27N-1.100: General
27N-1.200: Definitions
27N-1.300: Renewable Energy Technologies Grants Program
27N-1.400: Renewable Energy and Energy Efficient Technologies Grant Program for Bioenergy
27N-1.500: Solar Energy Systems Incentives Program
27N-1.600: Renewable Energy Technologies Investments Tax Credit
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 (ss. 377.801-.806, F.S.). Specifically, the Commission intends to adopt rules governing the Renewable Energy and Energy Efficient Technologies Grants Program, the Solar Energy Systems Incentives Program, and the Renewable Energy Technologies Investment Tax Credit. 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 certain application and review requirements relating to the Renewable Energy and Energy Efficient Technologies Grants Program; (3) establish procedures for the submission, review, award, and administration of bioenergy projects under the Renewable Energy and Energy Efficient Technologies Grants Program; (4) revise application submission requirements and allow for the implementation of an online application for the Solar Energy Systems Incentives Program; (5) revise application requirements for the Renewable Energy Technologies Investment Tax Credit; and (6) update program forms. 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).
SUBJECT AREA TO BE ADDRESSED: The subjects expected to be addressed in this rule include development of an online application system for the Solar Energy Systems Incentives Program, as well as the application and review requirements governing the Renewable Energy and Energy Efficient Technologies Grants Program, and the Renewable Energy Technologies Tax Credit.
SPECIFIC AUTHORITY: 377.6015, 377.801, 377.803, 377.804, 377.806, 220.192 FS.
LAW IMPLEMENTED: 377.6015, 377.801-.806, 220.192 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 20, 2009, 10:00 a.m.
PLACE: Bryant Building, Room 272, 620 S. Meridian Street, 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: April Groover, 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399-0001, or telephone (850)487-3800. 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: April Groover, 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399-0001, or telephone (850)487-3800
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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.
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. HistoryNew 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.
Specific Authority 377.6015, 377.804(3), 377.806(7), 220.192(3) F.S. Law Implemented 377.6015, 377.802, 377.804, 377.806, 220.192 FS. HistoryNew 10-22-07, Formerly 62-16.200, Amended________.
27N-1.300 Renewable Energy and Energy-Efficient Technologies Grants Program.
(1) REQUEST FOR GRANT PRE-PROPOSALS.
(a) The Florida Energy and Climate Commission (Commission) department shall issue a request for grant pre-proposals (RFGP). The RFGP shall include a copy of the grant application form, instructions for submission of the grant application, and contact information for the commission department.
(b) The RFGP shall be issued by publication on the Florida Department of Management Services State Vendor Bid System under MyFlorida MarketPlace, and on the commissions departments website.
(2) QUALIFIED APPLICANTS. Qualified applicants are those applicants identified in Section 377.804(2), F.S., and State of Florida agencies.
(3) APPLICATIONS. Applications for the Renewable Energy and Energy-Efficient Technologies Grants Program shall be submitted to the Florida Energy and Climate Commission, ATTN: Renewable Energy and Energy-Efficient Technologies Grants Program, 600 South Calhoun Street, Holland Building, Suite 251, Tallahassee, FL 32399-0001 Department of Environmental Protection, ATTN: Renewable Energy Technologies Grants Program, Renewable Energy Projects, Florida Energy Office, 2600 Blair Stone Road, MS-19, Tallahassee, FL 32399-2400 as follows:
(a) Six copies of the pre-proposal application shall be submitted in hard copy format, using application Form 27N-1.900(1) 62-16.900(1) which is adopted and incorporated by reference at subsection 27N-1.900(1), F.A.C. One copy of the complete application as well as one copy with all proprietary information redacted shall be submitted in electronic format on compact disc at the same time as the hard copy. Acceptable formats for electronic versions are Microsoft Word for Windows versions 5.0 or higher; and Rich Text Format. Acceptable formats for electronic versions of the signed commitment letters required by Form 27N-1.900(1) 62-16.900(1) from third parties are Adobe PDF; Microsoft Word for Windows versions 5.0 or higher; and Rich Text Format.
(b) If an applicant is selected for the full proposal ranking phase, they will be asked to submit six copies of the full-proposal application shall be submitted in hard copy format, using application Form 27N-1.900(5) which is adopted and incorporated by reference at subsection Form 27N-1.900(5), F.A.C. One copy of the complete application as well as one copy with all proprietary information redacted shall be submitted in electronic format on compact disc at the same time as the hard copy. Acceptable formats for electronic versions are Microsoft Word for Windows versions 5.0 or higher; and Rich Text Format. Acceptable formats for electronic versions of the signed commitment letters required by Form 27N-1.900(5) from third parties are Adobe PDF; Microsoft Word for Windows versions 5.0 or higher; and Rich Text Format.
