The Commission is initiating rulemaking to adopt rule Chapter 27N-1, Florida Administrative Code, implementing the Florida Energy and Climate Protection Act (Section 377.806, F.S.). Specifically, the Commission intends to adopt rules governing the ...

EXECUTIVE OFFICE OF THE GOVERNOR
Florida Energy & Climate Commission

Rule No.: RULE TITLE
27N-1.100: General
27N-1.200: Definitions
27N-1.500: Solar Energy Systems Incentives Program
27N-1.900: Forms
PURPOSE AND EFFECT: The Commission is initiating rulemaking to adopt rule Chapter 27N-1, Florida Administrative Code, implementing the Florida Energy and Climate Protection Act (Section 377.806, F.S.). Specifically, the Commission intends to adopt rules governing the Solar Energy Systems Incentives Program. The effect of the rule would be to: (1) reflect the transfer of program administration from the Department of Environmental Protection to the Florida Energy and Climate Commission; (2) revise application submission requirements and allow for the implementation of an online application for the Solar Energy Systems Incentives Program; The proposed rule provisions are a result of the enactment of HB 7135 during the 2008 Regular Session (Chapter No. 2008-227, Laws of Florida).
SUMMARY: 27N-1.100 (GENERAL) – Revised reference to grant program to include energy-efficient technologies.
27N-1.200 (DEFINITIONS) – Added reference to Florida Energy and Climate Commission.
27N-1.500 (SOLAR ENERGY SYSTEMS INCENTIVES PROGRAM)
a) Revised application submission guidelines.
b) Created online application process.
27N-1.900 (FORMS)
a) Revised general contact information.
b) Created new application form for Renewable Energy and Energy-Efficient Technologies Grant proposals that addresses pre-proposal and full proposal requirements.
c) Updated contact information on application form for Solar Energy System Incentives Program.
d) Updated contact information on application form for Renewable Energy Technologies Investment Tax Credit Program.
e) Created new application form for Bioenergy Technologies Grant proposals that addresses pre-proposal and full proposal requirements.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 377.6015, 377.804(3), 377.806(7), 220.192(3) FS.
LAW IMPLEMENTED: 377.6015, 377.801, 377.802, 377.803, 377.804, 377.806, 377.808, 220.192 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Monday, October 18, 2010, 1:00 p.m. – 3:00 p.m.
PLACE: Toni Jennings Room, 110 Senate Office Building, 404 S. Monroe St., Tallahassee, FL
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 5 days before the workshop/meeting by contacting: Brittany Cummins 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 IS: Brittany Cummins at [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

27N-1.100 General.

This chapter implements the Florida Energy and Climate Protection Act, Florida Renewable Energy Technologies Act providing for grants for renewable energy and energy-efficient technologies and rebates for solar energy systems. This chapter also implements applications for corporate tax credits for renewable energy technologies provided for in Section 220.192, F.S.

Rulemaking Specific Authority 377.6015, 377.804(3), 377.806(7), 220.192(3) FS. Law Implemented 377.6015, 377.803, 377.804, 377.806, 377.808, 220.192 FS. History–New 10-22-07, Formerly 62-16.100, Amended________.

 

27N-1.200 Definitions.

The words, terms and phrases used in this chapter, unless otherwise indicated, shall have the meaning set forth in Sections 377.803 and 220.192(1), F.S. In addition, when used in this chapter, the following words, phrases, or terms shall have the following meanings:

(1) “Bioenergy” means energy derived from biomass.

(2) “Biomass” means “biomass” as defined in Section 366.91(2)(a), F.S.

(3) “Commission” means the Florida Energy and Climate Commission. “Department” means the Florida Department of Environmental Protection.

(4) “Matching Funds or Other In-Kind Contributions” means:

(a) Actual cash outlays contributed, including, but not limited to, cash outlays for wages, rental expenses, travel expenses, un-recovered indirect costs, and purchases of material and supplies, as a direct benefit to the project, or;

(b) Non-cash contributions necessary and reasonable for proper and efficient accomplishment of project objectives, the value of which must be established using the following guidelines:

1. Rates for donated or volunteer services of any person must be consistent with their regular rate of pay, or the rate of pay of those paid for similar work at a similar level of experience in the labor market, including the value of fringe benefits.

2. The value of donated expendable property such as office supplies or workshop supplies must not exceed the fair market value of the property.

3. The value of donated real property such as land must not exceed the fair market value of the property.

4. Donated space must be valued at fair rental value of comparable space and facilities in a privately-owned building in the same locale.

5. The value of loaned equipment can not exceed its fair rental value.

6. In-kind travel expense must be valued at the approved State rate as specified in Section 112.061, F.S.

(5) “Purchase date” means, for the purchase of solar energy equipment, the date of execution of a loan agreement or the date of final cash payment.

(6) “Solar thermal pool heater” means a device that traps the heat produced by incident sunlight in collector tubing through which swimming pool water is pumped in order to raise the temperature of the swimming pool water.

