SECOND REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES HOLSMAN (Sponsor), DAUS, McGHEE, WALTON, OXFORD, ROORDA, TALBOY, BOWMAN, MEINERS, HODGES, GRILL, STORCH, SHIVELY, McCLANAHAN, HARRIS (110), CHAPPELLE-NADAL, LOW (39), DARROUGH, BIVINS AND LeVOTA (Co-sponsors).
Read 1st time January 9, 2008 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 640, RSMo, by adding thereto one new section relating to the solar and wind initiative program.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 640, RSMo, is amended by adding thereto one new section, to be known as section 640.696, to read as follows:
640.696. 1. There is hereby established within the department the "Solar and Wind Incentive Program", which shall provide financial incentives for the purchase and installation of a solar photovoltaic system.
2. As used in this section, the following terms shall mean:
(1) "Applicant", a person who is applying to participate in the program;
(2) "Department", the department of natural resources;
(3) "Program", the solar and wind incentive program;
(4) "Solar photovoltaic system", a device that converts sunlight into electrical current.
3. Subject to appropriations from general revenue, the department shall provide rebates to those applicants who are residential owners of private property who install a solar photovoltaic system.
4. A solar photovoltaic system qualifies for a rebate under this section if:
(1) The system is installed by a state-licensed master electrician, electrical contractor, or solar contractor;
(2) The system complies with the state interconnection standards as provided by the public service commission; and
(3) The system complies with all applicable building codes.
The local utility company shall certify that the requirements of this subsection have been met before any such rebate is given to an applicant.
5. To receive such rebate, an applicant shall apply to the department. If the solar photovoltaic system qualifies, an applicant shall receive fifty percent of the cost to install the solar photovoltaic system; however, such amount shall not exceed twelve thousand dollars for each applicant. Only one rebate shall be allowed per individual every three years. The total amount of rebates the department may distribute under this section shall not exceed five hundred thousand dollars per year. To receive such rebate, the applicant shall submit the receipt of installation along with the certification required in subsection 4 of this section to the department.
6. The department shall promulgate rules to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly under chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.
7. Pursuant to section 23.253, RSMo, of the Missouri Sunset Act:
(1) The provisions of the new program authorized under this section shall automatically sunset five years after the effective date of this section unless reauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized under this section shall automatically sunset three years after the effective date of the reauthorization of this section; and
(3) This section terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.
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