(c) Applications must be accompanied by an affidavit from the applicant attesting to the accuracy of the statements contained in the application.
(d)(b) Applications must be received by the commission department no later than 5:00 p.m. on the date specified by the commission department in the RFGP.
(e)(c) The application filing deadline shall be extended by the commission department when the commission department determines specifically for this grant program that extenuating circumstances exist, such as a hurricane or other natural disaster. Any deadline extension shall apply for all applicants. The commission shall publish notice of the deadline extension on the Florida Department of Management Services State Vendor Bid System under MyFlorida MarketPlace, and on the commissions website.
(f)(d) For grant requests, the minimum allowable amount for an application to be eligible for consideration for award shall be $50 thousand, and the maximum allowable amount shall be $2.5 million.
(g)(e) COMPLETENESS. Any application which does not include all required information may shall be determined incomplete and ineligible for the award of the grant sought. The department shall notify the applicant of the determination of ineligibility.
(h)(f) An applicant is not eligible for award of a grant if the commission determines that the applicant: An applicant is not eligible for award of a grant if at the time the department determines the recipients for the grant.
1. Has a pending civil, criminal or administrative action alleging that the applicant has committed violations of Florida Statutes or the rules promulgated there under; or The department has a pending civil or administrative action against the applicant that alleges that the applicant has committed violations of Chapters 373, 376, or 403, F.S., or the department rules implementing these statutes; or
2. Has not satisfied a fine, penalty or other judgment arising out of any civil, criminal or administrative action brought by any governmental agency based upon violation of Florida Statutes or the rules promulgated there under. The department has a final judgment or final order finding that the applicant has committed violations of Chapter 373, 376, or 403, F.S., unless the applicant has satisfied all requirements for corrective actions and has paid all costs, civil penalties, damages, and other financial assessments required by the judgment or order; or:
3. The applicant has entered into a consent order with the department, unless the applicant has satisfied all requirements for corrective actions and has paid all costs, civil penalties, damages, and other financial assessments required by the consent order.
(4) CRITERIA.
(a) The criteria listed in Section 377.804(4), F.S., shall apply to grants evaluated pursuant to Sections 377.804(1) through 377.804(5), F.S.
(b) In addition to the criteria in Section 377.804(4), F.S., grant applications shall be evaluated for the degree to which a project reduces greenhouse gas emissions, minimizes impacts to water resources and results in direct jobs created incorporates multiple renewable energy technologies.
(5) MATCHING FUNDS.
(a) For matching funds, the minimum allowable amount for an application to be eligible for consideration for award shall be $1.00.
(b) All matching funds and other in-kind contributions, including third party in-kind, shall be verifiable from the applicants and/or its partners records, and not be included as contributions for any other state-assisted project or program.
(c) Expenses related to a proposed project incurred prior to the award announcement are not eligible as matching funds or in-kind contributions.
(d) State funds are not eligible as matching funds or in-kind contributions.
(6) RANKING.
(a) The commission department shall use a point system to score grants. In scoring grants, points shall be awarded as follows:
|
Criteria |
Max Points Possible |
|
Cost Share Percentage1 |
20 |
|
Economic Development2 |
16 |
|
Technical Feasibility3 |
16 |
|
Innovative Technology4 |
16 |
|
Production Potential5 |
16 |
|
Energy Efficiency6 |
16 |
|
Fostering Awareness7 |
16 |
|
Project Management8 |
16 |
|
Duration & Timeline9 |
6 |
|
Location Served10 |
4 |
|
Public Integration11 |
3 |
|
|
|
|
Total Numerical Rating |
145 |
1Cost Share Percentage: The availability of matching funds or other in-kind contributions applied to the total project from the applicant.
0 points = $1.00 up to and including 1% of total project cost.
2 points = Greater than 1% up to and including 10% of total project cost.
4 points = Greater than 10% up to and including 20% of total project cost.
6 points = Greater than 20% up to and including 30% of total project cost.
8 points = Greater than 30% up to and including 40% of total project cost.
10 points = Greater than 40% up to and including 50% of total project cost.
12 points = Greater than 50% up to and including 60% of total project cost.
14 points = Greater than 60% up to and including 70% of total project cost.
16 points = Greater than 70% up to and including 80% of total project cost.
18 points = Greater than 80% up to and including 90% of total project cost.
20 points = Greater than 90% of total project cost.
2Economic Development: The degree to which the project stimulates in-state capital investment and economic development in metropolitan and rural areas, including the creation of jobs and the future development of a commercial market for renewable energy technologies.
Minimum (0 points): Negative contribution or this element of the evaluation criteria was not addressed.
