SECOND REGULAR SESSION
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES HOLSMAN (Sponsor), HUMMEL, TALBOY, SIFTON, MORGAN AND HUGHES (Co-sponsors).
6127L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 640, RSMo, by adding thereto one new section relating to solar water heating systems.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 640, RSMo, is amended by adding thereto one new section, to be known as section 640.698, to read as follows:
640.698. 1. This section shall be known and may be cited as the "Solar Water Heating System Incentive Program", which shall provide financial incentives for the purchase and installation of solar water heating systems in private residences.
2. As used in this section, the following terms mean:
(1) "Homebuilder" or "homebuilders", a person, commercial firm, or company whose occupation is to build private residences;
(2) "Homeowner" or "homeowners", one who owns a private residence;
(3) "Private residence" or "private residences", the place in which a homeowner lives or resides.
3. Subject to appropriations from the general assembly, the department of natural resources shall provide an incentive to a homeowner or a homebuilder for the purchase and installation of a solar water heating system in a private residence.
4. A solar water heating system qualifies for an incentive under this section if:
(1) The homeowner or homebuilder provides proof-of-purchase of the solar water heating system;
(2) The homeowner or homebuilder provides proof that the solar water heating system was installed in conformity with the manufacturer's specifications and all applicable codes and standards;
(3) The solar water heating system's components are new and unused and have not previously been placed in service in any other location or for any other homeowner or homebuilder;
(4) The solar water heating system has a warranty of not less than two years to protect against defects and undue degradation;
(5) The solar water heating system has been installed in a private residence;
(6) The solar water heating system conforms to any other applicable requirements as determined by the department of natural resources.
5. To receive an incentive under this section, a homeowner or homebuilder shall apply to the department of natural resources. If the solar water heating system qualifies, the homeowner or homebuilder shall receive an incentive in the amount of five hundred dollars. One five hundred dollar incentive shall be allowed per homeowner per year, and three five hundred dollar incentives shall be allowed per homebuilder per year. Incentives under this subsection shall not exceed one hundred thousand dollars in any given year.
6. Incentives to qualifying homeowners or homebuilders shall be dispersed in January, March, May, July, and September, but no more than forty incentives shall be dispersed in each month provided in this subsection.
7. The department may promulgate rules to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2012, shall be invalid and void.
8. Under section 23.253 of the Missouri sunset act:
(1) The provisions of the new program authorized under this section shall automatically sunset six years after the effective date of this section unless reauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized under this section shall automatically sunset twelve years after the effective date of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.
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