Section 377.808, F.S., authorized the Florida Energy and Climate Commission to administer a consumer rebate program for the replacement of older appliances with qualified specific residential ENERGY STAR appliances and products, consistent with 42 U....

EXECUTIVE OFFICE OF THE GOVERNOR
Florida Energy & Climate Commission

Rule No.: RULE TITLE
27N-3.001: State ENERGY STAR Appliance Rebate Program
PURPOSE AND EFFECT: Section 377.808, F.S., authorized the Florida Energy and Climate Commission to administer a consumer rebate program for the replacement of older appliances with qualified specific residential ENERGY STAR appliances and products, consistent with 42 U.S.C. s. 15821 and any federal agency guidance or regulations issued in furtherance of federal law.
SUMMARY: This rule establishes the authority for the Florida Energy and Climate Commission to secure a third party to administer the Florida ENERGY STAR Residential HVAC Rebate program and describes the program. It establishes which HVAC systems qualify for the rebate, the amount of the rebate, program duration, and application 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: 377.807 FS.
LAW IMPLEMENTED: 377.807 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: September 27, 2010, 9:00 a.m. – 12:00 Noon
PLACE: Toni Jennings Room, 110 Senate Office Building, 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: Brenda Buchan

THE FULL TEXT OF THE PROPOSED RULE IS:

27N-3.001 Florida ENERGY STAR Appliance Rebate Program.

(1) GENERAL. The Florida Energy and Climate Commission is authorized to administer a consumer rebate program for the replacement of older appliances with qualified specific residential ENERGY STAR appliances and products, consistent with 42 U.S.C. s. 15821 and any federal agency guidance or regulations issued in furtherance of federal law.

(a) Only new appliances purchased for use at the consumer’s residence, to replace older appliances, are eligible for this rebate. To qualify, the new appliance must be purchased in the state of Florida, from an establishment that collects and remits Florida sales tax. This program is not intended to be used by a multi-family building owner.

(b) For the purposes of receiving a rebate, consumers may purchase no more than one of each type of ENERGY STAR appliance per address. However, the total amount of rebate monies received shall not exceed $1,500 per consumer, per address.

(c) Rebates shall be available only for the following new ENERGY STAR certified appliances and products: refrigerators, freezers, clothes washers, dishwashers, room air conditioners and gas tank-less water heaters. These are “qualified appliances” for the purpose of the rebate program.

(d) In order to be eligible to receive a rebate, a consumer must first purchase a qualified appliance or product during the designated period and submit proof of purchase of the qualified appliance to the program administrator postmarked no later than May 10, 2010.

(e) Consumers may obtain rebate redemption information and applications from several locations including retail locations, the Florida Energy and Climate Commission website, the program administrator’s website, or program partners’ websites.

(f) Rebates will be a flat 20 percent off the retail, pretax price of the appliance.

(b)(g) The issuance of a rebate through other rebate programs does not preclude a consumer from receiving a rebate through this rebate program.

(h) Recycling is encouraged. Therefore, an additional $75 will be added to the rebate if the consumer provides the recycled appliance’s serial number and evidence of having recycled the appliance being replaced. No appliance may be refurbished and put back into use.

1. Evidence of having recycled the appliance being replaced may consist of:

a. Statement on the retailer receipt indicating pick-up of the appliance being replaced; or

b. Receipt from the public or private landfill of delivery of the appliance being replaced. This receipt must include the name and address of the landfill, the date, the receiving person’s signature and a brief description of the product.

2. The recycled appliance must be of the same type as the newly purchased qualified appliance for which the rebate is being applied.

3. The additional $75 is only offered for the purchase of a new appliance.

4. All appliances accepted by landfills or retail establishments to recycle as part of this program must be sent to a metal recycler.

(2) PROGRAM DURATION. The rebates shall only be available for the purchase of qualified appliances during the designated period of the program associated with each appliance from 12:01 a.m., April 16, 2010, through 11:59 p.m., April 25, 2010. This time period coincides with Florida’s Earth Day.

