SB 1261 Creates requirements and provides incentives for energy efficient products and activities
Sponsor: Bray
LR Number: 5402L.09C Fiscal Note: 5402-09
Committee: Commerce, Energy and the Environment
Last Action: 4/29/2008 - Referred to Rules Committee pursuant to Rule 25(21)(f) Journal Page: H1215
Title: HCS SCS SB 1261 Calendar Position:
Effective Date: August 28, 2008
House Handler: Bivins

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Current Bill Summary


HCS/SCS/SB 1261 - This act modifies provisions relating to environmental protection.

SECTION 8.295 - FACILITIES MAINTENANCE RESERVE FUND

Up to 10% of the funds appropriated each year for the Facilities Maintenance Reserve Fund shall be used for otherwise eligible projects that are also energy projects with a 10-year payback or less.

SECTION 8.305 - ENERGY EFFICIENT STATE APPLIANCES

Any appliance purchased with any portion of state funding shall be an Energy Star appliance under the Energy Star program by the U.S. Department of Energy and the Environmental Protection Agency.

SECTION 8.309 - REGULAR MAINTENANCE ON STATE BUILDINGS

The Division of Facilities Management, Design, and Construction shall ensure that regular maintenance is conducted on lighting, heating, ventilation, and air conditioning systems in all state buildings.

SECTIONS 8.800-8.8.837 - MINIMUM ENERGY EFFICIENCY STANDARD FOR STATE BUILDINGS

Design documents submitted to the Office of Administration for new construction or substantial renovation of certain state buildings shall include a projection of the energy savings of the building as a result of meeting the state minimum energy efficiency standard.

The act requires that by January 1, 2009, the Department shall modify the minimum energy efficiency standard so that it is at least as stringent as the International Energy Conservation Code, 2006 version (2006 IECC) rather than the current standard of American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE) Standard 90. The act modifies the date to July 1, 2009, by which all design for state buildings involving new construction or substantial renovation and any building considered for purchase or lease by a state agency shall comply with the minimum energy efficiency standard. The Commissioner of the Office of Administration may exempt any state building from meeting the minimum energy efficiency standard requirement for safety reasons or when the cost of compliance is expected to exceed the energy cost savings.

SECTION 8.852 - RENEWABLE ENERGY REQUIREMENT

Beginning July 1, 2016, at least 10% of the electricity used by state government must come from renewable energy sources and beginning July 1, 2026, at least 20% of the electricity used by state government must come from renewable energy sources, to the extent that such renewable energy sources are available and provided that any resulting increase in electricity costs does not exceed 10%.

SECTIONS 30.750 - 30.765 - LINKED DEPOSIT LOAN PROGRAM

This act allows for low interest loans through the linked deposit loan program for eligible alternative energy operations producing and selling fuel or power from alternative energy sources including solar, hydroelectric, wind, and qualified biomass.

SECTION 135.032 - GREEN BUILDING TAX CREDIT

This act allows a tax credit for taxpayers who construct a green building or modify an existing structure into a green building. A green building is defined as a building that is designed to achieve integrated systems design and construction so as to significantly reduce or eliminate the negative impact of the built environment in a number of different ways including water conservation, energy efficiency, renewable energy, and indoor environmental quality and human health.

The tax credit consists of three components: the green whole building component; the green base building component; and the green tenant space component. An applicant may receive a tax credit for each eligible component satisfied by the applicant's project.

Prior to construction, a taxpayer may apply for a preliminary certification for a green building tax credit from the Department of Natural Resources. If the director of the Department of Natural Resources determines that the construction or renovation meets requirements of the tax credit program, the director may issue a final certification upon completion of construction.

The green building tax credit has a per taxpayer cap of $50,000 per year and an aggregate cap of $1 million per year. Green building tax credits are refundable and fully transferable. The Department of Natural Resources must promulgate rules one hundred and twenty days after the effective date of this act to determine the amount of green building tax credits available to any one taxpayer based upon the size of the building, the level of green rating achieved by the building (either through the Leadership in Energy and Environmental Design (LEED) or the Green Globes rating systems) and whether the project is located in an economic development area.

SECTION 143.121 - HOME ENERGY AUDIT TAX DEDUCTION

The act creates an income tax deduction for either the cost of a home energy audit conducted by an energy auditor certified by the Department of Natural Resources or for the cost of implementing any of the recommendations made in any such energy audit, or for both such activities. The deduction is limited to $1,000 per taxpayer per year, up to $2,000 cumulative lifetime total per taxpayer.

SECTION 144.526 - GREEN SALES TAX HOLIDAY

The act creates the "Show Me Green Sales Tax Holiday." For 2009 and every year thereafter, during the seven day period beginning on April 19th and ending April 25th, all sales of Energy Star certified appliances will be exempt from state sales tax. Political subdivisions may opt in at their choosing.

