The purpose of this 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 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 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 (SERC) AND LEGISLATIVE RATIFICATION: The Agency has determined that this rule 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. Taxpayers 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 provided statements or submitted additional information regarding the economic impact for this program.

Any person who wishes to provide information regarding the statement of estimated regulatory costs or to 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 FLORIDA ADMINISTRATIVE REGISTER.

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, 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 shall complete a must submit a completed Natural Gas Fuel Fleet Vehicle Rebate Application, FDACS-01976, Rev. 10/13, for each vehicle purchase, lease, 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 shall be submitted by certified mail or hand delivery to the Natural Gas Fuel Fleet Vehicle Rebate, 600 South Calhoun Street, Suite 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. 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 line at the time that they are received.

(c)(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 9:00 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 9:00 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 9:00 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 at 9:00 a.m. Eastern Standard Time on July 3, 2017.

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

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

1. A legible photocopy of the purchased, leased, 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, 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 the 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’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. vehicle or conversion kit;

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

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.

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

2.1. Acceptable forms of proof of payment include purchase are:

a. A canceled check with proof of deposit;

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

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

d. A signed and executed lease contract; or

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.

3.2. The A valid proof of payment purchase must contain at least:

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

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

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

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

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 clear indication that the vehicles represented on the invoice are natural gas powered vehicles.

(g)(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.

(h)(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.

(i)(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) through (5) No change.

(6) The 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 submit each application to the Florida Department of Financial Services for issuance of payment 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) through (9) No change.

(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. Applicants will be notified if their application appeared to be complete or incomplete.

(11) No change.

PROPOSED EFFECTIVE DATE: July 1, 2014

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

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Patrick Sheehan, 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: April 10, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 11, 2014

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