HB 457

1
A bill to be entitled
2An act relating to renewable energy technologies and
3energy efficiency; providing a short title; amending s.
4377.803, F.S.; defining the term "net metering"; creating
5s. 377.805, F.S.; establishing the Net Metering Incentive
6Program within the Department of Environmental Protection;
7directing the Public Service Commission to require all
8electric utilities to develop net metering programs;
9requiring electric utilities to make certain meters
10available to customers; providing for a customer to
11receive credit for electricity generated by renewable
12energy systems owned by the customer; providing
13eligibility criteria; authorizing the commission and the
14department to adopt rules; specifying a period during
15which the sale of energy-efficient products is exempt from
16certain tax; providing a limitation; providing a
17definition; prohibiting purchase of products by certain
18payment methods; providing that certain purchases or
19attempts to purchase are unfair methods of competition and
20punishable as such; authorizing the Department of Revenue
21to adopt rules; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  This act may be cited as the "Florida Net
26Metering Incentive Act."
27     Section 2.  Subsections (5) through (10) of section
28377.803, Florida Statutes, are renumbered as subsections (6)
29through (11), respectively, and a new subsection (5) is added to
30that section to read:
31     377.803  Definitions.--As used in ss. 377.801-377.806, the
32term:
33     (5)  "Net metering" means a process by which an electric
34utility credits a customer at the full retail rate for
35electricity produced by one or more renewable energy systems
36generating more electricity than the customer consumes.
37     Section 3.  Section 377.805, Florida Statutes, is created
38to read:
39     377.805  Net Metering Incentive Program.--
40(1)  The Net Metering Incentive Program is established
41within the department to provide consumers with an incentive to
42utilize renewable energy technologies by increasing the value of
43the energy they create.
44(2)  The commission shall require all electric utilities to
45develop net metering programs that meet the requirements of this
46subsection. The utilities shall make available to customers
47reversible electric meters that subtract the amount of
48electricity a customer generates from the amount of energy a
49customer consumes. The customer shall receive credit at the full
50retail rate for electricity generated by eligible renewable
51energy systems. If the customer's system generates more energy
52than the customer consumes during a billing cycle, the customer
53shall pay only the basic charge for service and the excess
54credit shall be carried forward to the following billing cycle.
55Pursuant to s. 366.81, the utility may not discriminate in the
56rate or rate structure on the basis of the customer-owned
57renewable energy system.
58     (3)  To be eligible to participate in the program, the
59customer's system must use a renewable source of energy to
60produce the electricity, must have an aggregate power output of
61no more than 25 kilowatts single-phase or 100 kilowatts three-
62phase, and must meet the safety and compatibility requirements
63set by rule of the commission.
64     (4)  The commission and the department may adopt rules
65pursuant to ss. 120.536(1) and 120.54 to implement and
66administer this section, including any amendment of current
67interconnection standards.
68     Section 4.  The period from 12:01 a.m., October 5, 2008,
69through midnight, October 14, 2008, shall be designated "Energy-
70Efficient Products Sales Tax Holiday," and the tax levied under
71chapter 212, Florida Statutes, may not be collected on the sale
72of a new energy-efficient product having a selling price of
73$1,500 or less per product during that period. This exemption
74applies only when the energy-efficient product is purchased for
75noncommercial home or personal use and does not apply when the
76product is purchased for trade, business, or resale. As used in
77this section, the term "energy-efficient product" means a
78dishwasher, clothes washer, air conditioner, ceiling fan,
79incandescent or florescent light bulb, dehumidifier,
80programmable thermostat, or refrigerator that has been
81designated by the United States Environmental Protection Agency
82or by the United States Department of Energy as meeting or
83exceeding the requirements under the Energy Star Program of
84either agency. Purchases made under this section may not be made
85using a business or company credit or debit card or check. Any
86construction company, building contractor, or commercial
87business or entity that purchases or attempts to purchase the
88energy-efficient products as exempt under this section commits
89an unfair method of competition in violation of s. 501.204,
90Florida Statutes, punishable as provided in s. 501.2075, Florida
91Statutes. The Department of Revenue may adopt rules under ss.
92120.536(1) and 120.54, Florida Statutes, to administer this
93section.
94     Section 5.  This act shall take effect upon becoming a law.


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