HB 29C

1
A bill to be entitled
2An act relating to energy efficiency; providing
3legislative findings; providing definitions; requiring
4each electric utility in the state to collect from each
5residential, commercial, and industrial customer a
6designated monthly systems charge; requiring the electric
7utilities to deposit collected funds into the Sustainable
8and Renewable Energy Policy Trust Fund; creating a direct-
9support organization for the Florida Energy and Climate
10Commission; providing for a board of directors of the
11direct-support organization; providing for appointment of
12members and terms of office; requiring a written contract
13between the commission and the direct-support
14organization; providing that certain transactions and
15agreements are subject to approval by the Governor;
16providing for the use of the deposited funds; requiring an
17annual audit; amending s. 377.806, F.S.; reestablishing a
18period of time for which residents of the state are
19eligible to receive rebates for specified solar energy
20systems under the Solar Energy System Incentives Program;
21revising the rebate amount for eligible solar photovoltaic
22energy systems; providing a schedule for rebate amounts
23based on the total wattage of the system; clarifying
24eligibility provisions for the installation of specified
25thermal roofs; revising provisions relating to the
26determination and publication of rebate availability
27information; providing for the issuance of specified
28rebates; providing appropriations for the Solar Energy
29System Incentives Program and the Low-income Emergency
30Home Repair Program; providing an effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  (1)  The Legislature finds that there is a need
35for a funding mechanism to support and finance a comprehensive
36energy policy, especially as it relates to sustainable and
37renewable energy, energy conservation, and energy efficiencies.
38With such a stable funding mechanism, this state will realize
39important long-term goals, including:
40     (a)  The reduction of dependence on oil from foreign
41countries.
42     (b)  The ensuring of an adequate and reliable energy
43supply.
44     (c)  The promotion of economic growth through investment in
45emerging technologies that result in the creation of high-paying
46jobs.
47     (d)  The mitigation of adverse environmental impacts and
48the promotion of stewardship of the environment.
49     (e)  The forging of a leadership role in the nation in
50energy conservation and energy efficiencies by providing needed
51support for implementing and marketing the products of renewable
52energy research and innovation.
53     (f)  The establishing of a sustainable and renewable energy
54policy for the state.
55     (2)  As used in this section, the term:
56     (a)  "Commission" means the Florida Energy and Climate
57Commission.
58     (b)  "Direct-support organization" means an organization
59that is:
60     1.  A Florida corporation, not for profit, incorporated
61under chapter 617, Florida Statutes, and approved by the
62Department of State;
63     2.  Organized and operated exclusively to obtain funds; to
64request and receive grants, gifts, and bequests of moneys; to
65acquire, receive, hold, invest, and administer in its own name
66securities, funds, or property; and to make expenditures to
67support the achievement of the goals stated under subsection (1)
68and to increase public awareness of and support for the
69Sustainable and Renewable Energy Policy Trust Fund; and
70     3.  Determined by the commission to be operating in a
71manner consistent with the goals stated under subsection (1).
72     (c)  "Electric utility" means any municipal electric
73utility, investor-owned electric utility, or rural electric
74cooperative that owns, maintains, or operates an electric
75generation, transmission, or distribution system within the
76state.
77     (d)  "Energy conservation" or "energy efficiencies" means
78any activity that facilitates and promotes the use of cost-
79effective energy conservation, energy-demand management, and
80renewable energy technologies.
81     (e)  "Renewable energy" means solar photovoltaic energy,
82solar thermal energy, geothermal energy, ocean thermal energy,
83wave or tidal energy, wind, fuel cells, landfill gas, hydrogen
84production and hydrogen conversion technologies, low-emission
85advanced biomass conversion technologies, alternative fuels used
86for electricity generation, including ethanol, biodiesel, or
87other fuel produced in this state and derived from agricultural
88produce, algae, food waste, or waste vegetable oil, usable
89electricity from combined heat and power systems that have waste
90heat recovery systems, thermal storage systems, and other energy
91resources and emerging technologies that have significant
92potential for commercialization and that do not involve the
93combustion of coal, petroleum or petroleum products, or nuclear
94fission.
95     (3)  Beginning January 1, 2011, each electric utility shall
96collect from each residential, commercial, and industrial
97electric utility customer a monthly charge of 25 cents as a
98systems benefits charge. The electric utilities shall deposit
99the collected funds into the Sustainable and Renewable Energy
100Policy Trust Fund.
