Bill Text: FL S7100 | 2011 | Regular Session | Introduced
Bill Title: Florida Energy and Climate Commission
Spectrum: Committee Bill
Status: (N/A - Dead) 2011-04-01 - Submit as committee bill by Budget (SB 2106) [S7100 Detail]
Download: Florida-2011-S7100-Introduced.html
Florida Senate - 2011 (PROPOSED COMMITTEE BILL) SPB 7100 FOR CONSIDERATION By the Committee on Budget 576-02233A-11 20117100__ 1 A bill to be entitled 2 An act relating to the Florida Energy and Climate 3 Commission; amending ss. 213.053, 220.192, 288.1089, 4 288.9607, 366.82, and 366.92, F.S.; eliminating the 5 Florida Energy and Climate Commission and transferring 6 its duties with respect to a tax credit, an incentive 7 program, and the state’s renewable energy policy to 8 the Department of Environmental Protection; repealing 9 s. 377.6015, F.S., relating to Florida Energy and 10 Climate Commission; amending ss. 377.602, 377.603, 11 377.604, 377.605, 377.606, 377.608, 377.701, 377.703, 12 377.803, 377.804, 377.806, 377.807, 377.808, 377.809, 13 403.44, 526.207, and 1004.648, F.S.; amending ss. 1 14 and 2 of chapter 2010-282, Laws of Florida; 15 transferring the duties of the Florida Energy and 16 Climate Commission with respect to planning and 17 developing the state’s energy policy and its duties 18 under the Florida Energy and Climate Protection Act to 19 the Department of Environmental Protection; providing 20 for the transfer of the commission’s duties and 21 records, personnel, property, unexpended balances of 22 appropriations, allocations, and other funds, 23 administrative authority, administrative rules, 24 pending issues, and existing contracts to the 25 Department of Environmental Protection; providing an 26 effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Paragraph (y) of subsection (8) of section 31 213.053, Florida Statutes, is amended, and present paragraphs 32 (z) through (cc) of that subsection are redesignated as 33 paragraphs (y) through (bb), respectively, to read: 34 213.053 Confidentiality and information sharing.— 35 (8) Notwithstanding any other provision of this section, 36 the department may provide: 37(y) Information relative to ss.212.08(7)(ccc) and220.19238to the Florida Energy and Climate Commission for use in the39conduct of its official business.40 41 Disclosure of information under this subsection shall be 42 pursuant to a written agreement between the executive director 43 and the agency. Such agencies, governmental or nongovernmental, 44 shall be bound by the same requirements of confidentiality as 45 the Department of Revenue. Breach of confidentiality is a 46 misdemeanor of the first degree, punishable as provided by s. 47 775.082 or s. 775.083. 48 Section 2. Subsections (3), (4), (5), and (8) of section 49 220.192, Florida Statutes, are amended to read: 50 220.192 Renewable energy technologies investment tax 51 credit.— 52 (3) CORPORATE APPLICATION PROCESS.—Any corporation wishing 53 to obtain tax credits available under this section must submit 54 to the Department of Environmental ProtectionFlorida Energy and55Climate Commissionan application for tax credit that includes a 56 complete description of all eligible costs for which the 57 corporation is seeking a credit and a description of the total 58 amount of credits sought. The Department of Environmental 59 ProtectionFlorida Energy and Climate Commissionshall make a 60 determination on the eligibility of the applicant for the 61 credits sought and certify the determination to the applicant 62 and the Department of Revenue. The corporation must attach the 63 Department of Environmental Protection’sFlorida Energy and64Climate Commission’scertification to the tax return on which 65 the credit is claimed. The Department of Environmental 66 Protection isFlorida Energy and Climate Commissionshall be67 responsible for ensuring that the corporate income tax credits 68 granted in each fiscal year do not exceed the limits provided 69 for in this section. The Department of Environmental Protection 70 mayFlorida Energy and Climate Commissionis authorized toadopt 71 the necessary rules, guidelines,and formsapplication materials72 for the application process. 73 (4) TAXPAYER APPLICATION PROCESS.—To claim a credit under 74 this section, each taxpayer must apply to the Department of 75 Environmental ProtectionFlorida Energy and Climate Commission76 for an allocation of each type of annual credit by the date 77 established by the Department of Environmental Protection 78Florida Energy and Climate Commission. The application form 79 adoptedmay be establishedby the Department of Environmental 80 ProtectionFlorida Energy and Climate Commission. The formmust 81 include an affidavit from each taxpayer certifying that all 82 information contained in the application, including all records 83 of eligible costs claimed as the basis for the tax credit, are 84 true and correct. Approval of the credits under this section is 85shall be accomplishedon a first-come, first-served basis, based 86 upon the date complete applications are received by the 87 Department of Environmental ProtectionFlorida Energy and88Climate Commission. A taxpayer mustshallsubmit only one 89 complete application based upon eligible costs incurred within a 90 particular state fiscal year. Incomplete placeholder 91 applications will not be accepted and will not secure a place in 92 the first-come, first-served application line. If a taxpayer 93 does not receive a tax credit allocation due to the exhaustion 94 of the annual tax credit authorizations, then such taxpayer may 95 reapply in the following year for those eligible costs and will 96 have priority over other applicants for the allocation of 97 credits. 98 (5) ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF CREDITS.— 99 (a) In addition to its existing audit and investigation 100 authority, the Department of Revenue may perform any additional 101 financial and technical audits and investigations, including 102 examining the accounts, books, and records of the tax credit 103 applicant, which are necessary to verify the eligible costs 104 included in the tax credit return and to ensure compliance with 105 this section. The Department of Environmental ProtectionFlorida106Energy and Climate Commissionshall provide technical assistance 107 when requested by the Department of Revenue on any technical 108 audits or examinations performed pursuant to this section. 109 (b) It is grounds for forfeiture of previously claimed and 110 received tax credits if the Department of Revenue determines, as 111 a result of an audit or examination or from information received 112 from the Department of Environmental ProtectionFlorida Energy113and Climate Commission, that a taxpayer received tax credits 114 pursuant to this section to which the taxpayer was not entitled. 115 The taxpayer is responsible for returning forfeited tax credits 116 to the Department of Revenue, and such funds shall be paid into 117 the General Revenue Fund of the state. 118 (c) The Department of Environmental ProtectionFlorida119Energy and Climate Commissionmay revoke or modify any written 120 decision granting eligibility for tax credits under this section 121 if it is discovered that the tax credit applicant submitted any 122 false statement, representation, or certification in any 123 application, record, report, plan, or other document filed in an 124 attempt to receive tax credits under this section. The 125 Department of Environmental ProtectionFlorida Energy and126Climate Commissionshall immediately notify the Department of 127 Revenue of any revoked or modified orders affecting previously 128 granted tax credits. Additionally, the taxpayer must notify the 129 Department of Revenue of any change in its tax credit claimed. 