Maximum (16 points): Significant potential for economic development in Florida, including estimate of direct jobs created and the potential duration of said jobs, whether time limited specific to the grant period or potentially on-going beyond the life of the grant.
3Technical Feasibility: The extent to which the proposed project has been demonstrated to be technically feasible based on pilot project demonstrations, laboratory testing, scientific modeling, or engineering or chemical theory that supports the proposal.
Minimum (0 points): No proof of feasibility or this element of the evaluation criteria was not addressed.
Maximum (16 points): Project demonstrated to be technically feasible and claims are fully supported.
4 Innovative Technology: The degree to which the project incorporates an innovative new technology or an innovative application of an existing technology.
Minimum (0 points): No degree of innovation or this element of the evaluation criteria was not addressed.
Maximum (16 points): Project incorporates technologies or processes that are not in common use in Florida, that represent a novel application of an existing technology or process, or that overcome obstacles to meeting Floridas energy needs in new or innovative ways.
5 Production Potential: The degree to which a project generates thermal, mechanical, or electrical energy by means of a renewable energy resource that has substantial long-term production potential.
Minimum (0 points): No production potential or this element of the evaluation criteria was not addressed.
Maximum (16 points): Significant potential for energy production in Florida.
6 Energy Efficiency: The degree to which a project demonstrates efficient use of energy and material resources.
Minimum (0 points): No consideration for energy efficiency or pollution prevention or this element of the evaluation criteria was not addressed.
Maximum (16 points): Project incorporates energy efficient products and practices including process improvements that lead to source reduction, waste minimization, and on-site recycling,. greenhouse gas emission reduction and demonstrates a commitment for implementation of best management practices for water use and/or reclamation.
7Fostering Awareness: The degree to which the project fosters overall understanding and appreciation of renewable energy technologies, including but not limited to education/public outreach and level of effort (i.e. within a given community or statewide).
Minimum (0 points): No contribution or this element of the evaluation criteria was not addressed.
Maximum (16 points): Significant potential for outreach activities that provide knowledge on the availability and benefits of renewable energy and energy efficient technologies and the promotion of its development for fostering awareness of renewable energy technologies throughout Florida, as well as integrated with statewide energy campaign efforts.
8Project Management: The ability to administer a complete project.
Minimum (0 points): Project team mismatched for tasks identified. No prior management experience on project team. Budget is unrealistic.
Maximum (16 points): Project team has extensive management experience and expertise in the proposed field of study. Budget suited to tasks involved.
9Duration & Timelines: Project duration and timeline for expenditures.
Minimum (0 points): Project objectives will not be met and grant funds will not be exhausted within the 3 year grant agreement timeframe.
Maximum (6 points): No difficulty accomplishing project objectives and expending funds within grant agreement timeframe.
10Location Served: The geographic area in which the project is to be conducted in relation to other projects.
Minimum (0 points): Project duplicates existing efforts in the county or counties in which the project is proposed, minimizing its potential value to the community and state.
Maximum (4 points): Location of project benefits related efforts in the county or counties in which the project is proposed and surrounding areas, creating value for the community and state.
11Public Integration: The degree of public visibility and interaction.
Minimum (0 points): No visibility and interaction with the general public or this element of the evaluation criteria was not addressed.
Maximum (3 4 points): Significant potential for public visibility and interaction.
12Multiple Technologies: The degree to which a project incorporates multiple renewable energy technologies in the project.
0 points = One renewable energy technology is used.
2 points = Two renewable energy technologies are used.
4 points = Three or more renewable energy technologies are used.
(b) The commissions executive director department shall establish a Renewable Energy and Energy Efficient Technologies Grant Selection Advisory Group (RET-SAG) review group of no less than 3 people, who shall each individually review grant applications, and score each application according to the point system provided in paragraph (6)(a).
(c) Score points from all reviewers within the RET-SAG shall be ranked and averaged as follows:
(7) PRE-PROPOSALS.
(a)1. Each reviewer shall rank each eligible pre-proposal application by assigning a ranking number to each eligible pre-proposal application based on the score of the individual pre-proposal application compared to all other pre-proposal application reviewed by that reviewer. For example, the top scored pre-proposal application shall be assigned a ranking number of 1, the second highest scored pre-proposal application shall be assigned a ranking number of 2, the third highest scored pre-proposal application shall be assigned a ranking number of 3, and so on, until all eligible pre-proposal application are ranked.
(b)2. After all eligible pre-proposal application are ranked by the individual reviewers, the ranking numbers from all reviewers for each individual pre-proposal application shall be averaged.