101     (4)(a)  The Florida Energy and Climate Commission shall
102establish a direct-support organization to provide assistance,
103funding, and support for the commission in carrying out its
104mission.
105     (b)  The direct-support organization shall be governed by a
106board of directors. The board of directors shall consist of nine
107members, as follows:
108     1.  The chair of the Florida Public Service Commission, or
109his or her designee.
110     2.  The Secretary of Environmental Protection, or his or
111her designee.
112     3.  Two members appointed by the Governor, both of whom are
113residential electric utility customers and one of whom has
114experience relating to low-income housing concerns.
115     4.  Two members appointed by the President of the Senate,
116both of whom are members of the Senate and one of whom is a
117member of the minority party.
118     5.  Two members appointed by the Speaker of the House of
119Representatives, both of whom are members of the House of
120Representatives and one of whom is a member of the minority
121party.
122     6.  One member appointed by the Chief Financial Officer who
123has experience related to renewable energy business or
124commercial investments.
125     (c)  The term of office of the board members shall be 3
126years, except those members of the Senate and the House of
127Representatives, who shall serve 2-year terms concurrent with
128the 2-year elected terms of House members. The terms of the
129initial appointees, except those members of the Senate and the
130House of Representatives, shall be for 1 year, 2 years, or 3
131years in order to achieve staggered terms. A member may be
132reappointed when his or her term expires. The head of the
133commission or his or her designee shall serve as an ex officio
134member of the board of directors.
135     (d)  Members must be residents of this state. A majority of
136the members must be actively involved with sustainable and
137renewable energy systems and highly knowledgeable about the
138commission, its research, and its mission. A member may be
139removed by the Governor, the President of the Senate, the
140Speaker of the House of Representatives, or the Chief Financial
141Officer for cause and with the approval of a majority of the
142members of the board of directors. A vacancy shall be filled in
143the same manner as the initial appointment.
144     (e)  The direct-support organization shall operate under a
145written contract with the commission. The written contract must
146provide for:
147     1.  Certification by the commission that the direct-support
148organization is complying with the terms of the contract and is
149doing so consistent with the goals and purposes of the
150department and in the best interests of the state. This
151certification must be made annually and reported in the official
152minutes of a meeting of the direct-support organization.
153     2.  The reversion of moneys and property held by the
154direct-support organization:
155     a.  To the commission, if the direct-support organization
156is no longer approved to operate for the commission or if the
157direct-support organization ceases to exist; or
158     b.  To the state, if the commission ceases to exist.
159     3.  The disclosure of the material provisions of the
160contract and the distinction between the commission and the
161direct-support organization to donors of gifts, contributions,
162or bequests, including such disclosure on all promotional and
163fundraising publications.
164     (f)1.  The commission may permit the use of its property,
165facilities, and personal services by the direct-support
166organization, subject to this section.
167     2.  The commission may prescribe by contract any condition
168with which the direct-support organization must comply in order
169to use property, facilities, or personal services of the
170commission.
171     3.  The commission may not permit the use of its property,
172facilities, or personal services by any direct-support
173organization organized under this section which does not provide
174equal employment opportunities to all persons regardless of
175race, color, national origin, gender, age, or religion.
176     (g)  Any transaction or agreement between the direct-
177support organization created by this section and another direct-
178support organization or other entity must be approved by the
179Governor.
180     (h)  All moneys received by the direct-support organization
181from federal and state grants, private contributions, and the
182Sustainable and Renewable Energy Policy Trust Fund shall be
183deposited into an account of the direct-support organization.
184The direct-support organization shall use the collected charges
185to support funding for sustainable and renewable energy
186projects, including, but not limited to, grants to provide
187funding in the following order of priority:
188     1.  Any backlog of approved rebate applications for the
189Solar Energy Systems Incentive Program.
190     2.  The implementation of innovation to market projects,
191with specific attention directed toward the number of in-state
192jobs created.
193     3.  Energy conservation and energy efficiency projects,
194with specific attention directed to projects for low-income
195housing, including rental units, rental homes, condominiums, and
196single-family homes.
197     (i)1.  The fiscal year of the direct-support organization
198shall begin on July 1 of each year and end on June 30 of the
199following year.
200     2.  The direct-support organization shall submit to the
201commission its federal Internal Revenue Service Application for
202Recognition of Exemption form and its federal Internal Revenue
203Service Return of Organization Exempt from Income Tax form.