130 (d) The taxpayer shall file with the Department of Revenue 131 an amended return or such other report as the Department of 132 Revenue prescribes by rule and shall pay any required tax and 133 interest within 60 days after the taxpayer receives notification 134 from the Department of Environmental ProtectionFlorida Energy135and Climate Commissionthat previously approved tax credits have 136 been revoked or modified. If the revocation or modification 137 order is contested, the taxpayer shall file an amended return or 138 other report as provided in this paragraph within 60 days after 139 a final order is issued after proceedings. 140 (e) A notice of deficiency may be issued by the Department 141 of Revenue at any time within 3 years after the taxpayer 142 receives formal notification from the Department of 143 Environmental ProtectionFlorida Energy and Climate Commission144 that previously approved tax credits have been revoked or 145 modified. If a taxpayer fails to notify the Department of 146 Revenue of any changes to its tax credit claimed, a notice of 147 deficiency may be issued at any time. 148 (8) PUBLICATION.—The Department of Environmental Protection 149Florida Energy and Climate Commissionshall determine and 150 publish on a regular basis the amount of available tax credits 151 remaining in each fiscal year. 152 Section 3. Subsection (5) of section 288.1089, Florida 153 Statutes, is amended to read: 154 288.1089 Innovation Incentive Program.— 155 (5) Enterprise Florida, Inc., shall evaluate proposals for 156 all three categories of innovation incentive awards and transmit 157 recommendations for awards to the office. Before making its 158 recommendations on alternative and renewable energy projects, 159 Enterprise Florida, Inc., shall solicit comments and 160 recommendations from the Department of Environmental Protection 161Florida Energy and Climate Commission. For each project, the 162 evaluation and recommendation to the office must include, but 163 need not be limited to: 164 (a) A description of the project, its required facilities, 165 and the associated product, service, or research and development 166 associated with the project. 167 (b) The percentage of match provided for the project. 168 (c) The number of full-time equivalent jobs that will be 169 created by the project, the total estimated average annual wages 170 of such jobs, and the types of business activities and jobs 171 likely to be stimulated by the project. 172 (d) The cumulative investment to be dedicated to the 173 project within 5 years and the total investment expected in the 174 project if more than 5 years. 175 (e) The projected economic and fiscal impacts on the local 176 and state economies relative to investment. 177 (f) A statement of any special impacts the project is 178 expected to stimulate in a particular business sector in the 179 state or regional economy or in the state’s universities and 180 community colleges. 181 (g) A statement of any anticipated or proposed 182 relationships with state universities. 183 (h) A statement of the role the incentive is expected to 184 play in the decision of the applicant to locate or expand in 185 this state. 186 (i) A recommendation and explanation of the amount of the 187 award needed to cause the applicant to expand or locate in this 188 state. 189 (j) A discussion of the efforts and commitments made by the 190 local community in which the project is to be located to induce 191 the applicant’s location or expansion, taking into consideration 192 local resources and abilities. 193 (k) A recommendation for specific performance criteria the 194 applicant would be expected to achieve in order to receive 195 payments from the fund and penalties or sanctions for failure to 196 meet or maintain performance conditions. 197 (l) Additional evaluative criteria for a research and 198 development facility project, including: 199 1. A description of the extent to which the project has the 200 potential to serve as catalyst for an emerging or evolving 201 cluster. 202 2. A description of the extent to which the project has or 203 could have a long-term collaborative research and development 204 relationship with one or more universities or community colleges 205 in this state. 206 3. A description of the existing or projected impact of the 207 project on established clusters or targeted industry sectors. 208 4. A description of the project’s contribution to the 209 diversity and resiliency of the innovation economy of this 210 state. 211 5. A description of the project’s impact on special needs 212 communities, including, but not limited to, rural areas, 213 distressed urban areas, and enterprise zones. 214 (m) Additional evaluative criteria for alternative and 215 renewable energy proposals, including: 216 1. The availability of matching funds or other in-kind 217 contributions applied to the total project from an applicant. 218 The departmentcommissionshall give greater preference to 219 projects that provide such matching funds or other in-kind 220 contributions. 221 2. The degree to which the project stimulates in-state 222 capital investment and economic development in metropolitan and 223 rural areas, including the creation of jobs and the future 224 development of a commercial market for renewable energy 225 technologies. 226 3. The extent to which the proposed project has been 227 demonstrated to be technically feasible based on pilot project 228 demonstrations, laboratory testing, scientific modeling, or 229 engineering or chemical theory that supports the proposal. 230 4. The degree to which the project incorporates an 231 innovative new technology or an innovative application of an 232 existing technology. 233 5. The degree to which a project generates thermal, 234 mechanical, or electrical energy by means of a renewable energy 235 resource that has substantial long-term production potential. 236 6. The degree to which a project demonstrates efficient use 237 of energy and material resources. 238 7. The degree to which the project fosters overall 239 understanding and appreciation of renewable energy technologies. 240 8. The ability to administer a complete project. 241 9. Project duration and timeline for expenditures. 242 10. The geographic area in which the project is to be 243 conducted in relation to other projects. 244 11. The degree of public visibility and interaction. 245 Section 4. Subsection (9) of section 288.9607, Florida 246 Statutes, is amended to read: 247 288.9607 Guaranty of bond issues.— 248 (9) The membership of the corporation is authorized and 249 directed to conduct such investigation as it may deem necessary 250 for promulgation of regulations to govern the operation of the 251 guaranty program authorized by this section. The regulations may 252 include such other additional provisions, restrictions, and 253 conditions as the corporation, after its investigation referred 254 to in this subsection, shall determine to be proper to achieve 255 the most effective utilization of the guaranty program. This may 256 include, without limitation, a detailing of the remedies that 257 must be exhausted by bondholders, a trustee acting on their 258 behalf, or other credit provided before calling upon the 259 corporation to perform under its guaranty agreement and the 260 subrogation of other rights of the corporation with reference to 261 the capital project and its operation or the financing in the 262 event the corporation makes payment pursuant to the applicable 263 guaranty agreement. The regulations promulgated by the 264 corporation to govern the operation of the guaranty program may 265 contain specific provisions with respect to the rights of the 266 corporation to enter, take over, and manage all financed 267 properties upon default. These regulations shall be submitted by 268 the corporation to the Department of Environmental Protection 269Florida Energy and Climate Commissionfor approval. 270 Section 5. Subsection (5) of section 366.82, Florida 271 Statutes, is amended to read: 272 366.82 Definition; goals; plans; programs; annual reports; 273 energy audits.