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A bill to be entitled

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An act relating to renewable energy technologies and

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energy efficiency; providing a short title; amending s.

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377.803, F.S.; defining the term "net metering"; creating

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s. 377.805, F.S.; establishing the Net Metering Incentive

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Program within the Department of Environmental Protection;

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directing the Public Service Commission to require all

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electric utilities to develop net metering programs;

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requiring electric utilities to make certain meters

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available to customers; providing for a customer to

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receive credit for electricity generated by renewable

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energy systems owned by the customer; providing

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eligibility criteria; authorizing the commission and the

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department to adopt rules; specifying a period during

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which the sale of energy-efficient products is exempt from

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certain tax; providing a limitation; providing a

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definition; prohibiting purchase of products by certain

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payment methods; providing that certain purchases or

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attempts to purchase are unfair methods of competition and

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punishable as such; authorizing the Department of Revenue

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to adopt rules; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. This act may be cited as the "Florida Net

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Metering Incentive Act."

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     Section 2.  Subsections (5) through (10) of section 377.803,

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Florida Statutes, are renumbered as subsections (6) through (11),

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respectively, and a new subsection (5) is added to that section

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to read:

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     377.803  Definitions.--As used in ss. 377.801-377.806, the

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term:

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     (5) "Net metering" means a process by which an electric

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utility credits a customer at the full retail rate for

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electricity produced by one or more renewable energy systems

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generating more electricity than the customer consumes.

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     Section 3.  Section 377.805, Florida Statutes, is created to

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read:

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     377.805 Net Metering Incentive Program.--

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(1) The Net Metering Incentive Program is established

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within the department to provide consumers with an incentive to

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use renewable energy technologies by increasing the value of the

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energy they create.

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(2) The commission shall require all electric utilities to

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develop net metering programs that meet the requirements of this

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subsection. The utilities shall make available to customers

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reversible electric meters that subtract the amount of

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electricity a customer generates from the amount of energy a

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customer consumes. The customer shall receive credit at the full

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retail rate for electricity generated by eligible renewable

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energy systems. If the customer's system generates more energy

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than the customer consumes during a billing cycle, the customer

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shall pay only the basic charge for service and the excess credit

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shall be carried forward to the following billing cycle. Pursuant

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to s. 366.81, the utility may not discriminate in the rate or

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rate structure on the basis of the customer-owned renewable

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energy system.

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     (3) To be eligible to participate in the program, the

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customer's system must use a renewable source of energy to

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produce the electricity, must have an aggregate power output of

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no more than 25 kilowatts single-phase or 100 kilowatts three-

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phase, and must meet the safety and compatibility requirements

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set by rule of the commission.

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     (4) The commission and the department may adopt rules

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pursuant to ss. 120.536(1) and 120.54 to implement and administer

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this section, including any amendment of current interconnection

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standards.

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     Section 4. The period from 12:01 a.m., October 5, 2008,

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through midnight, October 14, 2008, shall be designated "Energy-

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Efficient Products Sales Tax Holiday," and the tax levied under

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chapter 212, Florida Statutes, may not be collected on the sale

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of a new energy-efficient product having a selling price of

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$1,500 or less per product during that period. This exemption

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applies only when the energy-efficient product is purchased for

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noncommercial home or personal use and does not apply when the

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product is purchased for trade, business, or resale. As used in

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this section, the term "energy-efficient product" means a

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dishwasher, clothes washer, air conditioner, ceiling fan,

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incandescent or florescent light bulb, dehumidifier, programmable

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thermostat, or refrigerator that has been designated by the

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United States Environmental Protection Agency or by the United

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States Department of Energy as meeting or exceeding the

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requirements under the Energy Star Program of either agency.

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Purchases made under this section may not be made using a

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business or company credit or debit card or check. Any

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construction company, building contractor, or commercial business

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or entity that purchases or attempts to purchase the energy-

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efficient products as exempt under this section commits an unfair

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method of competition in violation of s. 501.204, Florida

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Statutes, punishable as provided in s. 501.2075, Florida

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Statutes. The Department of Revenue may adopt rules under ss.

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120.536(1) and 120.54, Florida Statutes, to administer this

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section.

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     Section 5.  This act shall take effect upon becoming a law.