The purpose of this new rule is to provide guidance to interested taxpayers for the application process, review, and administration of the Natural Gas Fuel Fleet Vehicle Rebate.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Office of Energy

RULE NO.:RULE TITLE:

5O-4.001Natural Gas Fuel Fleet Vehicle Rebate

PURPOSE AND EFFECT: The purpose of this new rule is to provide guidance to interested taxpayers for the application process, review, and administration of the Natural Gas Fuel Fleet Vehicle Rebate.

SUMMARY: The proposed rule will provide guidance for the application process, review, and administration of the Natural Gas Fuel Fleet Vehicle Rebate.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 377.810, 570.07(23) FS.

LAW IMPLEMENTED: 377.810 FS.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Matthew Arsenault, 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399-0001 or telephone: [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5O-4.001 Natural Gas Fuel Fleet Vehicle Rebate.

(1) This rule applies to any applicant seeking a rebate under the Natural Gas Fuel Fleet Vehicle Rebate program for the cost of conversion or the incremental cost incurred by an applicant in connection with the conversion, purchase, or lease for a minimum term of 5 years, of a natural gas fleet vehicle placed into service on or after July 1, 2013. Pursuant to Section 377.810(3), F.S., an applicant is eligible to receive a maximum rebate of $25,000 per purchased/leased or converted vehicle, not to exceed 50 percent of eligible costs. Each applicant may receive up to a total of $250,000 per fiscal year on a first come, first serve basis.

(a) “Placed into service” means when a vehicle is purchased, leased, or converted.

(b) "Natural gas fuel" means any liquefied petroleum gas product, compressed natural gas product, or combination thereof used in a motor vehicle as defined in Section 206.01(23), F.S. This term includes, but is not limited to, all forms of fuel commonly or commercially known or sold as natural gasoline, butane gas, propane gas, or any other form of liquefied petroleum gas, compressed natural gas, or liquefied natural gas. This term does not include natural gas or liquefied petroleum placed in a separate tank of a motor vehicle for cooking, heating, water heating, or electric generation.

(2) An applicant seeking a Natural Gas Fuel Fleet Vehicle Rebate must apply to the Department of Agriculture and Consumer Services, Office of Energy (Department) as follows:

(a) Applicants must submit a completed Natural Gas Fuel Fleet Vehicle Rebate Application, FDACS-01976, Rev. 10/13, for each vehicle purchase/lease or conversion by certified mail or hand delivery to the Natural Gas Fuel Fleet Vehicle Rebate, 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399-0001, by 5:00 P.M. Eastern Standard Time on June 30 of each year that funding is available.

(b) Applications will be accepted according to the following schedule:

1. During the first year of the program (July 1, 2013 to June 30, 2014) applications will be accepted beginning at 8:00 A.M. Eastern Standard Time on January 7, 2014;

2. During the second year of the program (July 1, 2014 to June 30, 2015) applications will be accepted beginning at 8:00 A.M. Eastern Standard Time on July 1, 2014;

3. During the third year of the program (July 1, 2015 to June 30, 2016) applications will be accepted beginning at 8:00 A.M. Eastern Standard Time on July 1, 2015;

4. During the fourth year of the program (July 1, 2016 to June 30, 2017) applications will be accepted beginning at 8:00 A.M. Eastern Standard Time on July 1, 2016; and

5. During the fifth year of the program (July 1, 2017 to June 30, 2018) applications will be accepted beginning on July 3, 2017.

(c) Applications must include the information required by the Natural Gas Fuel Fleet Vehicle Rebate Application, FDACS-01976, Rev. 10/13.

(d) Applications must include an itemized list of supporting documentation to include:

1. A legible photocopy of the purchased/leased or converted vehicle’s valid and current registration;

2. The Vehicle Identification Number (VIN) of the purchased/leased or converted vehicle;

3. For converted vehicles, a clear and legible photograph of the Vehicle Identification Number (VIN) from the vehicle;

4. For converted vehicles, a clear photograph of each purchased/leased or converted vehicle;

5. For converted vehicles, a clear photograph of the natural gas fuel tank installed on the vehicle;

6. A copy of the Environmental Protection Agency Certificate of Conformity with the Clean Air Act of 1990 that corresponds with the vehicle or conversion kit;

7. In the case of a vehicle purchase or lease, documentation of the cost of the equivalent diesel- or gasoline vehicle; and

8. In the case of a conversion of a taxi, a copy of a valid and current weights and measures permit pursuant to Section 531.60, F.S.

