 265 of the Internal
423Revenue Code or any other law, excluding 60 percent of any
424amounts included in alternative minimum taxable income, as
425defined in s. 55(b)(2) of the Internal Revenue Code, if the
426taxpayer pays tax under s. 220.11(3).
427     3.  In the case of a regulated investment company or real
428estate investment trust, an amount equal to the excess of the
429net long-term capital gain for the taxable year over the amount
430of the capital gain dividends attributable to the taxable year.
431     4.  That portion of the wages or salaries paid or incurred
432for the taxable year which is equal to the amount of the credit
433allowable for the taxable year under s. 220.181. The provisions
434of this subparagraph shall expire and be void on June 30, 2005.
435     5.  That portion of the ad valorem school taxes paid or
436incurred for the taxable year which is equal to the amount of
437the credit allowable for the taxable year under s. 220.182. The
438provisions of this subparagraph shall expire and be void on June
43930, 2005.
440     6.  The amount of emergency excise tax paid or accrued as a
441liability to this state under chapter 221 which tax is
442deductible from gross income in the computation of taxable
443income for the taxable year.
444     7.  That portion of assessments to fund a guaranty
445association incurred for the taxable year which is equal to the
446amount of the credit allowable for the taxable year.
447     8.  In the case of a nonprofit corporation which holds a
448pari-mutuel permit and which is exempt from federal income tax
449as a farmers' cooperative, an amount equal to the excess of the
450gross income attributable to the pari-mutuel operations over the
451attributable expenses for the taxable year.
452     9.  The amount taken as a credit for the taxable year under
453s. 220.1895.
454     10.  Up to nine percent of the eligible basis of any
455designated project which is equal to the credit allowable for
456the taxable year under s. 220.185.
457     11.  The amount taken as a credit for the taxable year
458under s. 220.187.
459     12.  The amount taken as a credit for the taxable year
460under s. 220.192.
461     Section 11.  Paragraph (d) of subsection (1) of section
462366.8255, Florida Statutes, is amended to read:
463     366.8255  Environmental cost recovery.--
464     (1)  As used in this section, the term:
465     (d)  "Environmental compliance costs" includes all costs or
466expenses incurred by an electric utility in complying with
467environmental laws or regulations, or in deploying hydrogen
468energy technologies, as provided in subparagraph 8., including,
469but not limited to:
470     1.  Inservice capital investments, including the electric
471utility's last authorized rate of return on equity thereon;
472     2.  Operation and maintenance expenses;
473     3.  Fuel procurement costs;
474     4.  Purchased power costs;
475     5.  Emission allowance costs;
476     6.  Direct taxes on environmental equipment; and
477     7.  Costs or expenses prudently incurred by an electric
478utility pursuant to an agreement entered into on or after the
479effective date of this act and prior to October 1, 2002, between
480the electric utility and the Florida Department of Environmental
481Protection or the United States Environmental Protection Agency
482for the exclusive purpose of ensuring compliance with ozone
483ambient air quality standards by an electrical generating
484facility owned by the electric utility; and
485     8.  Costs incurred between July 1, 2005, and June 30, 2009,
486for hydrogen energy technologies, as defined in s. 377.804(6),
487which have the potential to contribute to the provision of
488adequate and reliable electric service to or for the public in
489the state, and which have minimal rate impacts. The electric
490utility shall demonstrate that the proposed hydrogen energy
491technology meets the definition provided in s. 377.804(6).
492     Section 12.  Subsection (1) of section 633.022, Florida
493Statutes, is amended, and subsection (4) is added to said
494section, to read:
495     633.022  Uniform firesafety standards.--The Legislature
496hereby determines that to protect the public health, safety, and
497welfare it is necessary to provide for firesafety standards
498governing the construction and utilization of certain buildings
499and structures. The Legislature further determines that certain
500buildings or structures, due to their specialized use or to the
501special characteristics of the person utilizing or occupying
502these buildings or structures, should be subject to firesafety
503standards reflecting these special needs as may be appropriate.
504     (1)  The department shall establish uniform firesafety
505standards that apply to:
506     (a)  All new, existing, and proposed state-owned and state-
507leased buildings.
508     (b)  All new, existing, and proposed hospitals, nursing
509homes, assisted living facilities, adult family-care homes,
510correctional facilities, public schools, transient public
511lodging establishments, public food service establishments,
512elevators, migrant labor camps, mobile home parks, lodging
513parks, recreational vehicle parks, recreational camps,
514residential and nonresidential child care facilities, facilities
515for the developmentally disabled, motion picture and television
516special effects productions, and self-service gasoline stations,
517and hydrogen fueling, storage, and production facilities for
518stationary fuel cells and vehicles, including maintenance and
519repair facilities, of which standards the State Fire Marshal is
520the final administrative interpreting authority.
521
522In the event there is a dispute between the owners of the
523buildings specified in paragraph (b) and a local authority
524requiring a more stringent uniform firesafety standard for
525sprinkler systems, the State Fire Marshal shall be the final
526administrative interpreting authority and the State Fire
527Marshal's interpretation regarding the uniform firesafety
528standards shall be considered final agency action.
529     (4)(a)  The State Fire Marshal shall have authority to
530adopt any rule necessary pertaining to or applicable to any
531building, structure, facility, condition, situation, or
532circumstance in which hydrogen is being used, produced, stored,
533or in any other manner dealt with or treated as a fuel as the
534State Fire Marshal deems necessary to protect the public health,
535safety, and welfare and to protect the safety of persons and
536property in the state, including, but not limited to, the
537adoption of the most recent edition of the National Fire
538Protection Association's NFPA 1 and any other applicable code,
539publication, or standard.
540     (b)  The State Fire Marshal has the authority to require by
541rule that any equipment used in conjunction with paragraph (a)
542must be listed by a nationally recognized testing laboratory,
543such as Underwriters Laboratories, Inc., or Factory Mutual
544Laboratories, Inc. The State Fire Marshal has the authority to
545adopt by rule procedures for determining whether a laboratory is
546nationally recognized, taking into account the laboratory's
547facilities, procedures, use of nationally recognized standards,
548and any other criteria reasonably calculated to reach an
549informed determination.
550     Section 13.  Subsection (1) of section 366.075, Florida
551Statutes, is amended to read:
552     366.075  Experimental and transitional rates.--
553     (1)  The commission is authorized to approve rates on an
554experimental or transitional basis for any public utility to
555encourage energy conservation or to encourage efficiency or the
556use of energy from a renewable energy resource, as defined in s.
557377.703(2). The application of such rates may be for limited
558geographic areas and for a limited period.
559     Section 14.  This act shall take effect July 1, 2005.


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