(c) The commissions executive director shall develop a list based upon highest averaged ranking and availability of funding, with 1 being the highest ranking. In the instance of a ranking tie between two or more pre-proposals, the applicant proposing the higher percentage of match shall be ranked higher. In the instance of a ranking tie between two or more pre-proposals, and those pre-proposals contain the same percentage of match, the individual scores of the reviewers shall be added, and the pre-proposal with the higher added reviewer scores shall be ranked higher. If there is still a tie, then the pre-proposal submitted earlier in date shall be ranked higher.
(8) FULL PROPOSALS.
(a) The commissions executive director shall extend invitations to applicants to prepare full proposals as follows. Invitations will be extended based upon highest average ranking pre-proposal in the following order; first to the highest ranking pre-proposal, second to the second highest ranked pre-proposal, and so on until the total amount of the fiscal appropriation in each state fiscal year for each grant category is met. The commissions executive director may also extend an invitation to any of the next highest averaged ranking pre-proposals beyond the fiscal appropriation.
(b) Applicants selected to prepare a full proposal shall submit the full proposal pursuant to the guidelines in the RFGP. The RET-SAG shall host a one-day meeting to hear presentations from the applicants submitting full proposals and develop a recommendation for funding. Following the presentations, the same process of evaluation and ranking shall take place as occurred for pre-proposals in paragraph (7).
(9)(7) AWARD.
(a) The commissions executive director will request the top 10 ranked full proposal candidates to present before the commission. The commissions final decision to award grant funding will be based on the proposals ability to achieve goals consistent with the State of Floridas energy policies. The department shall award grants based upon highest averaged ranking and availability of funding, with 1 being the highest ranking. Grants shall be awarded to the top ranked application first, to the second highest ranked application second, and so on until the total amount of the fiscal appropriation in each state fiscal year is met.
(b)(a) The maximum amount for an individual award shall be limited to $2.5 million.
(c)(b) The minimum amount for an individual award shall be limited to $50 thousand.
(c)(d) The commission department shall award up to the total amount requested in individual grant applications to the top ranked grant applicants up to the maximum amount allowed under paragraph (3)(e)(7)(a). If funds are not available to award the total amount requested by an applicant due to awards of grants to higher ranked applications, the department The commission may award partial grants to applicants. The total amount of grant awards shall not exceed the up to the amount of the fiscal appropriation remaining in each state fiscal year.
(d) In the instance of a ranking tie between two or more applications, the application proposing the higher percentage of match shall be ranked higher. In the instance of a ranking tie between two or more applications, and those applications propose the same percentage of match, the individual scores of the reviewers shall be added, and the application with the higher added reviewer scores shall be ranked higher. If there is still a tie, then the application submitted earlier in date shall be ranked higher.
(10)(8) ADMINISTRATION.
(a) Grant funds must be awarded through a formal grant agreement negotiated and executed between the commission department and the grant applicant. Either party has the discretion to terminate negotiations if an agreement is not reached within 45 days of announcement of award. If the commission department and the grant applicant are unable to negotiate an agreement, the grant shall not be awarded to that grant applicant.
(b) Grant agreements shall be limited to no longer than three years in duration.
(c) Grant funds shall be distributed as reimbursements to recipients upon receipt of a formal invoice, supporting documentation, and upon commission department grant manager approval for compliance with all requirements of the grant agreement, this rule chapter, and the Florida Statutes.
(d) Invoices shall be submitted by grantees not more frequently than once per month, and not less frequently than once per quarter.
(e) Expenses incurred by a grantee and its project partners for its project after the execution of a formal grant agreement shall be considered as match based upon the requirements of Section 377.804, F.S., and this chapter.
(f) The Commission shall have the authority to cancel this agreement because of failure of the grantee to fulfill its obligations under this agreement or any other past or present grant award agreement with the State of Florida. Expenses incurred by a grantee and its project partners for its project between the date of a notice of grant award and execution of formal grant agreement shall be considered as match if the proposed match would meet all requirements of this rule chapter and Chapter 377, F.S., which would be otherwise applicable to an awarded grant, and if the proposed match would not violate any other provisions of the law. The department shall determine, on a case-by-case basis, whether such expenses qualify for match. Approval of such expenses as match are subject to negotiation of the grant agreement, and prior written approval by the department is required. Consideration as match is not guaranteed.
(g) Satisfaction of obligations by the grantee shall be determined by the Commission.
(h) Prior to termination, the Commission shall provide 30 calendar days written notice of its intent to terminate and shall provide the Grantee with the opportunity to consult with the Commission for reason(s) for termination. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this agreement, the grantee will be compensated for any work completed in accordance with this agreement prior to notification of termination. If the grantee violates any of the provisions of this agreement, the Commission shall have the right to demand the return of moneys delivered and withhold subsequent payments due under this or other grants.
