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

SUMMARY: The proposed rule revises the existing rule which describes the application process and the Department’s review and administrative process for the Natural Gas Fuel Fleet Vehicle Rebate program.

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.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. The Natural Gas Fuel Fleet Vehicle Rebate is a voluntary program. Applicants may elect to participate in this program to take advantage of rebates associated with the purchase, lease, or conversion of a qualifying natural gas vehicle. Additionally, no interested party submitted additional information regarding the economic impact for this program.

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.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Natasha Gonder, 600 South Calhoun Street, Suite B04, Tallahassee, Florida 32399-0001 or telephone: [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5O-4.001 Natural Gas Fuel Fleet Vehicle Rebate Program.

(1) Natural Gas Fuel Fleet Vehicle Rebate Program. Pursuant to Section 377.810, F.S., This 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. An applicant may receive a maximum rebate of $25,000 per purchased, leased, or converted vehicle, not to exceed 50 percent of eligible costs for a maximum total of $250,000 per fiscal year on a first come, first serve basis. Only owners or lessees of fleet vehicles placed into service on or after July, 1, 2013 shall be eligible for a rebate. 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.

(2) Definitions. For the purpose of this rule, the term:

(a) “Placed into service” is the date 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.

(c) “Initial funding” is funding available to applicants that have not received the program maximum of $250,000 within the fiscal year for which the applicant is seeking a rebate.

(d) “Supplemental funding” is funding available to applicants that have received the program maximum of $250,000 within the fiscal year for which the applicant is seeking a rebate and is applying for additional rebate(s) within the same fiscal year.

(e) “Conversion” is a diesel or gasoline powered motor vehicle that was retrofitted to a natural gas fuel powered motor vehicle after the vehicle was purchased.

(f) “Purchase” is the acquisition of a natural gas fuel powered motor vehicle, new or used, through the owner’s existing funds or credit. This includes a diesel or gasoline powered motor vehicle that was retrofitted to a natural gas fuel powered motor vehicle as part of the purchase price.

(g) “Lease” is a contractual agreement requiring payment for the use of a natural gas fuel powered motor vehicle not owned by the applicant for a minimum period of five years.

(h) “Certified mail” is the service provided by the United States Postal Service whereby the sender is provided with a mailing receipt and delivery record.

(i) “Hand delivery” is any submission of an application or applications to the Department from a representative of an applicant, courier, or a private delivery service.

(3) Application Submission Process. (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 shall complete and submit a Natural Gas Fuel Fleet Vehicle Rebate Application, FDACS-01976, Rev. XX/XX10/13, for each vehicle purchase, lease, or conversion.

(b) Applications shall be submitted by certified mail or hand delivery to the Natural Gas Fuel Fleet Vehicle Rebate, 600 South Calhoun Street, Suite B04 251, Tallahassee, Florida 32399-0001. Applications must be received by the Department by 5:00 p.m. (Eastern Standard Time) on June 30 of each year that funding is available.

1. Certified mail means the service provided by the United States Postal Service whereby the sender is provided with a mailing receipt and delivery record.

2. Hand delivery means any submission of an application or applications to the Department from a representative of an applicant, courier, or a private delivery service.

(c) If there is a physical first-come, first-served line, applications delivered by couriers and private delivery services will be signed for by the Department and then given a place at the end of that in line at the time that they are received.

(4) Initial Funding Application Cycle.

(a)(c) Initial funding Applications 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 9:00 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 9:00 a.m. (Eastern Standard Time) on July 1, 2015;

1.4. During Fiscal Year 2016-17 the fourth year of the program (July 1, 2016 to June 30, 2017) applications will be accepted beginning at 9:00 a.m. (Eastern Standard Time) on July 1, 2016. Applications must be received by the Department no later than 5:00 p.m. (Eastern Standard Time) on June 30, 2017. Applications received after the due date of June 30, 2017 will be determined ineligible and returned without review; and,

2.5. During Fiscal Year 2017-18 the fifth year of the program (July 1, 2017 to June 30, 2018) applications will be accepted beginning at 9:00 a.m. (Eastern Standard Time) on July 3, 2017. Applications must be received by the Department no later than 5:00 p.m. (Eastern Standard Time) on July 2, 2018. Applications received after the due date of July 2, 2018 will be determined ineligible and returned without review.

