Amendment vs bill Senate Floor Amendment, #4354, McMath, Adopted vs Enrolled

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ENROLLED Regular Session HOUSE BILL NO.
SFAHB1095 3005 4354 SENATE FLOOR AMENDMENTS Regular Session Amendments proposed by Senator McMath to Engrossed House Bill No.
1095 BY REPRESENTATIVE HEBERT AN ACT To amend and reenact R.S.
1095 by Representative Hebert AMENDMENT NO.
40:2009.24(C)(1)(introductoryparagraph) and to enact Chapter 5 of Subtitle VII of Title 47 of the Louisiana Revised Statutes of 1950, to be comprisedofR.S.47:6401,relativetoalternativepowersourcesatnursingfacilities;
1 On page 1, line 11, change "permanently" to "permanently" Page 1 of 1
to requirenursingfacilities to have fuel or an alternative power generationsource to power nursing facilities;
to authorize a rebate to nursing facilities for costs of alternativeenergypowergenerationsources;toprovideforrequirements,limitations, and conditions;
to provide for duties and functions of the Louisiana Department of Health and the Department of Revenue;
to provide for administration of the rebate;
to provide for definitions;
to provide for effectiveness;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
40:2009.24(C)(1)(introductory paragraph) is hereby amended and reenacted to read as follows:
§2009.24.
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HB NO.
1095 ENROLLED C.(1) Thegeneratororalternateelectricalpowersourceshallbepermanently installed onsite at the nursing facility and shall have fuel or other alternative power generation source stored onsite at the nursing facility or delivered prior to the emergency event, in the following quantities:
* * * Section 2.
Chapter 5 of Subtitle VIIof Title 47 of the Louisiana Revised Statutes of 1950, comprised of R.S.
47:6401, is hereby enacted to read as follows:
CHAPTER 5.
NURSING FACILITY ALTERNATIVE ELECTRICAL POWER SOURCES REBATE §6401.
Rebate;
eligible costs of alternative electrical power sources for certain nursing facilities A.
As used in this Section, the following terms have the meanings ascribed to them in this Subsection unless the context clearly indicates otherwise:
(1) "Alternativeelectricalpowersource"meansasolarenergysystemplaced into service on or after January 1, 2026, and containing an array of photovoltaic modules designed to convert sunlight into electrical energyfor usage or storage and related equipment, wiring, and mounting components.
(2) "Department" means the Louisiana Department of Health.
(3) "Eligible costs" means the costs incurred and actually expended by the nursingfacilityor its designated contractor to acquire,install, and place into service an alternative electrical power source in the nursing facility as required by R.S.
40:2009.24.
(4) "Nursingfacility" hasthesamemeaningassetforthinR.S.40:2009.2(2) and that is licensed by the Louisiana Department of Health in accordance with the requirements of R.S.
40:2009.3, and that was eligible to receive federal grant funds related to energyresilience through the U.S.
Department of EnergyGrid Resilience and Innovation Partnerships Program prior to cancellation of the program.
B.(1) SubjecttothelimitationsprovidedforinthisSection,anursingfacility shallbeeligibleforarebateofeligiblecostsofanalternativeelectricalpowersource installed at or on the nursing facility property.
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HB NO.
1095 ENROLLED (2) To claim the rebate, the nursing facility shall apply to the department with satisfactory documentation demonstrating that the nursing facility is in compliance with R.S.
40:2009.24.
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Such documentation shall include all of the following:
(a) An itemized list of eligible costs.
(b) A sworn statement by the contractor certifying that the alternative electrical power source is sufficient to simultaneously provide electrical power to each of the systems, areas, and services enumerated in R.S.
40:2009.24(B).
(c) Additional documentation as may be deemed necessary by the department.
(3) The department shall review the application and documentation to determine compliance with R.S.
40:2009.24.
Following its review, the department shall certify for rebate the eligible costs and shall decline certification for any ineligiblecosts.ThedepartmentshallprovidetothenursingfacilityandDepartment of Revenue a certification letter with the eligible costs for rebate.
The issuance of certification shall be on a first-come, first-served basis.
C.(1) Upon receipt of the certification letter and subject to Paragraph (2) of this Subsection, the Department of Revenue shall remit to the nursing facility the rebate authorized by this Section from the current collections of revenues from Chapter 2 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, as amended.
(2) Prior to issuing a rebate, the Department of Revenue shall offset the amountoftherebateagainst anyother liability, tax or otherwise, collectibleanddue to the state from the nursing home, its related parties, and its owners.
(3) ThetotalamountofrebatespaidbytheDepartmentofRevenuepursuant to the provisions of this Section shall not exceed two million dollars.
D.
The rebate authorized pursuant to the provisions of this Section shall terminate on January 1, 2029, and the Department of Revenue shall not pay any rebates on or after January 1, 2029.
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HB NO.
1095 ENROLLED Section 3.(A) Section 2 of this Act shall become effective on January 1, 2027.
(B) ThisSectionandSection1ofthisActshallbecomeeffectiveonAugust1,2026.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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