(e) Applications must document investment in a natural gas fuel fleet by including both an invoice and corresponding proof of purchase for all vehicle purchases/leases or conversions for which the applicant is seeking a Natural Gas Fuel Fleet Vehicle Rebate. An explanation can be included concerning price and proofs of payment if multiple vehicles are purchased/leased or converted.

1. Acceptable forms of proof of purchase are:

a. A canceled check;

b. A copy of an electronic funds transfer showing the purchase amount and to whom the payment is going;

c. A screenshot of bank account reflecting the transaction (with unrelated information redacted) showing the purchase amount and to whom the payment is going;

d. A signed lease contract; or

e. A credit card statement.

2. A valid proof of purchase must contain at least:

a. The price of the purchased/leased vehicle or vehicle conversion;

b. The date of vehicle purchase/lease or conversion;

c. The name, address, and phone number of the seller from which the vehicle was purchased/leased or the company that completed the vehicle conversion; and

d. A description of the purchased/leased vehicle or conversion work performed.

(f) Copies of documentation in place of originals will be accepted; however, if the Department determines the application or supporting documentation is illegible, the application will be determined incomplete.

(g) Each applicant shall complete the sworn statement, included as part of the application form, affirming; that the natural gas fuel fleet vehicle(s) eligible for the rebate are in compliance with applicable United States Environmental Protection Agency emission standards.

(h) Each applicant shall complete the sworn statement, included as part of the application form, affirming: that the information contained in the application and supporting documentation is true and correct; that vehicle purchase/lease or conversion for which the applicant is seeking a Natural Gas Fuel Fleet Vehicle Rebate have not previously received a Natural Gas Fuel Fleet Vehicle Rebate; and that the requirements of Section 377.810, F.S., and this rule have been met.

(3) Only owners or lessees of fleet vehicles placed into service on or after July 1, 2013 shall be eligible for a rebate. As defined in Section 377.810(2)(d), F.S., “fleet vehicles” means three or more motor vehicles registered in this state and used for commercial business or governmental purposes.

(4) In addition, applicants must submit with the completed application a description of the conversion or purchased vehicle’s economic impact in Florida, which must include but is not limited to:

(a) The total projected dollar value of investment in alternative fuels as a result of the project that is eligible for a Natural Gas Fuel Fleet Vehicle Rebate;

(b) The projected amount of gasoline or diesel saved as a result of the vehicle purchase/lease or conversion; and

(c) The projected amount of money saved as a result of the vehicle purchase/lease or conversion.

(d) If requested by the Department at a later date, additional economic data consisting of actual gasoline/diesel and money saved shall be provided by the applicant.

(5) Applications will be reviewed on a first-come, first-served basis, based upon the date and time complete applications are received by the Department.

(6) Within 60 days of receipt of an application, the Department will evaluate the application to verify that the applicant has met the qualifying statutory and rule criteria. If the Department determines that the applicant is eligible for rebate, the Department will retain the original application and issue a written notification that the application is complete. The Department shall issue each rebate after it is determined that all required information has been provided to make that application complete and after that application has been reviewed and approved, provided funds are available to do so.

(7) If the Department determines that the application is incomplete or ineligible, the Department will issue a written notification to the applicant that the application was determined to be incomplete or ineligible and will include a description of the application’s deficiencies. If the Department determines that an application is incomplete, the applicant will be allowed to submit a corrected application. The corrected application will be treated as a new application and reviewed in the order that it is received.

(8) The Department is responsible for ensuring that the total amount of rebates issued does not exceed the limits specified in Section 377.810, F.S. Once an application is determined eligible for a rebate, the approved amount will be applied to the fiscal year in which the application is received by the Department.

(9) The Department reserves the right to verify in person any information included with any application. If the Department intends to verify application information in person, written notification of this intent will be provided to the applicant.

(10) The Department reserves the right to request information from an applicant before a determination is made as to the status of their rebate application. If this information is not provided by the applicant, the application shall be deemed incomplete.

(11) Applications received after funding has been exhausted will be returned to applicant with a notice that funding has been exhausted for that program year. Applicants will be notified if their application appeared to be complete or incomplete.

(12) Materials Incorporated by Reference. The Natural Gas Fuel Fleet Vehicle Rebate Application, Form FDACS-01976, Rev. 10/13, is hereby adopted and incorporated by reference. The form may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Office of Energy, at 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399-0001, or emailing [e-mail], and is available online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

PROPOSED EFFECTIVE DATE: January 7, 2014.

Rulemaking Authority 377.810(5) FS. Law Implemented 377.810 FS. History–New________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Patrick Sheehan, Executive Director of the Office of Energy

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 9, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 2, 2013