— 274 (5) The Department of Environmental ProtectionFlorida275Energy and Climate Commissionshall be a party in the 276 proceedings to adopt goals and shall file with the commission 277 comments on the proposed goals, including, but not limited to: 278 (a) An evaluation of utility load forecasts, including an 279 assessment of alternative supply-side and demand-side resource 280 options. 281 (b) An analysis of various policy options that can be 282 implemented to achieve a least-cost strategy, including 283 nonutility programs targeted at reducing and controlling the per 284 capita use of electricity in the state. 285 (c) An analysis of the impact of state and local building 286 codes and appliance efficiency standards on the need for 287 utility-sponsored conservation and energy efficiency measures 288 and programs. 289 Section 6. Subsection (3) of section 366.92, Florida 290 Statutes, is amended to read: 291 366.92 Florida renewable energy policy.— 292 (3) The commission shall adopt rules for a renewable 293 portfolio standard requiring each provider to supply renewable 294 energy to its customers directly, by procuring, or through 295 renewable energy credits. In developing the RPS rule, the 296 commission shall consult the Department of Environmental 297 Protectionand the Florida Energy and Climate Commission. The 298 rule shall not be implemented until ratified by the Legislature. 299 The commission shall present a draft rule for legislative 300 consideration by February 1, 2009. 301 (a) In developing the rule, the commission shall evaluate 302 the current and forecasted levelized cost in cents per kilowatt 303 hour through 2020 and current and forecasted installed capacity 304 in kilowatts for each renewable energy generation method through 305 2020. 306 (b) The commission’s rule: 307 1. Shall include methods of managing the cost of compliance 308 with the renewable portfolio standard, whether through direct 309 supply or procurement of renewable power or through the purchase 310 of renewable energy credits. The commission shall have 311 rulemaking authority for providing annual cost recovery and 312 incentive-based adjustments to authorized rates of return on 313 common equity to providers to incentivize renewable energy. 314 Notwithstanding s. 366.91(3) and (4), upon the ratification of 315 the rules developed pursuant to this subsection, the commission 316 may approve projects and power sales agreements with renewable 317 power producers and the sale of renewable energy credits needed 318 to comply with the renewable portfolio standard. In the event of 319 any conflict, this subparagraph shall supersede s. 366.91(3) and 320 (4). However, nothing in this section shall alter the obligation 321 of each public utility to continuously offer a purchase contract 322 to producers of renewable energy. 323 2. Shall provide for appropriate compliance measures and 324 the conditions under which noncompliance shall be excused due to 325 a determination by the commission that the supply of renewable 326 energy or renewable energy credits was not adequate to satisfy 327 the demand for such energy or that the cost of securing 328 renewable energy or renewable energy credits was cost 329 prohibitive. 330 3. May provide added weight to energy provided by wind and 331 solar photovoltaic over other forms of renewable energy, whether 332 directly supplied or procured or indirectly obtained through the 333 purchase of renewable energy credits. 334 4. Shall determine an appropriate period of time for which 335 renewable energy credits may be used for purposes of compliance 336 with the renewable portfolio standard. 337 5. Shall provide for monitoring of compliance with and 338 enforcement of the requirements of this section. 339 6. Shall ensure that energy credited toward compliance with 340 the requirements of this section is not credited toward any 341 other purpose. 342 7. Shall include procedures to track and account for 343 renewable energy credits, including ownership of renewable 344 energy credits that are derived from a customer-owned renewable 345 energy facility as a result of any action by a customer of an 346 electric power supplier that is independent of a program 347 sponsored by the electric power supplier. 348 8. Shall provide for the conditions and options for the 349 repeal or alteration of the rule in the event that new 350 provisions of federal law supplant or conflict with the rule. 351 (c) Beginning on April 1 of the year following final 352 adoption of the commission’s renewable portfolio standard rule, 353 each provider shall submit a report to the commission describing 354 the steps that have been taken in the previous year and the 355 steps that will be taken in the future to add renewable energy 356 to the provider’s energy supply portfolio. The report shall 357 state whether the provider was in compliance with the renewable 358 portfolio standard during the previous year and how it will 359 comply with the renewable portfolio standard in the upcoming 360 year. 361 Section 7. Section 377.6015, Florida Statutes, is repealed. 362 Section 8. Subsection (1) of section 377.602, Florida 363 Statutes, is amended to read: 364 377.602 Definitions.—As used in ss. 377.601-377.608: 365 (1) “Department”“Commission”means the Department of 366 Environmental ProtectionFlorida Energy and Climate Commission. 367 Section 9. Section 377.603, Florida Statutes, is amended to 368 read: 369 377.603 Energy data collection; powers and duties of the 370 departmentcommission.— 371 (1) The departmentcommissionmay collect data on the 372 extraction, production, importation, exportation, refinement, 373 transportation, transmission, conversion, storage, sale, or 374 reserves of energy resources in this state in an efficient and 375 expeditious manner. 376 (2) The departmentcommission may prepare periodic reports 377 of energy data it collects. 378 (3) The departmentcommissionmay adopt and promulgate such 379 rules and regulations as are necessary to carry out the 380 provisions of ss. 377.601-377.608. Such rules shall be pursuant 381 to chapter 120. 382 (4) The departmentcommissionshall maintain internal 383 validation procedures to assure the accuracy of information 384 received. 385 Section 10. Section 377.604, Florida Statutes, is amended 386 to read: 387 377.604 Required reports.—Every person who produces, 388 imports, exports, refines, transports, transmits, converts, 389 stores, sells, or holds known reserves of any form of energy 390 resources used as fuel shall report to the department 391commission, at the request of and in a manner prescribed by the 392 departmentcommission, on forms provided by the department 393commission. Such forms shall be designed in such a manner as to 394 indicate: 395 (1) The identity of the person or persons making the 396 report. 397 (2) The quantity of energy resources extracted, produced, 398 imported, exported, refined, transported, transmitted, 399 converted, stored, or sold except at retail. 400 (3) The quantity of energy resources known to be held in 401 reserve in the state. 402 (4) The identity of each refinery from which petroleum 403 products have normally been obtained and the type and quantity 404 of products secured from that refinery for sale or resale in 405 this state. 406 (5) Any other information which the departmentcommission407 deems proper pursuant to the intent of ss. 377.601-377.608. 408 Section 11. Section 377.605, Florida Statutes, is amended 409 to read: 410 377.605 Use of existing information.—The department 411commissionmay utilize to the fullest extent possible any 412 existing energy information already prepared for state or 413 federal agencies. Every state, county, and municipal agency 414 shall cooperate with the departmentcommissionand shall submit 415 any information on energy to the departmentcommissionupon 416 request. 