(3) PROGRAM ADMINISTRATOR. The Florida Energy and Climate Commission may select a third party vendor to administer the rebates. If the Florida Energy and Climate Commission decides to select a third party to act as the program administrator, the Commission will issue a request for proposal and select the vendor who can process the rebates in the most efficient, accurate and cost-effective manner. Under no circumstance is the program administrator permitted to sell, give away or utilize for purposes other than this rebate program the names, addresses or phone numbers of the consumers applying for the rebate.

(4) ADVERTISING AND PROMOTION. The Florida Energy and Climate Commission shall coordinate with the program administrator, the participating retailers, environmental groups and the participating utilities to partner together to promote the rebate program broadly to the entire state. Advertising and promotions for the rebate program conducted by participating partners will include information that is consistent with these rules.

(5) APPLICATION AND ISSUANCE. Applications for rebates shall be submitted to the program administrator and postmarked on or before the dates designated by each appliance under subsection (6) May 10, 2010 to be considered timely.

(a) Applications shall be submitted to the program administrator in hard copy format, using the rebate application form identified by appliance type in subsection (6) hereby incorporated by reference: Form FECC 1, effective date April 2010. The application form can be obtained beginning April 16, 2010 from the Florida ENERGY STAR Appliance Rebate website or by writing the Florida Energy and Climate Commission at 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399-0001.

(b) In order to be considered complete, applications must include all information required on the application form, the original purchase receipt for the appliance and any additional information specified in subsection (6), if seeking the additional $75 for recycling, evidence demonstrating that the appliance being replaced has been recycled. All information provided to the program administrator must be legible.

(c) The Florida Energy and Climate Commission does not guarantee that every consumer submitting a complete rebate application will receive a rebate. Rebates can only be issued if funding is available. The rebates will be dispensed upon (1) successful completion of the rebate form with required attached receipts and forms, (2) the order in which they arrive, and (3) the availability of funds.

(d) Provided funds are available, the program administrator shall review each timely application to determine if the application includes all required information. The program administrator shall issue each rebate only after it determines that all required information has been provided and the application is complete.

1. An application that is determined to be complete shall be placed in the first-come, first-served order for allocation of rebates based upon the date and time the application is filed.

2. Timely submitted applications which are not complete shall not be considered as eligible for rebates and shall not receive a position in the first-come, first-served order for allocation of rebates. If the program administrator determines that the application is not complete and does not contain all of the required information, the program administrator shall notify the applicant of the incompleteness of the application.

3. Applicants who are notified of the incompleteness of a timely submitted application may submit subsequent information by mail in order to make the application complete. If an application is then determined to be complete, it shall be placed in the first-come, first-serve order for allocation of rebates based upon the date and time the application is determined complete.

(6) REBATE ELIGIBILITY FOR SPECIFIC APPLIANCES. The following program requirements will apply to the specific appliances being offered rebates.

(a) Rebates shall be available for the following ENERGY STAR certified appliances and products: refrigerators, freezers, clothes washers, dishwashers, room air conditioners and gas tank-less water heaters. These are “qualified appliances” for the purpose of the rebate program.

1. To qualify for a rebate, the new appliance must be purchased in the state of Florida, from an establishment that collects and remits Florida sales tax.

2. For the purposes of receiving a rebate, consumers may purchase no more than one of each type of ENERGY STAR appliance per address. However, the total amount of rebate monies received shall not exceed $1,500 per consumer, per address.

3. In order to be eligible to receive a rebate, a consumer must first purchase a qualified appliance or product during the designated period and submit proof of purchase of the qualified appliance to the program administrator postmarked in a timely manner.

4. Consumers may obtain rebate redemption information and applications from several locations including retail locations, the Florida Energy and Climate Commission website, the program administrator’s website, or program partners’ websites.