Specific Authority 377.6015, 377.804(3) FS. Law Implemented 377.6015, 377.802, 377.804 FS. HistoryNew 10-22-07, Formerly 62-16.300, Amended_________.
27N-1.400 Renewable Energy and Energy-Efficient Technologies Grants Program for Bioenergy.
(1) REQUEST FOR GRANT PROPOSALS.
(a) The Florida Energy and Climate Commission (Commission) shall issue a request for grant proposals (RFGP). The RFGP shall include a copy of the grant application form, instructions for submission of the grant application, and contact information for the commission.
(b) The RFGP shall be issued by publication on the Florida Department of Management Services State Vendor Bid System under MyFlorida MarketPlace, and on the commissions website.
(2) QUALIFIED APPLICANTS. Qualified applicants are those applicants identified in Section 377.804(2), F.S., and State of Florida agencies.
(3) APPLICATIONS. Applications for the Renewable Energy and Energy-Efficient Technologies Grants Program for Bioenergy shall be submitted to the Florida Energy and Climate Commission, ATTN: Renewable Energy and Energy-Efficient Technologies Grants Program for Bioenergy, 600 South Calhoun Street, Holland Building, Suite 251, Tallahassee, FL 32399-0001 as follows:
(a) Six copies of the pre-proposal application shall be submitted in hard copy format, using application Form 27N-1.900(4) which is adopted and incorporated by reference at subsection 27N-1.900(4), F.A.C. One copy of the complete application as well as one copy with all proprietary information redacted shall be submitted in electronic format on compact disc at the same time as the hard copy. Acceptable formats for electronic versions are Microsoft Word for Windows versions 5.0 or higher; and Rich Text Format. Acceptable formats for electronic versions of the signed commitment letters required by Form 27N-1.900(4) from third parties are Adobe PDF; Microsoft Word for Windows versions 5.0 or higher; and Rich Text Format.
(b) If an applicant is selected for the full proposal ranking phase, they will be asked to submit six copies of the full-proposal application shall be submitted in hard copy format, using application Form 27N-1.900(6) which is adopted and incorporated by reference at subsection Form 27N-1.900(6). One copy of the complete application as well as one copy with all proprietary information redacted shall be submitted in electronic format on compact disc at the same time as the hard copy. Acceptable formats for electronic versions are Microsoft Word for Windows versions 5.0 or higher; and Rich Text Format. Acceptable formats for electronic versions of the signed commitment letters required by Form 27N-1.900(6) from third parties are Adobe PDF; Microsoft Word for Windows versions 5.0 or higher; and Rich Text Format.
(c) Applications must be accompanied by an affidavit from the applicant attesting to the accuracy of the statements contained in the application.
(d) Applications must be received by the commission no later than 5:00 p.m. on the date specified by the commission in the RFGP.
(e) The application filing deadline shall be extended by the commission when the commission determines specifically for this grant program that extenuating circumstances exist, such as a hurricane or other natural disaster. Any deadline extension shall apply for all applicants. The commission shall publish notice of the deadline extension on the Florida Department of Management Services State Vendor Bid System under MyFlorida MarketPlace, and on the commissions website.
(f) For grant requests, the minimum allowable amount for an application to be eligible for consideration for award shall be $50 thousand, and the maximum allowable amount shall be $2.5 million.
(g) COMPLETENESS. Any application which does not include all required information may be determined incomplete and ineligible for the award of the grant sought.
(h) An applicant is not eligible for award of a grant if the commission determines that the applicant:
1. Has a pending civil, criminal or administrative action alleging that the applicant has committed violations of Florida Statutes or the rules promulgated thereunder; or
2. Has not satisfied a fine, penalty or other judgment arising out of any civil, criminal or administrative action brought by any governmental agency based upon violation of Florida Statutes or the rules promulgated thereunder.
(4) CRITERIA.
(a) The criteria listed in Section 377.804(6), F.S., shall apply to grants evaluated pursuant that Section.
(b) In addition to the criteria in Section 377.804(6), F.S., grant applications shall be evaluated for the degree to which a project reduces greenhouse gas emissions, minimizes impacts to water resources, results in direct jobs created and has scientific merit based on pilot project demonstrations, laboratory testing, scientific modeling, or engineering or chemical theory that supports the proposal.
(5) MATCHING FUNDS.
(a) For matching funds, the minimum allowable amount for an application to be eligible for consideration for award shall be $1.00.
(b) All matching funds and other in-kind contributions, including third party in-kind, shall be verifiable from the applicants and/or its partners records, and not be included as contributions for any other state-assisted project or program.
(c) Expenses related to a proposed project incurred prior to the award announcement are not eligible as matching funds or in-kind contributions.
(d) State funds are not eligible as matching funds or in-kind contributions.