417 Section 12. Section 377.606, Florida Statutes, is amended 418 to read: 419 377.606 Records of the departmentcommission; limits of 420 confidentiality.—The information or records of individual 421 persons, as defined in this section, obtained by the department 422commissionas a result of a report, investigation, or 423 verification required by the departmentcommissionshall be open 424 to the public, except such information the disclosure of which 425 would be likely to cause substantial harm to the competitive 426 position of the person providing such information and which is 427 requested to be held confidential by the person providing such 428 information. Such proprietary information is confidential and 429 exempt from the provisions of s. 119.07(1). Information reported 430 by entities other than the departmentcommissionin documents or 431 reports open to public inspection shall under no circumstances 432 be classified as confidential by the departmentcommission. 433 Divulgence of proprietary information as is requested to be held 434 confidential, except upon order of a court of competent 435 jurisdiction or except to an officer of the state entitled to 436 receive the same in his or her official capacity, shall be a 437 misdemeanor of the second degree, punishable as provided in ss. 438 775.082 and 775.083.Nothing inThis section does notshall be439construed toprohibit the publication or divulgence by other 440 means of data so classified as to prevent identification of 441 particular accounts or reports made to the departmentcommission442 in compliance with s. 377.603 or to prohibit the disclosure of 443 such information to properly qualified legislative committees. 444 The departmentcommissionshall establish a system which permits 445 reasonable access to information developed. 446 Section 13. Section 377.608, Florida Statutes, is amended 447 to read: 448 377.608 Prosecution of cases by state attorney.—The state 449 attorney shall prosecute all cases certified to him or her for 450 prosecution by the departmentcommissionimmediately upon 451 receipt of the evidence transmitted by the department 452commission, or as soon thereafter as practicable. 453 Section 14. Subsections (1), (2), and (3) of section 454 377.701, Florida Statutes, are amended to read: 455 377.701 Petroleum allocation.— 456 (1) The Department of Environmental ProtectionFlorida457Energy and Climate Commissionshall assume the state’s role in 458 petroleum allocation and conservation, including the development 459 of a fair and equitable petroleum plan. The department 460commissionshall constitute the responsible state agency for 461 performing the functions of any federal program delegated to the 462 state, which relates to petroleum supply, demand, and 463 allocation. 464 (2) The departmentcommissionshall, in addition to 465 assuming the duties and responsibilities provided by subsection 466 (1), perform the following: 467 (a) In projecting available supplies of petroleum, 468 coordinate with the Department of Revenue to secure information 469 necessary to assure the sufficiency and accuracy of data 470 submitted by persons affected by any federal fuel allocation 471 program. 472 (b) Require such periodic reports from public and private 473 sources as may be necessary to the fulfillment of its 474 responsibilities under this act. Such reports may include: 475 petroleum use; all sales, including end-user sales, except 476 retail gasoline and retail fuel oil sales; inventories; expected 477 supplies and allocations; and petroleum conservation measures. 478 (c) In cooperation with the Department of Revenue and other 479 relevant state agencies, provide for long-range studies 480 regarding the usage of petroleum in the state in order to: 481 1. Comprehend the consumption of petroleum resources. 482 2. Predict future petroleum demands in relation to 483 available resources. 484 3. Report the results of such studies to the Legislature. 485 (3) For the purpose of determining accuracy of data, all 486 state agencies shall timely provide the departmentcommission487 with petroleum-use information in a format suitable to the needs 488 of the allocation program. 489 Section 15. Section 377.703, Florida Statutes, is amended 490 to read: 491 377.703 Additional functions of the Department of 492 Environmental ProtectionFlorida Energy and Climate Commission.— 493 (1) LEGISLATIVE INTENT.—Recognizing that energy supply and 494 demand questions have become a major area of concern to the 495 state which must be dealt with by effective and well-coordinated 496 state action, it is the intent of the Legislature to promote the 497 efficient, effective, and economical management of energy 498 problems, centralize energy coordination responsibilities, 499 pinpoint responsibility for conducting energy programs, and 500 ensure the accountability of state agencies for the 501 implementation of s. 377.601(2), the state energy policy. It is 502 the specific intent of the Legislature that nothing in this act 503 shall in any way change the powers, duties, and responsibilities 504 assigned by the Florida Electrical Power Plant Siting Act, part 505 II of chapter 403, or the powers, duties, and responsibilities 506 of the Florida Public Service Commission. 507 (2) DEPARTMENT OF ENVIRONMENTAL PROTECTIONFLORIDA ENERGY508AND CLIMATE COMMISSION; DUTIES.—The departmentcommissionshall 509 perform the following functions consistent with the development 510 of a state energy policy: 511 (a) The department is responsible for thecommissionshall512assume the responsibility fordevelopment of an energy emergency 513 contingency plan to respond to serious shortages of primary and 514 secondary energy sources. Upon a finding by the Governor, 515 implementation of any emergency program shall be upon order of 516 the Governor that a particular kind or type of fuel is, or that 517 the occurrence of an event which is reasonably expected within 518 30 days will make the fuel, in short supply. The department 519commissionshall then respond by instituting the appropriate 520 measures of the contingency plan to meet the given emergency or 521 energy shortage. The Governor may utilize the provisions of s. 522 252.36(5) to carry out any emergency actions required by a 523 serious shortage of energy sources. 524 (b) The department iscommissionshall beresponsible for 525 performing or coordinating the functions of any federal energy 526 programs delegated to the state, including energy supply, 527 demand, conservation, or allocation. 528 (c) The departmentcommissionshall analyze present and 529 proposed federal energy programs and make recommendations 530 regarding those programs to the Governor and the Legislature. 531 (d) The departmentcommissionshall coordinate efforts to 532 seek federal support or other support for state energy 533 activities, including energy conservation, research, or 534 development, and isshall beresponsible for the coordination of 535 multiagency energy conservation programs and plans. 536 (e) The departmentcommissionshall analyze energy data 537 collected and prepare long-range forecasts of energy supply and 538 demand in coordination with the Florida Public Service 539 Commission, which is responsibleshall have responsibilityfor 540 electricity and natural gas forecasts. To this end, the 541 forecasts shall contain: 542 1. An analysis of the relationship of state economic growth 543 and development to energy supply and demand, including the 544 constraints to economic growth resulting from energy supply 545 constraints. 546 2. Plans for the development of renewable energy resources 547 and reduction in dependence on depletable energy resources, 548 particularly oil and natural gas, and an analysis of the extent 549 to which renewable energy sources are being utilized in the 550 state. 551 3. Consideration of alternative scenarios of statewide 552 energy supply and demand for 5, 10, and 20 years to identify 553 strategies for long-range action, including identification of 554 potential social, economic, and environmental effects. 