5. Rebates will be a flat 20 percent off the retail, pretax price of the appliance.

6. Recycling is encouraged. Therefore, an additional $75 will be added to the rebate if the consumer provides the recycled appliance’s serial number and evidence of having recycled the appliance being replaced. No appliance may be refurbished and put back into use.

a. Evidence of having recycled the appliance being replaced may consist of a statement on the retailer receipt indicating pick-up of the appliance being replaced; or a receipt from the public or private landfill of delivery of the appliance being replaced. This receipt must include the name and address of the landfill, the date, the receiving person’s signature and a brief description of the product.

b. The recycled appliance must be of the same type as the newly purchased qualified appliance for which the rebate is being applied.

c. The additional $75 is only offered for the purchase of a new appliance.

d. All appliances accepted by landfills or retail establishments to recycle as part of this program must be sent to a metal recycler.

7. The rebates shall only be available for the purchase of qualified appliances during the period from 12:01 a.m., April 16, 2010, through 11:59 p.m., April 25, 2010. This time period coincides with Florida’s Earth Day.

8. Applications for rebates shall be submitted to the program administrator and postmarked on or before May 10, 2010 to be considered timely.

9. Applications shall be submitted to the program administrator in hard copy format, using the rebate application form hereby incorporated by reference: Form FECC 1, effective date April 2010.

(b) Rebates shall be available for the following new ENERGY STAR certified HVAC appliances and products: central air conditioners, air source heat pumps, and geothermal heat pumps.

1. To qualify for this rebate the homeowner must:

a. Purchase a new HVAC or geothermal system that meets the Federal Energy Tax Credits standards to replace an existing system; and,

b. Hire a Class 1 Florida Energy Gauge Certified Energy Rater, a State of Florida Mechanical Contractor, or a recognized test and balance agent and have their home’s duct system tested with the test results indicating the home’s duct system has no more than 15% leakage to the outside of the home (0.10 Qn.out) as indicated on the Air Distribution System Test Report hereby incorporated by reference.

2. To qualify for this rebate the appliance must be purchased and installed in the State of Florida by a Florida licensed installer and the installer must comply with Florida’s laws regarding filing for mechanical permits to replace existing HVAC units and using a Manual J for sizing the new replacement unit.

3. Rebate is limited to one rebate of $1,500 per residence.

4. The rebate shall only be available for HVAC appliances if the appliances are purchased and installed during the period from 12:01 a.m., August 30, 2010 through 11:59 p.m., December 31, 2010 or when the rebate funds are depleted.

5. Applications shall be submitted to the program administrator in hard copy format, using the application form FECC 3 hereby incorporated by reference, effective August 30, 2010. The application form can be obtained beginning August 30, 2010 from the FECC website.

6. In order to be considered complete, the HVAC rebate application must include all information required on the application form and submission of the following documents:

a. Signed and completed application

b. A copy of the mechanical building permit that must be applied for by the HVAC installer (this must contain the applicant’s home address)

c. A copy of the HVAC or geothermal sales receipt (this must contain the make and model of the HVAC unit, the sales date, and the applicant’s home address)

d. A completed and signed copy of the Air Distribution System Test Report as provided by the HVAC duct tester indicating leakage does not exceed 15% to the outside as measured by a score of 0.10 (Qn.out) or less.

e. Front or summary page of the Manual J as provided by the HVAC installer that confirms the HVAC installer used the Manual J to appropriately size the new unit

(c) Rebates for other certified ENERGY STAR Appliances.

1. Rebates for ENERGY STAR appliances not included in paragraphs (6)(a) and (b) may be offered by the Commission if additional funds become available.

2. Such rebate offerings will have a limited duration.

3. Only one rebate per appliance will be paid per residence.

4. If the Commission offers such rebates, applications shall be submitted to the program administrator in hard copy format, using the applicable form made available on the FECC website.

Rulemaking Authority 377.807 FS. Law Implemented 377.807 FS. History–New 3-11-10, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Brenda Buchan
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Rob Vickers
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 20, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 6, 2010