SECTION 251.650 - INTER-AGENCY COLLABORATION TO SECURE ENERGY GRANTS

This act requires representatives of the Departments of Labor and Industrial Relations, Elementary and Secondary Education, Agriculture, Economic Development, and Natural Resources to meet, at least twice a year, to discuss ways to secure grants established under the federal Energy Independence and Security Act of 2007. Such grants would fund: green jobs, the production of renewable fuels, increasing energy efficiency of products, buildings and vehicles, and increasing research and development for manufacturing of renewable energy technologies. The Department of Natural Resources shall serve as the coordinating agency for the inter-agency group.

Any member of the inter-agency group may confer with, partner with, or invite participation by, any other interested individual or organization to secure a grant under this act, provided such collaboration is allowable under the federal grant guidelines and other applicable laws. The inter-agency group shall report to the general assembly and governor each year regarding any grants secured under this act.

SECTION 386.850 - MISSOURI ENERGY TASK FORCE

The Missouri Energy Task Force created by Executive Order 05-46 shall reconvene at least annually to review progress made toward meeting the recommendations made in its final report as issued under the Executive Order. The Task Force shall issue its findings in an annual status report to the Governor and General Assembly.

SECTION 386.950 - RENEWABLE ENERGY INFORMATION AND REPORTING

This act creates the Renewable Energy Information and Reporting Act, which requires the Public Service Commission to provide an annual report on trends and new developments relating to renewable energy. The report shall provide certain statistics and other information as described in the act and shall be provided each year to the Governor, the General Assembly, and other interested parties in the energy and environmental fields.

SECTION 442.620 - NEW HOME ENERGY EFFICIENCY RATING DISCLOSURE

This act requires a seller as part of a newly constructed residential home sales transaction occurring on or after August 28, 2008, to disclose its energy efficiency rating under the Energy Star rating system to the purchasers at least one week before completion of the sale. If a seller fails to disclose the rating on time, the purchaser may withhold $500 from the purchase price; or if full payment has already been made, he or she may pursue legal action for the $500 refund and other costs and attorney fees.

SECTIONS 640.153 - 640.216 - DEPARTMENT OF NATURAL RESOURCES

The Department of Natural Resources shall certify qualified home energy auditors. The Department's Energy Center shall serve as a central coordinator for energy sustainability activities in the state and shall carry out the duties described in the act.

The act creates a professorship in energy conservation at Missouri State University and creates the Studies in Energy Conservation Fund, which shall be administered by the Department of Natural Resources to pay for the cost of the professorship. Any unused monies in the Fund may be used to fund similar professorship positions at other public universities in the state.

SECTIONS 701.500 - 701.515 - ENERGY EFFICIENT PRODUCT STANDARDS

The act creates minimum energy efficiency standards for certain new appliances and products sold or installed within the state. Exceptions are provided for certain products that are intended to be sold outside the state, installed in manufactured homes, or designed expressly for use in recreational vehicles. The Department of Natural Resources shall promulgate the energy efficiency standards for such products, which shall be at least as stringent as the standards described in the act. The Appliance Energy Efficiency Advisory Group, created in the act, shall advise the Department on the development of the standards. The composition of the advisory group is listed in the act.

In consultation with the advisory group, the Department shall update the minimum energy efficiency standards for the appliances and products at least once every 3 years to keep current with technological advancements.

Manufacturers of the appliances and products for which the energy efficiency standards apply shall certify to the Department that their products meet the standards. Manufacturers are also required to mark their products as meeting the energy efficiency standards.

The Department is given authority to enforce the provisions of the energy efficiency standards for appliances and products. The Department may test and inspect appliances and products and may charge a manufacturer for the cost of such testing if a product is found not to be in compliance with the standards. Violations of the energy efficiency standards may be referred to the Attorney General for prosecution.

SECTION 1 - MISSOURI ALTERNATIVE ENERGY LOAN AUTHORITY

This act establishes the Missouri Alternative Energy Loan Authority to provide low-interest loans to public and private entities for the purpose of financing various energy-saving projects and services. The Authority will consist of 9 members appointed by the Governor with the advice and consent of the Senate, in accordance with criteria specified in the act. The members' terms and reappointment eligibility are specified. An initial appropriation of $15 million to the newly created Missouri Alternative Energy Loan Authority Fund will be made; and the fund may receive annual appropriations from the General Assembly as well as from any gifts, contributions, grants, or bequests.

Provisions of this act are similar to provisions in SB 1117 (2008), SCS/SB 1181, 1100, 1262, 1263 (2008), HB 1860 (2008), HB 1861 (2008), HB 1862 (2008), and SCS/SB 649 (2007).

ERIKA JAQUES