555 4. An assessment of the state’s energy resources, including 556 examination of the availability of commercially developable and 557 imported fuels, and an analysis of anticipated effects on the 558 state’s environment and social services resulting from energy 559 resource development activities or from energy supply 560 constraints, or both. 561 (f) The departmentcommissionshall submit an annual report 562 to the Governor and the Legislature reflecting its activities 563 and making recommendations of policies for improvement of the 564 state’s response to energy supply and demand and its effect on 565 the health, safety, and welfare of the people of Florida. The 566 report shall include a report from the Florida Public Service 567 Commission on electricity and natural gas and information on 568 energy conservation programs conducted and underway in the past 569 year and shall include recommendations for energy conservation 570 programs for the state, including, but not limited to, the 571 following factors: 572 1. Formulation of specific recommendations for improvement 573 in the efficiency of energy utilization in governmental, 574 residential, commercial, industrial, and transportation sectors. 575 2. Collection and dissemination of information relating to 576 energy conservation. 577 3. Development and conduct of educational and training 578 programs relating to energy conservation. 579 4. An analysis of the ways in which state agencies are 580 seeking to implement s. 377.601(2), the state energy policy, and 581 recommendations for better fulfilling this policy. 582 (g) The department maycommissionhas authority toadopt 583 rules pursuant to ss. 120.536(1) and 120.54 to implement the 584 provisions of this act. 585 (h) The departmentcommissionshall promote the development 586 and use of renewable energy resources, in conformance with the 587 provisions of chapter 187 and s. 377.601, by: 588 1. Establishing goals and strategies for increasing the use 589 of solar energy in this state. 590 2. Aiding and promoting the commercialization of solar 591 energy technology, in cooperation with the Florida Solar Energy 592 Center, Enterprise Florida, Inc., and any other federal, state, 593 or local governmental agency which may seek to promote research, 594 development, and demonstration of solar energy equipment and 595 technology. 596 3. Identifying barriers to greater use of solar energy 597 systems in this state, and developing specific recommendations 598 for overcoming identified barriers, with findings and 599 recommendations to be submitted annually in the report to the 600 Governor and Legislature required under paragraph (f). 601 4. In cooperation withtheDepartment of Environmental602Protection,the Department of Transportation, the Department of 603 Community Affairs, Enterprise Florida, Inc., the Florida Solar 604 Energy Center, and the Florida Solar Energy Industries 605 Association, investigating opportunities, pursuant to the 606 National Energy Policy Act of 1992, the Housing and Community 607 Development Act of 1992, and any subsequent federal legislation, 608 for solar electric vehicles and other solar energy 609 manufacturing, distribution, installation, and financing efforts 610 which will enhance this state’s position as the leader in solar 611 energy research, development, and use. 612 5. Undertaking other initiatives to advance the development 613 and use of renewable energy resources in this state. 614 615 In the exercise of its responsibilities under this paragraph, 616 the departmentcommissionshall seek the assistance of the solar 617 energy industry in this state and other interested parties and 618 is authorized to enter into contracts, retain professional 619 consulting services, and expend funds appropriated by the 620 Legislature for such purposes. 621 (i) The departmentcommissionshall promote energy 622 conservation in all energy use sectors throughout the state and 623 shall constitute the state agency primarily responsible for this 624 function. To this end, the departmentcommissionshall 625 coordinate the energy conservation programs of all state 626 agencies and review and comment on the energy conservation 627 programs of all state agencies. 628 (j) The departmentcommissionshall serve as the state 629 clearinghouse for indexing and gathering all information related 630 to energy programs in state universities, in private 631 universities, in federal, state, and local government agencies, 632 and in private industry and shall prepare and distribute such 633 information in any manner necessary to inform and advise the 634 citizens of the state of such programs and activities. This 635 shall include developing and maintaining a current index and 636 profile of all research activities, which shall be identified by 637 energy area and may include a summary of the project, the amount 638 and sources of funding, anticipated completion dates, or, in 639 case of completed research, conclusions, recommendations, and 640 applicability to state government and private sector functions. 641 The departmentcommissionshall coordinate, promote, and respond 642 to efforts by all sectors of the economy to seek financial 643 support for energy activities. The departmentcommissionshall 644 provide information to consumers regarding the anticipated 645 energy-use and energy-saving characteristics of products and 646 services in coordination with any federal, state, or local 647 governmental agencies as may provide such information to 648 consumers. 649 (k) The departmentcommissionshall coordinate energy 650 related programs of state government, including, but not limited 651 to, the programs provided in this section. To this end, the 652 departmentcommissionshall: 653 1. Provide assistance to other state agencies, counties, 654 municipalities, and regional planning agencies to further and 655 promote their energy planning activities. 656 2. Require, in cooperation with the Department of 657 Management Services, all state agencies to operate state-owned 658 and state-leased buildings in accordance with energy 659 conservation standards as adopted by the Department of 660 Management Services. Every 3 months, the Department of 661 Management Services shall furnish the departmentcommissiondata 662 on agencies’ energy consumption and emissions of greenhouse 663 gases in a format prescribed by the departmentcommission. 664 3. Promote the development and use of renewable energy 665 resources, energy efficiency technologies, and conservation 666 measures. 667 4. Promote the recovery of energy from wastes, including, 668 but not limited to, the use of waste heat, the use of 669 agricultural products as a source of energy, and recycling of 670 manufactured products. Such promotion shall be conducted in 671 conjunction with, and after consultation with,the Department of672Environmental Protection andthe Florida Public Service 673 Commission where electrical generation or natural gas is 674 involved, and any other relevant federal, state, or local 675 governmental agency having responsibility for resource recovery 676 programs. 677 (l) The departmentcommissionshall develop, coordinate, 678 and promote a comprehensive research plan for state programs. 679 Such plan shall be consistent with state energy policy and shall 680 be updated on a biennial basis. 681 (m) In recognition of the devastation to the economy of 682 this state and the dangers to the health and welfare of 683 residents of this state caused by severe hurricanes, and the 684 potential for such impacts caused by other natural disasters, 685 the departmentcommissionshall include in its energy emergency 686 contingency plan and provide to the Florida Building Commission 687 for inclusion in the Florida Energy Efficiency Code for Building 688 Construction specific provisions to facilitate the use of cost 689 effective solar energy technologies as emergency remedial and 690 preventive measures for providing electric power, street 691 lighting, and water heating service in the event of electric 692 power outages. 