(6) RANKING.
(a) The commission shall use a point system to score grants. In scoring grants, points shall be awarded as follows:
|
Criteria |
Max Points Possible |
|
Economic Development1 |
30 |
|
Florida-grown biomass2 |
30 |
|
Energy Efficiency3 |
20 |
|
Fostering Awareness4 |
10 |
|
Cost Share Percentage5 |
20 |
|
Duration & Timeline6 |
10 |
|
Expand Agribusiness7 |
20 |
|
Market Potential8 |
10 |
|
Scientific Merit9 |
20 |
|
Total Numerical Rating |
170 |
1Economic Development: The degree to which the project stimulates in-state capital investment and economic development in metropolitan and rural areas, including the creation of jobs and the future development of a commercial market for renewable energy technologies.
Minimum (0 points): Negative contribution or this element of the evaluation criteria was not addressed.
Maximum (30 points for Commercialization projects and 20 points for Research and Development or Demonstration projects): Significant potential for economic development in Florida, including estimate of direct jobs created and the potential duration of said jobs, whether time limited specific to the grant period or potentially on-going beyond the life of the grant.
2Florida Grown Biomass: The project produces bioenergy from Florida grown crops or biomass.
Minimum (0 points): No production potential or this element of the evaluation criteria was not addressed.
Maximum (30 points): Project results in significant bioenergy production from Florida grown biomass resources.
3Energy Efficiency: The degree to which a project demonstrates efficient use of energy and material resources.
Minimum (0 points): No consideration for energy efficiency or pollution prevention or this element of the evaluation criteria was not addressed.
Maximum (20 points): Project incorporates energy efficient products and practices including process improvements that lead to source reduction, waste minimization, on-site recycling, greenhouse gas emission reduction and demonstrates a commitment for implementation of best management practices for water use and/or reclamation.
4Fostering Awareness: The degree to which the project fosters overall understanding and appreciation of renewable energy technologies, including but not limited to education/public outreach and level of effort (i.e. within a given community or statewide).
Minimum (0 points): No contribution or this element of the evaluation criteria was not addressed.
Maximum (10 points): Significant potential for outreach activities that provide knowledge on the availability and benefits of renewable energy and energy efficient technologies and the promotion of its development throughout Florida, as well as integrated with statewide energy campaign efforts.
5Cost Share Percentage: The availability of matching funds or other in-kind contributions applied to the total project from the applicant.
0 points = $1.00 up to and including 1% of total project cost.
2 points = Greater than 1% up to and including 10% of total project cost.
4 points = Greater than 10% up to and including 20% of total project cost.
6 points = Greater than 20% up to and including 30% of total project cost.
8 points = Greater than 30% up to and including 40% of total project cost.
10 points = Greater than 40% up to and including 50% of total project cost.
12 points = Greater than 50% up to and including 60% of total project cost.
14 points = Greater than 60% up to and including 70% of total project cost.
16 points = Greater than 70% up to and including 80% of total project cost.
18 points = Greater than 80% up to and including 90% of total project cost.
20 points = Greater than 90% of total project cost.
6Duration & Timelines: Project duration and timeline for expenditures.
Minimum (0 points): Project objectives will not be met and grant funds will not be exhausted within the 3 year grant agreement timeframe.
Maximum (10 points): No difficulty accomplishing project objectives and expending funds within grant agreement timeframe.
7Expand Agribusiness: The project has a reasonable assurance of enhancing the value of agricultural products or will expand agribusiness in the state.
Minimum (0 points): No contribution or this element of the evaluation criteria was not addressed.
Maximum (20 points): Significant potential for enhancing the value of agricultural products and expanding agribusiness in Florida.
8Market Potential: Preliminary market and feasibility research has been conducted by the applicant or others and shows there is a reasonable assurance of a potential market.
Minimum (0 points): No research conducted or this element of the evaluation criteria was not addressed.
Maximum (10 points): Several recent market and feasibility research papers published in reputable trade journals clearly indicating significant market potential for Florida.
9Scientific Merit: The extent to which the proposed project has scientific merit based on pilot project demonstrations, laboratory testing, scientific modeling, or engineering or chemical theory that supports the proposal.
Minimum (0 points): No proof of scientific merit or this element of the evaluation criteria was not addressed.
Maximum (20 points): Project demonstrated to be technically feasible and claims are fully supported by scientific community.
(b) The commissions executive director shall establish a Bioenergy Technologies Grant Selection Advisory Group (BIO-SAG) of no less than 3 people. One member of the review group shall be appointed by the Department of Agriculture and Consumer Services. The remaining members of the review group shall be appointed by the commissions executive director. Each reviewer shall individually review grant applications, and score each application according to the point system provided in paragraph (6)(a).
