Bill Text: FL H1281 | 2011 | Regular Session | Comm Sub

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Bill Title: Energy Efficiency

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1281 Detail]

Download: Florida-2011-H1281-Comm_Sub.html

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CS/HB 1281

1	A bill to be entitled
2	An act relating to energy efficiency; amending s. 212.055,
3	F.S.; providing for a portion of the proceeds of the local
4	government infrastructure surtax to be used to provide
5	loans, grants, and rebates to residential property owners
6	who make energy efficiency improvements to their
7	residential property, subject to referendum; defining the
8	term "energy efficiency improvement"; providing an
9	effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Paragraph (d) of subsection (2) of section
14	212.055, Florida Statutes, is amended to read:
15	212.055  Discretionary sales surtaxes; legislative intent;
16	authorization and use of proceeds.-It is the legislative intent
17	that any authorization for imposition of a discretionary sales
18	surtax shall be published in the Florida Statutes as a
19	subsection of this section, irrespective of the duration of the
20	levy. Each enactment shall specify the types of counties
21	authorized to levy; the rate or rates which may be imposed; the
22	maximum length of time the surtax may be imposed, if any; the
23	procedure which must be followed to secure voter approval, if
24	required; the purpose for which the proceeds may be expended;
25	and such other requirements as the Legislature may provide.
26	Taxable transactions and administrative procedures shall be as
27	provided in s. 212.054.
28	(2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-
29	(d)  The proceeds of the surtax authorized by this
30	subsection and any accrued interest shall be expended by the
31	school district, within the county and municipalities within the
32	county, or, in the case of a negotiated joint county agreement,
33	within another county, to finance, plan, and construct
34	infrastructure; to acquire land for public recreation,
35	conservation, or protection of natural resources; to provide
36	loans, grants, or rebates to residential property owners, with
37	preference given to low-income elders, Florida veterans of the
38	Armed Forces of the United States, and disabled adults, who make
39	energy efficiency improvements to their residential property, if
40	a local government ordinance authorizing such use is approved by
41	referendum; or to finance the closure of county-owned or
42	municipally owned solid waste landfills that have been closed or
43	are required to be closed by order of the Department of
44	Environmental Protection. Any use of the proceeds or interest
45	for purposes of landfill closure before July 1, 1993, is
46	ratified. The proceeds and any interest may not be used for the
47	operational expenses of infrastructure, except that a county
48	that has a population of fewer than 75,000 and that is required
49	to close a landfill may use the proceeds or interest for long-
50	term maintenance costs associated with landfill closure.
51	Counties, as defined in s. 125.011, and charter counties may, in
52	addition, use the proceeds or interest to retire or service
53	indebtedness incurred for bonds issued before July 1, 1987, for
54	infrastructure purposes, and for bonds subsequently issued to
55	refund such bonds. Any use of the proceeds or interest for
56	purposes of retiring or servicing indebtedness incurred for
57	refunding bonds before July 1, 1999, is ratified.
58	1.  For the purposes of this paragraph, the term
59	"infrastructure" means:
60	a.  Any fixed capital expenditure or fixed capital outlay
61	associated with the construction, reconstruction, or improvement
62	of public facilities that have a life expectancy of 5 or more
63	years and any related land acquisition, land improvement,
64	design, and engineering costs.
65	b.  A fire department vehicle, an emergency medical service
66	vehicle, a sheriff's office vehicle, a police department
67	vehicle, or any other vehicle, and the equipment necessary to
68	outfit the vehicle for its official use or equipment that has a
69	life expectancy of at least 5 years.
70	c.  Any expenditure for the construction, lease, or
71	maintenance of, or provision of utilities or security for,
72	facilities, as defined in s. 29.008.
73	d.  Any fixed capital expenditure or fixed capital outlay
74	associated with the improvement of private facilities that have
75	a life expectancy of 5 or more years and that the owner agrees
76	to make available for use on a temporary basis as needed by a
77	local government as a public emergency shelter or a staging area
78	for emergency response equipment during an emergency officially
79	declared by the state or by the local government under s.
80	252.38. Such improvements are limited to those necessary to
81	comply with current standards for public emergency evacuation
82	shelters. The owner must enter into a written contract with the
83	local government providing the improvement funding to make the
84	private facility available to the public for purposes of
85	emergency shelter at no cost to the local government for a
86	minimum of 10 years after completion of the improvement, with
87	the provision that the obligation will transfer to any
88	subsequent owner until the end of the minimum period.
89	e.  Any land acquisition expenditure for a residential
90	housing project in which at least 30 percent of the units are
91	affordable to individuals or families whose total annual
92	household income does not exceed 120 percent of the area median
93	income adjusted for household size, if the land is owned by a
94	local government or by a special district that enters into a
95	written agreement with the local government to provide such
96	housing. The local government or special district may enter into
97	a ground lease with a public or private person or entity for
98	nominal or other consideration for the construction of the
99	residential housing project on land acquired pursuant to this
100	sub-subparagraph.
101	2.  For the purposes of this paragraph, the term "energy
102	efficiency improvement" means any energy conservation and
103	efficiency measure that reduces consumption through conservation
104	or a more efficient use of electricity, natural gas, propane, or
105	other forms of energy on the property, including, but not
106	limited to, air sealing; installation of insulation;
107	installation of energy-efficient heating, cooling, or
108	ventilation systems; installation of solar panels; building
109	modifications to increase the use of daylight or shade;
110	replacement of windows; installation of energy controls or
111	energy recovery systems; installation of electric vehicle
112	charging equipment; and installation of efficient lighting
113	equipment.
114	3.2.  Notwithstanding any other provision of this
115	subsection, a local government infrastructure surtax imposed or
116	extended after July 1, 1998, may allocate up to 15 percent of
117	the surtax proceeds for deposit in a trust fund within the
118	county's accounts created for the purpose of funding economic
119	development projects having a general public purpose of
120	improving local economies, including the funding of operational
121	costs and incentives related to economic development. The ballot
122	statement must indicate the intention to make an allocation
123	under the authority of this subparagraph.
124	Section 2.  This act shall take effect July 1, 2011.

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