693 (3) The departmentcommissionshall be responsible for the 694 administration of the Coastal Energy Impact Program provided for 695 and described in Pub. L. No. 94-370, 16 U.S.C. s. 1456a. 696 Section 16. Subsection (2) of section 377.803, Florida 697 Statutes, is amended to read: 698 377.803 Definitions.—As used in ss. 377.801-377.806, the 699 term: 700 (2) “Department”“Commission”means the Department of 701 Environmental ProtectionFlorida Energy and Climate Commission. 702 Section 17. Subsection (1), paragraph (f) of subsection 703 (2), and subsections (3) through (6) of section 377.804, Florida 704 Statutes, are amended to read: 705 377.804 Renewable Energy and Energy-Efficient Technologies 706 Grants Program.— 707 (1) The Renewable Energy and Energy-Efficient Technologies 708 Grants Program is established within the departmentcommission709 to provide renewable energy matching grants for demonstration, 710 commercialization, research, and development projects relating 711 to renewable energy technologies and innovative technologies 712 that significantly increase energy efficiency for vehicles and 713 commercial buildings. 714 (2) Matching grants for projects described in subsection 715 (1) may be made to any of the following: 716 (f) Other qualified persons, as determined by the 717 departmentcommission. 718 (3) The departmentcommissionmay adopt rules pursuant to 719 ss. 120.536(1) and 120.54 to provide for application 720 requirements, provide for ranking of applications, and 721 administer the awarding of grants under this program. 722 (4) Factors the departmentcommissionshall consider in 723 awarding grants include, but are not limited to: 724 (a) The availability of matching funds or other in-kind 725 contributions applied to the total project from an applicant. 726 The departmentcommissionshall give greater preference to 727 projects that provide such matching funds or other in-kind 728 contributions. 729 (b) The degree to which the project stimulates in-state 730 capital investment and economic development in metropolitan and 731 rural areas, including the creation of jobs and the future 732 development of a commercial market for renewable energy 733 technologies. 734 (c) The extent to which the proposed project has been 735 demonstrated to be technically feasible based on pilot project 736 demonstrations, laboratory testing, scientific modeling, or 737 engineering or chemical theory that supports the proposal. 738 (d) The degree to which the project incorporates an 739 innovative new technology or an innovative application of an 740 existing technology. 741 (e) The degree to which a project generates thermal, 742 mechanical, or electrical energy by means of a renewable energy 743 resource that has substantial long-term production potential. 744 (f) The degree to which a project demonstrates efficient 745 use of energy and material resources. 746 (g) The degree to which the project fosters overall 747 understanding and appreciation of renewable energy technologies. 748 (h) The ability to administer a complete project. 749 (i) Project duration and timeline for expenditures. 750 (j) The geographic area in which the project is to be 751 conducted in relation to other projects. 752 (k) The degree of public visibility and interaction. 753 (5) The departmentcommissionshall solicit the expertise 754 of state agencies, Enterprise Florida, Inc., and state 755 universities, and may solicit the expertise of other public and 756 private entities it deems appropriate, in evaluating project 757 proposals. State agencies shall cooperate with the department 758commissionand provide such assistance as requested. 759 (6) The departmentcommissionshall coordinate and actively 760 consult with the Department of Agriculture and Consumer Services 761 during the review and approval process of grants relating to 762 bioenergy projects for renewable energy technology. Factors for 763 consideration in awarding grants may include, but are not 764 limited to, the degree to which: 765 (a) The project stimulates in-state capital investment and 766 economic development in metropolitan and rural areas, including 767 the creation of jobs and the future development of a commercial 768 market for bioenergy. 769 (b) The project produces bioenergy from Florida-grown crops 770 or biomass. 771 (c) The project demonstrates efficient use of energy and 772 material resources. 773 (d) The project fosters overall understanding and 774 appreciation of bioenergy technologies. 775 (e) Matching funds and in-kind contributions from an 776 applicant are available. 777 (f) The project duration and the timeline for expenditures 778 are acceptable. 779 (g) The project has a reasonable assurance of enhancing the 780 value of agricultural products or will expand agribusiness in 781 the state. 782 (h) Preliminary market and feasibility research has been 783 conducted by the applicant or others and shows there is a 784 reasonable assurance of a potential market. 785 Section 18. Subsections (1), (6), and (7) of section 786 377.806, Florida Statutes, are amended to read: 787 377.806 Solar Energy System Incentives Program.— 788 (1) PURPOSE.—The Solar Energy System Incentives Program is 789 established within the departmentcommissionto provide 790 financial incentives for the purchase and installation of solar 791 energy systems. Any resident of the state who purchases and 792 installs a new solar energy system of 2 kilowatts or larger for 793 a solar photovoltaic system, a solar energy system that provides 794 at least 50 percent of a building’s hot water consumption for a 795 solar thermal system, or a solar thermal pool heater, from July 796 1, 2006, through June 30, 2010, is eligible for a rebate on a 797 portion of the purchase price of that solar energy system. 798 (6) REBATE AVAILABILITY.—The departmentcommissionshall 799 determine and publish on a regular basis the amount of rebate 800 funds remaining in each fiscal year. The total dollar amount of 801 all rebates issued is subject to the total amount of 802 appropriations in any fiscal year for this program. If funds are 803 insufficient during the current fiscal year, any requests for 804 rebates received during that fiscal year may be processed during 805 the following fiscal year. Requests for rebates received in a 806 fiscal year that are processed during the following fiscal year 807 shall be given priority over requests for rebates received 808 during the following fiscal year. 809 (7) RULES.—The departmentcommissionshall adopt rules 810 pursuant to ss. 120.536(1) and 120.54 to develop rebate 811 applications and administer the issuance of rebates. 812 Section 19. Section 377.807, Florida Statutes, is amended 813 to read: 814 377.807 Energy-efficient appliance rebate program.— 815 (1) The Department of Environmental Protection mayFlorida816Energy and Climate Commissionis authorized todevelop and 817 administer a consumer rebate program for residential energy 818 efficient appliances, consistent with 42 U.S.C. s. 15821 and any 819 federal agency guidance or regulations issued in furtherance of 820 federal law. 821 (2) The departmentcommissionmay adopt rules pursuant to 822 ss. 120.536(1) and 120.54 designating eligible appliances, 823 rebate amounts, and the administration of the issuance of 824 rebates. The rules shall be consistent with 42 U.S.C. s. 15821 825 and any subsequent implementing federal regulations or guidance. 826 (3) The department maycommissionis authorized toenter 827 into contracts or memoranda of agreement with other agencies of 828 the state, public-private partnerships, or other arrangements 829 such that the most efficient means of administering consumer 830 rebates can be achieved. 