204     (j)  The direct-support organization shall provide for an
205annual financial audit in accordance with s. 215.981, Florida
206Statutes.
207     Section 2.  Subsections (1), (2), (3), and (6) of section
208377.806, Florida Statutes, are amended to read:
209     377.806  Solar Energy System Incentives Program.-
210     (1)  PURPOSE.-The Solar Energy System Incentives Program is
211established within the commission to provide financial
212incentives for the purchase and installation of solar energy
213systems. Any resident of the state who purchases and installs a
214new solar energy system of 2 kilowatts or larger for a solar
215photovoltaic system, a solar energy system that provides at
216least 50 percent of a building's hot water consumption for a
217solar thermal system, or a solar thermal pool heater, from July
2181, 2011 2006, through June 30, 2015 2010, is eligible for a
219rebate on a portion of the purchase price of that solar energy
220system.
221     (2)  SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.-
222     (a)  Eligibility requirements.-A solar photovoltaic system
223qualifies for a rebate if:
224     1.  The system is installed by a state-licensed master
225electrician, electrical contractor, or solar contractor.
226     2.  The system complies with state interconnection
227standards as provided by the Florida Public Service Commission.
228     3.  The system complies with all applicable building codes
229as defined by the Florida Building Code.
230     (b)  Rebate amounts.-The rebate amount shall be set at
231$2.50 $4 per watt for the first year, $2 per watt for the second
232and third years, and $1.50 per watt for each subsequent year,
233based on the total wattage rating of the system. The maximum
234allowable rebate per solar photovoltaic system installation
235shall be as follows:
236     1.  Ten Twenty thousand dollars for a residence.
237     2.  Fifty One hundred thousand dollars for a place of
238business, a publicly owned or operated facility, or a facility
239owned or operated by a private, not-for-profit organization,
240including condominiums or apartment buildings.
241     (3)  SOLAR THERMAL SYSTEM INCENTIVE.-
242     (a)  Eligibility requirements.-A solar thermal system
243qualifies for a rebate if:
244     1.  The system is installed by a state-licensed solar or
245plumbing contractor or, for the installation of a roofing
246contractor installing standing seam hybrid thermal roofs, a
247state-licensed roofing contractor.
248     2.  The system complies with all applicable building codes
249as defined by the Florida Building Code.
250     (b)  Rebate amounts.-Authorized rebates for installation of
251solar thermal systems shall be as follows:
252     1.  Five hundred dollars for a residence.
253     2.  Fifteen dollars per 1,000 Btu up to a maximum of $5,000
254for a place of business, a publicly owned or operated facility,
255or a facility owned or operated by a private, not-for-profit
256organization, including condominiums or apartment buildings.
257     (6)  REBATE AVAILABILITY.-
258     (a)  The commission shall determine and publish on a
259monthly regular basis the total number of rebates issued, the
260amount of each rebate issued, the amount of rebate funds
261remaining in the current each fiscal year, and a statement that
262rebate applications will not be accepted after funds for the
263current fiscal year are depleted.
264     (b)  The total dollar amount of all rebates issued is
265subject to the total amount of appropriations in any fiscal year
266for this program. If funds are insufficient during the current
267fiscal year, any requests for rebates received during that
268fiscal year may be processed during the following fiscal year.
269Requests for rebates received in a fiscal year that are
270processed during the following fiscal year shall be given
271priority over requests for rebates received during the following
272fiscal year.
273     (c)  Before accepting any new rebate applications or
274issuing any new rebates, the commission shall issue rebates for
275applications that were approved through June 30, 2010, but were
276not paid due to insufficient funds. Such rebates shall be issued
277in the order the applications were approved.
278     Section 3.  (1)  For the 2010-2011 fiscal year, the sum of
279$130 million in nonrecurring funds is appropriated from the
280General Revenue Fund to the Florida Energy and Climate
281Commission for the purpose of administering the Solar Energy
282System Incentives Program pursuant to s. 377.806, Florida
283Statutes. The commission shall allocate $30 million of such
284funds to issue rebates for applications that were approved
285through June 30, 2010, but were not paid due to insufficient
286funds.
287     (2)  For the 2010-2011 fiscal year, the sum of $50 million
288in nonrecurring funds is appropriated from the General Revenue
289Fund to the Department of Community Affairs for the purpose of
290administering the Low-income Emergency Home Repair Program
291pursuant to s. 420.36, Florida Statutes.
292     Section 4.  This act shall take effect upon becoming a law.


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