(7) PRE-PROPOSALS. Score points from all reviewers within the BIO-SAG shall be ranked and averaged as follows:
(a) Each reviewer shall rank each eligible pre-proposal by assigning a ranking number to each eligible pre-proposal based on the score of the individual pre-proposal compared to all other pre-proposals reviewed by that reviewer. For example, the top scored pre-proposal shall be assigned a ranking number of 1, the second highest scored pre-proposal shall be assigned a ranking number of 2, the third highest scored pre-proposal shall be assigned a ranking number of 3, and so on, until all eligible pre-proposals are ranked.
(b) After all eligible pre-proposals are ranked by the individual reviewers, the ranking numbers from all reviewers for each individual pre-proposal shall be averaged.
(c) The commissions executive director shall develop a list based upon highest averaged ranking and availability of funding, with 1 being the highest ranking. In the instance of a ranking tie between two or more pre-proposals, the applicant proposing the higher percentage of match shall be ranked higher. In the instance of a ranking tie between two or more pre-proposals, and those pre-proposals contain the same percentage of match, the individual scores of the reviewers shall be added, and the pre-proposal with the higher added reviewer scores shall be ranked higher. If there is still a tie, then the pre-proposal submitted earlier in date shall be ranked higher.
(8) FULL PROPOSALS.
(a) The commissions executive director shall extend invitations to applicants to prepare full proposals as follows. Invitations will be extended based upon highest average ranking pre-proposal in the following order; first to the highest ranking pre-proposal, second to the second highest ranked pre-proposal, and so on until the total amount of the fiscal appropriation in each state fiscal year for each grant category is met. The commissions executive director may also extend an invitation to any of the next highest averaged ranking pre-proposals beyond the fiscal appropriation.
(b) Applicants selected to prepare a full proposal shall submit the full proposal pursuant to the guidelines in the RFGP. The BIO-SAG shall host a one-day meeting to hear presentations from the applicants submitting full proposals and develop a recommendation for funding. Following the presentations, the same process of evaluation and ranking shall take place as occurred for pre-proposals in subsection (7).
(9) AWARD.
(a) The commissions executive director will request the top 10 ranked full proposal candidates to present before the commission. The commissions final decision to award grant funding will be based on the proposals ability to achieve goals consistent with the State of Floridas energy policies.
(b) The maximum amount for an individual award shall be limited to $2.5 million.
(c) The minimum amount for an individual award shall be limited to $50 thousand.
(d) The commission shall award up to the total amount requested in individual grant applications up to the maximum amount allowed under paragraph (3)(e). The commission may award partial grants to applicants. The total amount of grant awards shall not exceed the fiscal appropriation remaining in each state fiscal year.
(10) ADMINISTRATION.
(a) Grant funds must be awarded through a formal grant agreement negotiated and executed between the commission and the grant applicant. Either party has the discretion to terminate negotiations if an agreement is not reached within 45 days of announcement of award. If the commission and the grant applicant are unable to negotiate an agreement, the grant shall not be awarded to that grant applicant.
(b) Grant agreements shall be limited to no longer than three years in duration.
(c) Grant funds shall be distributed as reimbursements to recipients upon receipt of a formal invoice, supporting documentation, and upon commission grant manager approval for compliance with all requirements of the grant agreement, this rule chapter, and the Florida Statutes.
(d) Invoices shall be submitted by grantees not more frequently than once per month, and not less frequently than once per quarter.
(e) Expenses incurred by a grantee and its project partners for its project after the execution of a formal grant agreement shall be considered as match based upon the requirements of Section 377.804, F.S., and this chapter.
(f) The Commission shall have the authority to cancel this agreement because of failure of the grantee to fulfill its obligations under this agreement or any other past or present grant award agreement with the State of Florida.
(g) Satisfaction of obligations by the grantee shall be determined by the Commission.
(h) Prior to termination, the Commission shall provide 30 calendar days written notice of its intent to terminate and shall provide the Grantee with the opportunity to consult with the Commission for reason(s) for termination. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this agreement, the grantee will be compensated for any work completed in accordance with this agreement prior to notification of termination. If the grantee violates any of the provisions of this agreement, the Commission shall have the right to demand the return of moneys delivered and withhold subsequent payments due under this or other grants.
Specific Authority 377.6015, 377.806(7) FS. Law Implemented 377.6015, 377.801, 377.802, 377.803, 377.806 FS. HistoryNew _________.
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 Commissions 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.
Specific Authority 377.6015, 377.806(7) FS. Law Implemented 377.6015, 377.801, 377.802, 377.803, 377.806 FS. HistoryNew 10-22-07, Formerly 62-16.500, Amended________.