(5) Supplemental Funding Application Cycle.

(a) Supplemental funding applications will be accepted according to the following schedule:

1. During Fiscal Year 2016-17 (July 1, 2016 to June 30, 2017) applications will be accepted beginning at 9:00 a.m. (Eastern Standard Time) on June 1, 2016 and must be received by the Department no later than 5:00 p.m. (Eastern Standard Time) on June 30, 2017. Applications received after the due date of June 30, 2017 will be determined ineligible and returned without review; and,

2. During Fiscal Year 2017-18 (July 1, 2017 to July 2, 2018) applications will be accepted beginning at 9:00 a.m. (Eastern Standard Time) on June 1, 2017 and must be received by the Department no later than 5:00 p.m. (Eastern Standard Time) on July 2, 2018. Applications received after the due date of July 2, 2018 will be determined ineligible and returned without review.

(6) Applications and Supporting Documentation. (d) Applications must include the information required by the Natural Gas Fuel Fleet Vehicle Rebate Application, FDACS-01976, Rev. XX/XX 10/13.

(a) Applicants must select the type of funding, either initial funding or supplemental funding, for each vehicle for which the applicant is seeking a rebate. Applications that do not indicate the type of funding will be determined incomplete.

(b) All fields and sections on the application must be complete. If for any reason the information required is not applicable, the applicant must note in the specified field either “not applicable” or “n/a”. Applications that are not fully completed or do not include the required information, including black fields, will be determined incomplete.

(c) Applicants must complete the affidavit section required by the Natural Gas Fuel Fleet Vehicle Rebate Application, FDACS-01976, Rev. XX/XX, including an ink stamp or embossing seal of the Notary Public notarizing the application.

(d)(e) Applications must include an itemized list of the following supporting documentation:

1. A legible photocopy of the purchased, leased, or converted vehicle’s valid and current (as of the date the application is received by the Department) registration. Applications for vehicles proportionally registered in Florida must also provide a letter signed by an authorized corporate officer that includes an affirmation that a majority of the vehicle’s operation will take place in Florida, as well as a description of the location(s) of the facilities where the vehicles are primarily headquartered, fueled, and maintained.

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

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

3.4. For converted vehicles, a clear photograph of the converted vehicle.

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

5.6. A copy of the United States Environmental Protection Agency Certificate of Conformity with the Clean Air Act of 1990 that corresponds with the vehicle’s engine or installed conversion kit, or documentation that the installed conversion system is an Environmental Protection Agency Certified Alternative Fuel Conversion System, Intermediate Age Clean Alternative Fuel Conversion System, or Outside Useful Life Clean Alternative Fuel Conversion System.

6.7. For a vehicle purchase or lease, documentation of the cost of the equivalent diesel or gasoline vehicle, or an itemized invoice documenting the cost for the natural gas components.

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

(e)(f) Applications must document investment in a natural gas fuel fleet by including both an invoice and corresponding proof of payment for all vehicle purchases, leases, or conversions for which the applicant is seeking a Natural Gas Fuel Fleet Vehicle Rebate. An explanation shall be included if the amount provided on the invoice and corresponding proof of payment do not match concerning price and proofs of payment if multiple vehicles are purchased, leased, or converted with the same payment.

1. Proofs of payment shall redact instances of bank account and credit card numbers (except the last 4 digits) and all financial information not pertaining to the purchase, lease or conversion of the vehicle represented on the application.

2. Acceptable forms of proof of payment include:

a. A canceled check with proof of deposit;

b. A copy of an electronic funds transfer from a financial institution including the purchase amount and to whom the payment is being made;

c. A bank statement or a screenshot of an online bank statement reflecting the transaction (with unrelated information redacted) showing the purchase amount and to whom the payment is being made;

d. A signed and executed lease contract;

e. A credit card statement reflecting the transaction showing the cardholder’s name, address, the purchase amount, and to whom the payment is being made; or

f. A signed and executed promissory note or signed and executed auto loan.