831 Section 20. Subsections (2) through (5) of section 377.808, 832 Florida Statutes, are amended to read: 833 377.808 Florida Green Government Grants Act.— 834 (2) The Department of Environmental ProtectionFlorida835Energy and Climate Commissionshall use funds specifically 836 appropriated to award grants under this section to assist local 837 governments, including municipalities, counties, and school 838 districts, in the development and implementation of programs 839 that achieve green standards. Green standards shall be 840 determined by the departmentcommissionand shall provide for 841 cost-efficient solutions, reducing greenhouse gas emissions, 842 improving quality of life, and strengthening the state’s 843 economy. 844 (3) The departmentcommissionshall adopt rules pursuant to 845 chapter 120 to administer the grants provided for in this 846 section. In accordance with the rules adopted by the department 847commissionunder this section, the departmentcommissionmay 848 provide grants from funds specifically appropriated for this 849 purpose to local governments for the costs of achieving green 850 standards, including necessary administrative expenses. The 851 rules of the departmentcommissionshall: 852 (a) Designate one or more suitable green government 853 standards frameworks from which local governments may develop a 854 greening government initiative and from which projects may be 855 eligible for funding pursuant to this section. 856 (b) Require that projects that plan, design, construct, 857 upgrade, or replace facilities reduce greenhouse gas emissions 858 and be cost-effective, environmentally sound, permittable, and 859 implementable. 860 (c) Require local governments to match state funds with 861 direct project cost sharing or in-kind services. 862 (d) Provide for a scale of matching requirements for local 863 governments on the basis of population in order to assist rural 864 and undeveloped areas of the state with any financial burden of 865 addressing climate change impacts. 866 (e) Require grant applications to be submitted on 867 appropriate forms developed and adopted by the department 868commissionwith appropriate supporting documentation and require 869 records to be maintained. 870 (f) Establish a system to determine the relative priority 871 of grant applications. The system shall consider greenhouse gas 872 reductions, energy savings and efficiencies, and proven 873 technologies. 874 (g) Establish requirements for competitive procurement of 875 engineering and construction services, materials, and equipment. 876 (h) Provide for termination of grants when program 877 requirements are not met. 878 (4) Each local government is limited to not more than two 879 grant applications during each application period announced by 880 the departmentcommission. However, a local government may not 881 have more than three active projects expending grant funds 882 during any state fiscal year. 883 (5) The departmentcommissionshall perform an adequate 884 overview of each grant, which may include technical review, site 885 inspections, disbursement approvals, and auditing to 886 successfully implement this section. 887 Section 21. Subsection (1) of section 377.809, Florida 888 Statutes, is amended to read: 889 377.809 Energy Economic Zone Pilot Program.— 890 (1) The Department of Community Affairs, in consultation 891 with the Department of Transportation, shall implement an Energy 892 Economic Zone Pilot Program for the purpose of developing a 893 model to help communities cultivate green economic development, 894 encourage renewable electric energy generation, manufacture 895 products that contribute to energy conservation and green jobs, 896 and further implement chapter 2008-191, Laws of Florida, 897 relative to discouraging sprawl and developing energy-efficient 898 land use patterns and greenhouse gas reduction strategies. The 899 Office of Tourism, Trade, and Economic Development and the 900 Department of Environmental ProtectionFlorida Energy and901Climate Commissionshall provide technical assistance to the 902 departments in developing and administering the program. 903 Section 22. Subsections (3) and (6) of section 403.44, 904 Florida Statutes, are amended to read: 905 403.44 Florida Climate Protection Act.— 906 (3) The department may adopt rules for a cap-and-trade 907 regulatory program to reduce greenhouse gas emissions from major 908 emitters. When developing the rules, the department shall 909 consult with theFlorida Energy and Climate Commission and the910 Florida Public Service Commission and may consult with the 911 Governor’s Action Team for Energy and Climate Change. The 912 department shall not adopt rules until after January 1, 2010. 913 The rules shall not become effective until ratified by the 914 Legislature. 915 (6) Recognizing that the international, national, and 916 neighboring state policies and the science of climate change 917 will evolve,prior to submitting the proposed rules to the918Legislature for consideration,the department shall submit the 919 proposed rules and a report tothe Florida Energy and Climate920Commission, which shall review the proposed rules and submit a921report tothe Governor, the President of the Senate, and the 922 Speaker of the House of Representatives, and the department. The 923 report shall address: 924 (a) The overall cost-effectiveness of the proposed cap-and 925 trade system in combination with other policies and measures in 926 meeting statewide targets. 927 (b) The administrative burden to the state of implementing, 928 monitoring, and enforcing the program. 929 (c) The administrative burden on entities covered under the 930 cap. 931 (d) The impacts on electricity prices for consumers. 932 (e) The specific benefits to the state’s economy for early 933 adoption of a cap-and-trade system for greenhouse gases in the 934 context of federal climate change legislation and the 935 development of new international compacts. 936 (f) The specific benefits to the state’s economy associated 937 with the creation and sale of emissions offsets from economic 938 sectors outside of the emissions cap. 939 (g) The potential effects on leakage if economic activity 940 relocates out of the state. 941 (h) The effectiveness of the combination of measures in 942 meeting identified targets. 943 (i) The economic implications for near-term periods of 944 short-term and long-term targets specified in the overall 945 policy. 946 (j) The overall costs and benefits of a cap-and-trade 947 system to the economy of the state. 948 (k) The impacts on low-income consumers that result from 949 energy price increases. 950 (l) The consistency of the program with other state and 951 possible federal efforts. 952 (m) The evaluation of the conditions under which the state 953 should consider linking its trading system to the systems of 954 other states or other countries and how that might be affected 955 by the potential inclusion in the rule of a safety valve. 956 (n) The timing and changes in the external environment, 957 such as proposals by other states or implementation of a federal 958 program that would spur reevaluation of the Florida program. 959 (o) The conditions and options for eliminating the Florida 960 program if a federal program were to supplant it. 961 (p) The need for a regular reevaluation of the progress of 962 other emitting regions of the country and of the world, and 963 whether other regions are abating emissions in a commensurate 964 manner. 965 (q) The desirability of and possibilities of broadening the 966 scope of the state’s cap-and-trade system at a later date to 967 include more emitting activities as well as sinks in Florida, 968 the conditions that would need to be met to do so, and how the 969 program would encourage these conditions to be met, including 970 developing monitoring and measuring techniques for land use 971 emissions and sinks, regulating sources upstream, and other 972 considerations. 