Rulemaking Specific Authority 377.6015, 377.804(3), 377.806(7), 220.192(3) FS. Law Implemented 377.6015, 377.802, 377.804, 377.806, 220.192 FS. History–New 10-22-07, Formerly 62-16.200, Amended_________.

 

27N-1.500 Solar Energy Systems Incentives Program.

(1) APPLICATION. Applications for rebates pursuant to the Solar Energy Systems Incentives Program, Section 377.806, F.S., shall be submitted to the Florida Energy and Climate Commission, ATTN: Solar Energy System Incentives Program, 600 South Calhoun Street, Holland Building, Suite 251, Tallahassee, FL 32399-0001 Department of Environmental Protection, ATTN: Solar Energy System Incentives Program, Florida Energy Office, 2600 Blair Stone Road, MS-21, Tallahassee, FL 32399-2400 as follows:

(a) Applications may shall be submitted in hard copy format, using application Form 27N-1.900(2) 62-16.900(2), which is adopted and incorporated by reference. Applications submitted in hardcopy format All applications must be submitted by certified mail or hand delivered to the commission department, and must be received by the commission department no later than 5:00 p.m. on the 90th day after the purchase date of the solar energy equipment. If the 12090th day after the purchase date of the solar energy equipment falls on a weekend or an observed holiday for which commission department offices have been closed, then the deadline shall be the next business day or,

(b) Applications may be submitted online at the Commission’s website, using the online version of application Form 27N-1.900(2). Online applications must be completed no later than 5:00 p.m. on the 120th day after the purchase date of the solar energy equipment. If the 120th day after the purchase date of the solar energy equipment falls on a weekend or an observed holiday for which commission offices have been closed, then the deadline shall be the next business day. Online applications shall not be deemed completed until the commission receives all of the information requested on the online form.

(c)(b) Rebates are limited to one solar photovoltaic system, one solar thermal system, and one solar pool heater per resident. A separate application must be submitted for each rebate.

(d)(e) All applications must include the information required on the application form, a photocopy of the original purchase agreement for the equipment and installation of the solar energy system, a copy of the final receipt of payment if different from the original purchase agreement, and a photograph of the installed system. All information provided to the commission department must be legible.

(e)(d) The commission department shall review each timely filed application to determine if the application includes all required information.

1. An application that is determined to be complete upon initial filing shall be considered for eligibility and placement in the first-come, first-serve order for allocation of rebates based upon the date and time the application is filed.

1.2. If the commission department determines that the application does not contain all of the required information the commission department shall notify the applicant of the incompleteness of the application. Timely filed applications which do not include all required information shall not be considered as eligible for rebates and shall not receive a position in the first-come, first-serve order for allocation of rebates.

2.3. Applicants who are notified of the incompleteness of a timely filed application may file subsequent information in order to make the application complete. Timely filed applications that are initially determined incomplete, but are subsequently determined complete, shall be considered for eligibility for the rebate and placement in the first-come, first-served order for allocation of rebates based upon the date and time the application is determined complete.

(2) ISSUANCE. The commission department shall issue each rebate after the commission department determines that all required information has been provided for each application to make the application complete, provided funds are available to do so.

Rulemaking Specific Authority 377.6015, 377.806(7) FS. Law Implemented 377.6015, 377.801, 377.802, 377.803, 377.806 FS. History–New 10-22-07, Formerly 62-16.500, Amended_________.

 

27N-1.900 Forms.

The following forms are adopted and incorporated by reference in this rule chapter. The form is listed by rule number, which is also the form number, and by the subject title and effective date. Copies of the form may be obtained by writing to the Florida Energy and Climate Commission, 600 South Calhoun Street, Holland Building, Suite 251, Tallahassee, FL 32399-0001 Department of Environmental Protection, Florida Energy Office, 2600 Blair Stone Road, MS-19, Tallahassee, FL 32399-2400.

(1) Renewable Energy and Energy-Efficient Technologies Grants Program Pre-proposal Application, Form 27N-1.900(1) 62-16.900(1) (effective 10/07).

(2) Solar Energy System Incentives Program Application, Form 27N-1.900(2) 62-16.900(2).

(3) Renewable Energy Technologies Investment Tax Credit Program Application, Form 27N-1.900(3) 62-16.900(3).

(4) Renewable Energy and Energy-Efficient Technologies Grants Program for Bioenergy Pre-proposal Projects Application, Form 27N-1-900(4).

(5) Renewable Energy and Energy-Efficient Technologies Grants Program Full Proposal Application, Form 27N-1.-900(5).

(6) Renewable Energy and Energy-Efficient Technologies Grants Program for Full Proposal Bioenergy Pre-proposal Projects Application, Form 27N-1.900(6).

(7) Green Governments Grant Application, Form 27N-1.900(7).

Rulemaking Specific Authority 220.192(3), 377.6015, 377.804(3), 377.806(7) FS. Law Implemented 377.6015, 377.804, 377.806, 220.192 FS. History–New 10-22-07, Formerly 62-16.900, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Brenda Buchan
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Alexander Mack
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 24, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 10, 2010