The department proposes to create new Rule 62-285.421, F.A.C., Clean Diesel Rebate Program, to assist persons affected by previously adopted Rule 62-285.420, F.A.C., Heavy-Duty Vehicle Idling Reduction. The rule would establish a process for the ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-285.421: Clean Diesel Rebate Program
PURPOSE AND EFFECT: The department proposes to create new Rule 62-285.421, F.A.C., Clean Diesel Rebate Program, to assist persons affected by previously adopted Rule 62-285.420, F.A.C., Heavy-Duty Vehicle Idling Reduction. The rule would establish a process for the distribution of rebate funds to owners of qualifying Class 8 trucks who have purchased an auxiliary power unit in the year 2009 or later from funding initially provided by the Environmental Protection Agency’s State Clean Diesel Grant Program. A copy of the form to be proposed for applying for the rebate is available on the department’s website at www.dep.state.fl.us/air/rules/CleanDieselRebate.htm. Comments and recommendations on the rule or form may be provided at the October 14 workshop or submitted to Ms. Kelly Stevens at [phone], or [e-mail].
SUBJECT AREA TO BE ADDRESSED: Rebate funding process for idle-reduction equipment on heavy-duty diesel trucks.
SPECIFIC AUTHORITY: 403.061 FS.
LAW IMPLEMENTED: 403.031, 403.061 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: October 14, 2008, 10:00 a.m.
PLACE: Florida Department of Environmental Protection, Division of Air Resource Management, 111 South Magnolia Drive, Suite 23, Director’s Conference Room, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Ms. Lynn Scearce at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Ms. Kelly Stevens at [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

62-285.421 Clean Diesel Rebate Program.

(1) Rebates Available. The Department of Environmental Protection (Department) makes available Clean Diesel Rebates in an amount equal to $1,500 per qualifying vehicle for eligible applicants that equip their vehicles with auxiliary power units (APUs). Funding for the Clean Diesel Rebate program is limited and will be awarded on a first-come, first-served basis starting March 15, 2009, and continuing while rebate funds are still available. If more eligible applications than remaining funds can cover are postmarked on the same day, rebates will be awarded to such applicants, as funds allow, on the basis of earliest APU installation date. Availability of rebate funds may be checked online at: www.dep.state.fl.us/air/rules/CleanDieselRebate.htm.

(2) Eligibility.

(a) The eligible applicant for a Clean Diesel Rebate must be an individual or corporate owner of a qualifying vehicle.

(b) The APU must be purchased and professionally installed on the qualifying vehicle in 2009 or later.

(c) The total invoice price of the APU and installation less taxes must be greater than or equal to $1,500.

(d) The Department shall not award multiple rebates for a single qualifying vehicle or rebates for more than three separate qualifying vehicles to any one applicant.

(e) For the purposes of this rule:

1. A qualifying vehicle is a 2006 or older Florida-registered Class 8 on-road commercial diesel vehicle equipped with a sleeper berth and a 2006 or older vehicle engine.

2. A Class 8 vehicle means a vehicle with a manufacturer’s gross vehicle weight rating greater than 33,001 pounds.

3. An auxiliary power unit (APU) means:

a. A manufactured device that contains an engine certified under 40 CFR Part 89, as adopted and incorporated by reference at Rule 62-204.800, F.A.C., designed to eliminate the need for the vehicle’s main drive engine to supply cooling, heating and electrical power to the Class 8 diesel truck upon which it is installed; or

b. A manufactured device that contains a battery powered system designed to eliminate the need for the vehicle’s main drive engine to supply cooling, heating and electrical power to the Class 8 diesel truck upon which it is installed.

(3) Application.

(a) The applicant for a Clean Diesel Rebate must submit a completed Clean Diesel Rebate Application form (DEP Form 62-285.421(1), effective March 15, 2009, hereby adopted and incorporated by reference) to the Department after purchase and professional installation of the APU. The form is available from the Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, MS #5510, Tallahassee, FL 32399-2400, and on the internet at www.dep.state.fl.us/air/rules/CleanDieselRebate.htm.

(b) The applicant must also submit a photocopy of the Florida vehicle registration; a photocopy of the signed original APU purchase invoice showing installation date, equipment and labor cost, and payment received; and a photograph of the diesel vehicle and installed APU. Failure to provide all required information and supporting documentation, or submission of false or incorrect information, will result in a delay or denial of the rebate.

(c) The signed and dated original application form and the required supporting documentation must be mailed on or after March 15, 2009 to:

Department of Environmental Protection

Division of Air Resource Management

2600 Blair Stone Road, MS #5510

Tallahassee, FL 32399-2400

ATTN: Clean Diesel Rebate Program

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061 FS. History–New_______.