973 Section 23. Section 526.207, Florida Statutes, is amended 974 to read: 975 526.207 Studies and reports.— 976 (1) The Department of Environmental ProtectionFlorida977Energy and Climate Commissionshall conduct a study to evaluate 978 and recommend the life-cycle greenhouse gas emissions associated 979 with all renewable fuels, including, but not limited to, 980 biodiesel, renewable diesel, biobutanol, and ethanol derived 981 from any source. In addition, the departmentcommissionshall 982 evaluate and recommend a requirement that all renewable fuels 983 introduced into commerce in the state, as a result of the 984 renewable fuel standard, shall reduce the life-cycle greenhouse 985 gas emissions by an average percentage. The department 986commissionmay also evaluate and recommend any benefits 987 associated with the creation, banking, transfer, and sale of 988 credits among fuel refiners, blenders, and importers. 989 (2) The Department of Environmental ProtectionFlorida990Energy and Climate Commissionshall submit a report containing 991 specific recommendations to the President of the Senate and the 992 Speaker of the House of Representatives no later than December 993 31, 2010. 994 Section 24. Subsections (5), (11), (12), and (13) of 995 section 1004.648, Florida Statutes, are amended to read: 996 1004.648 Florida Energy Systems Consortium.— 997 (5) The director, whose office isshall belocated at the 998 University of Florida, shall report to the Department of 999 Environmental ProtectionFlorida Energy and Climate Commission1000created pursuant to s.377.6015. 1001 (11) The oversight board, in consultation with the 1002 Department of Environmental ProtectionFlorida Energy and1003Climate Commission, shall ensure that the consortium: 1004 (a) Maintains accurate records of any funds received by the 1005 consortium. 1006 (b) Meets financial and technical performance expectations, 1007 which may include external technical reviews as required. 1008 (12) The steering committee shall consist of the university 1009 representatives included in the Centers of Excellence proposals 1010 for the Florida Energy Systems Consortium and the Center of 1011 Excellence in Ocean Energy Technology-Phase II which were 1012 reviewed during the 2007-2008 fiscal year by the Florida 1013 Technology, Research, and Scholarship Board created in s. 1014 1004.226(4); a university representative appointed by the 1015 President of Florida International University; and the 1016 Department of Environmental ProtectionFlorida Energy and1017Climate Commission. The steering committee isshall be1018 responsible for establishing and ensuring the success of the 1019 consortium’s mission under subsection (9). 1020 (13) By November 1 of each year, the consortium shall 1021 submit an annual report to the Governor, the President of the 1022 Senate, the Speaker of the House of Representatives, and the 1023 Department of Environmental ProtectionFlorida Energy and1024Climate Commissionregarding its activities, including, but not 1025 limited to, education and research related to, and the 1026 development and deployment of, alternative energy technologies. 1027 Section 25. Sections 1 and 2 of chapter 2010-282, Laws of 1028 Florida, are amended to read: 1029 Section 1. (1) As provided in this section and section 2, a 1030 portion of the total amount appropriated in this act shall be 1031 usedutilizedby the Department of Environmental Protection 1032Florida Energy and Climate Commissionto pay rebates to eligible 1033 applicants who submit an application pursuant to the Florida 1034 ENERGY STAR Residential HVAC Rebate Program administered by the 1035 commission, as approved by the United States Department of 1036 Energy. An applicant is eligible for a rebate under this section 1037 if: 1038 (a) A complete application is submitted to the department 1039commissionon or before November 30, 2010. 1040 (b) The central air conditioner, air source heat pump, or 1041 geothermal heat pump system replacement for which the applicant 1042 is seeking a rebate was purchased from or contracted for 1043 purchase with a Florida-licensed contractor after August 29, 1044 2010, but before September 15, 2010, and fully installed prior 1045 to submission of the application for a rebate. 1046 (c) The departmentcommissiondetermines that the 1047 application complies with this section and any existing 1048 agreement with the United States Department of Energy governing 1049 the Florida ENERGY STAR Residential HVAC Rebate Program. 1050 (d) The applicant provides the following information to the 1051 commission on or before November 30, 2010: 1052 1.a. A copy of the sales receipt indicating a date of 1053 purchase after August 29, 2010, but before September 15, 2010, 1054 with the make and model number identified and circled along with 1055 the name and address of the Florida-licensed contractor who 1056 installed the system; or 1057 b. A copy of the contract for the purchase and installation 1058 of the system indicating a contract date after August 29, 2010, 1059 but before September 15, 2010, and a copy of the sales receipt 1060 indicating a date of purchase after August 29, 2010, but on or 1061 before November 30, 2010, with the make and model number 1062 identified and circled along with the name and address of the 1063 Florida-licensed contractor who installed the system. 1064 2. A copy of the mechanical building permit issued by the 1065 county or municipality and pulled by the Florida-licensed 1066 contractor who installed the system for the residence. 1067 3. A copy of the Air Distribution System Test Report 1068 results from a Florida-certified Class 1 energy gauge rater, a 1069 Florida-licensed mechanical contractor, or a recognized test and 1070 balance agent. The results from the test must indicate the home 1071 has no more than 15 percent leakage to the outside as measured 1072 by 0.10 Qn.out or less. 1073 4. A copy of the summary of the Manual J program completed 1074 for the residence to indicate that the proper methodology for 1075 sizing the new system was completed. 1076 (2) The Department of Environmental ProtectionFlorida1077Energy and Climate Commissionshall pay a $1,500 rebate to each 1078 consumer who submits an application pursuant to the Florida 1079 ENERGY STAR Residential HVAC Rebate Program if the application 1080 is approved by the commission in accordance with this act. The 1081 departmentcommissionshall pay all rebates authorized in this 1082 section prior to paying any rebates authorized in section 2. 1083 Section 2. Notwithstanding s. 377.806(6), Florida Statutes, 1084 the Department of Environmental ProtectionFlorida Energy and1085Climate Commissionshall utilize up to $28,902,623, less any 1086 amount in excess of $2,467,244 used to pay rebates pursuant to 1087 section 1, to pay a percentage of each unpaid and approved 1088 rebate application submitted pursuant to the Solar Energy System 1089 Incentives Program established in s. 377.806, Florida Statutes. 1090 An applicant is eligible for a rebate under this section if the 1091 application submitted complies with s. 377.806, Florida 1092 Statutes. The percentage of each approved rebate to be paid 1093 shall be derived by dividing the remaining appropriation by the 1094 total dollar value of the backlog of final approved solar 1095 rebates, pursuant to the authorized limits provided in s. 1096 377.806, Florida Statutes. 1097 Section 26. All records, personnel, and property; 1098 unexpended balances of appropriations, allocations, and other 1099 funds; administrative authority; administrative rules; pending 1100 issues; and existing contracts of the Florida Energy and Climate 1101 Commission are transferred by a type two transfer, pursuant to 1102 s. 20.06(2), Florida Statutes, to the Department of 1103 Environmental Protection. 1104 Section 27. This act shall take effect July 1, 2011.