3. The proof of payment must contain at least:

a. A payment amount of at least the price of the purchased or leased vehicle or vehicle conversion; and,

b. The name of the seller from which the vehicle was purchased or leased, or the company that completed the vehicle conversion; and,

4. The invoice must contain at least:

a. The name and address of the seller from whom the vehicle was purchased or leased, or the company that completed the vehicle conversion;

b. The price of the vehicle purchase, lease, or conversion;

c. The Vehicle Identification Number of the purchased, leased or converted vehicle represented on the application; and,

d. In the case of a vehicle purchase or lease, A a clear indication on the invoice that the vehicles represented on the invoice are natural gas fuel powered motor vehicles.

(f) The Vehicle Identification Number listed on any of the supporting documentation, invoice, proof of payment explanation, or photograph shall match the Vehicle Identification Number provided on the application.

(g) 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.

(h) 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.

(i) 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.

(h) The applicant shall complete a sworn statement for each vehicle which the applicant is seeking a rebate affirming the following;

1. The vehicle is in compliance with applicable Unites States Environmental Protection Agency emission standards;

2. The information contained in the application and supporting documentation is true and correct;

3. The vehicle purchase/lease or conversion has not previously received a Natural Gas Fuel Fleet Vehicle Rebate;

4. The vehicle is part of vehicle fleet with three or more motor vehicles registered in this state and used for commercial business or governmental purposes; and,

5. 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.

(i)(4) Economic Impact Data. In addition, applicants Applicants must complete the Economic Impact Data section required by the Natural Gas Fuel Fleet Rebate Application, FDACS-01976, Rev. XX/XX 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:

1. 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;

2. The projected amount of gasoline or diesel saved as a result of the vehicle purchase/lease or conversion; and,

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

4. 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.

(7)(5) Application Review and Approval Process. The Department will review applications as follows: Applications will be reviewed on a first-come, first-served basis, based upon the date and time complete applications are received by the Department.

(a)(6) 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.

(b)(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.

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

(d) In each fiscal year, after all initial funding applications have been reviewed; if funding is available, supplemental funding applications will be reviewed as follows:

1. Government supplemental funding applications shall be reviewed on a first-come, first-served basis, based upon the date and time applications are received by the Department.

2. If funding is available after all government supplemental funding applications are reviewed, commercial supplemental funding applications shall be reviewed on a first-come, first-served basis, until all appropriated funds for the fiscal year are expended.

(e)(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.

(f) The Department will not return original versions of reviewed applications, supporting documentation, invoices, or proof of payments.

(g) Applications received after funding has been exhausted will be returned without review to the applicant with a notice that funding has been exhausted for that program year.

(8)(9) On-site Inspection. Upon request of the Department, the applicant shall make the vehicles for which the applicant has applied for a rebate available for on-site inspection by the department to verify the VIN number, the conversion kit ID number, and other information contained in the Natural Gas Fuel Fleet Vehicle Rebate Application, Form FDACS-01976, Rev. XX/XX10/13, submitted by the applicant. 

(9) Registered Vendors. In order to receive a rebate, approved applicants must complete a Substitute W-9 and be registered vendor with MyFloridaMarketPlace.

(10) Applications received after funding has been exhausted will be returned to applicant with a notice that funding has been exhausted for that program year.

(10)(11) Materials Incorporated by Reference. The Natural Gas Fuel Fleet Vehicle Rebate Application, Form FDACS-01976, Rev. XX/XX 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 B04 251, Tallahassee, Florida 32399-0001, or emailing [e-mail], and is available online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-03448.

Rulemaking Authority 377.810(5) FS. Law Implemented 377.810 FS. History‒New 1-7-14, Amended 7-16-14, ____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kelley Smith Burk, Office of Energy Executive Director

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 2/9/2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 9/1/2016