27N-1.600 Renewable Energy Technologies Investment Tax Credit.
(1) GENERAL This rule applies to any taxpayer seeking a tax credit toward corporate income tax pursuant to Section 220.192, F.S., in the amount of the eligible costs as defined in Section 220.192(1)(b), F.S.
(a) This rule does not apply to the tax return filing process regulated by the Florida Department of Revenue (DOR). An applicant seeking a tax credit pursuant to Section 220.192, F.S., shall apply to the Florida Energy and Climate Commission (commission) department using the application process and Form 27N-1.900(3) 62-16.900(2) which is adopted and incorporated by reference. If deemed eligible for a tax credit, the commission department will issue a tax credit certificate to the applicant.
(b) The applicant may use these tax credits by attaching the certificate to its annual tax return filed with the DOR pursuant to rules promulgated by that agency.
(c) The commission department will not disburse any funds in connection with this tax credit program. Credits will not result in the payment of refunds by DOR if total credits exceed the amount of tax owed.
(d) Pursuant to Section 220.192, F.S., tax credits are limited to $3 million per state fiscal year for all taxpayers in connection with an investment in hydrogen-powered vehicles and hydrogen vehicle fueling stations in the state; $1.5 million per state fiscal year for all taxpayers in connection with an investment in commercial stationary hydrogen fuel cells in the state; and $6.5 million per state fiscal year for all taxpayers in connection with an investment in the production, storage, and distribution of biodiesel (B10-B100) and ethanol (E10-E100) in the state.
(e) The department shall be responsible for allocating the tax credits and tracking granted tax credits in a fiscal year to ensure that tax credits granted do not exceed the limits provided in Section 220.192, F.S. If an eligible applicant does not receive a tax credit allocation due to an exhaustion of the annual tax credit appropriation, its application shall remain in the first-come, first-served order in the next years annual tax credit allocation, if any, based on the date and time of filing the original application.
(e)(f) Tax credits pursuant to Section 220.192, F.S., are available only for eligible costs incurred during the state fiscal year for which the tax credit application is submitted.
(2) APPLICATION. Applications shall be submitted to the Florida Energy and Climate Commission, ATTN: Renewable Energy Technologies Investment Tax Credit Program, 600 South Calhoun Street, Holland Building, Suite 251, Tallahassee, FL 32399-0001 Department of Environmental Protection, ATTN: Renewable Energy Technologies Investment Tax Credit Program, Florida Energy Office, 2600 Blair Stone Road, MS-19, Tallahassee, FL 32399-2400 as follows:
(a) Applications shall be submitted in hard copy format, using application Form 27N-1.900(3) 62-16.900(3), which is adopted and incorporated by reference.
(b) 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 15th day following the end of the applicants tax year. If the 15th day after the end of the applicants tax year falls on a weekend or federal holiday, then the deadline shall be the next business day.
(c) All applications must include the information required on the application form, and must include all supporting documentation necessary. Supporting documentation shall include all invoices and proof of payment for expenses for which the applicant seeks the tax credit.
(d) Applications must include a completed and signed affidavit (included as part of the application form) from each applicant certifying that all information contained in the application, including all records of costs incurred and paid and claimed in the tax credit application, are true and correct.
(3) ELIGIBILITY. The commission department shall review each timely filed application for completeness and determine eligibility as follows:
(a) The commission department shall review each timely filed application within 15 days of receipt to determine if the application includes all required information. An application package will be deemed complete if Form 27N-1.900(3) 62-16.900(3) contains all required information and appropriate signatures and the package includes all necessary supporting documentation.
(b) If the commission department determines that the application does not contain all of the required information to make the application complete, the commission department shall notify the applicant in writing within 15 days of the receipt of the application of the deficiencies indicated by certified mail, unless the applicant requests, and is willing to pay for, alternative express mailing. Applications will not be returned to applicants.
(c) An applicant who is notified of a failure shall not be issued a credit until all required information is provided to the commission department.
(d) Credits shall be allocated on a first-come, first-served basis based upon the date and time complete applications are received by the commission department.
(e) Applications which do not include all required information shall not receive a position in the first-come, first-serve order for allocation of credits.
(f) The commission department will review the tax credit application package submitted by each applicant to verify that the applicant has met the qualifying statutory and rule criteria and has submitted all required documentation. Upon verification that the applicant has met all requirements, the commission department shall issue a determination of eligibility for applied for tax credits within 45 days of the receipt of complete information, subject to the fiscal limitations in Section 220.192, F.S., for the tax year in which the tax credit application is submitted.
Specific Authority 377.6015, 220.192(3) FS. Law Implemented 377.6015, 220.192 FS. HistoryNew 10-22-07, Formerly 62-16.600, 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).
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________.
