Florida Senate - 2012                      CS for CS for SB 1244
       
       
       
       By the Committees on Environmental Preservation and
       Conservation; and Communications, Energy, and Public Utilities;
       and Senators Hays, Storms, and Fasano
       
       
       592-03684-12                                          20121244c2
    1                        A bill to be entitled                      
    2         An act relating to water and wastewater utilities;
    3         creating the Study Committee on Investor-Owned Water
    4         and Wastewater Utility Systems; providing for
    5         membership and terms of service; prohibiting
    6         compensation of the members; providing for
    7         reimbursement of the members for certain expenses;
    8         providing for removal or suspension of members by the
    9         appointing authority; requiring the Public Service
   10         Commission to provide staff, information, assistance,
   11         and facilities that are deemed necessary for the
   12         committee to perform its duties; providing for funding
   13         from the Florida Public Service Regulatory Trust Fund;
   14         providing duties of the committee; providing for
   15         public meetings; requiring the committee to report its
   16         findings to the Governor, the Legislature, and
   17         appropriate agencies and make certain recommendations;
   18         providing for future termination of the committee;
   19         providing an effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Study Committee on Investor-Owned Water and
   24  Wastewater Utility Systems.—
   25         (1) There is created a Study Committee on Investor-Owned
   26  Water and Wastewater Utility Systems, which shall be composed of
   27  18 residents of the state designated and appointed as follows:
   28         (a) The chair of the Public Service Commission or a
   29  commissioner designated by the chair, who shall serve as chair
   30  of the committee and shall be a nonvoting member of the
   31  committee.
   32         (b) The Secretary of Environmental Protection or his or her
   33  designee, who shall be a nonvoting member of the committee.
   34         (c) The Public Counsel or his or her designee, who shall be
   35  a nonvoting member of the committee.
   36         (d) One member of the Senate appointed by the President of
   37  the Senate.
   38         (e) One member of the House of Representatives appointed by
   39  the Speaker of the House of Representatives.
   40         (f) Two representatives of Class A investor-owned water or
   41  wastewater utilities appointed by the Governor.
   42         (g) One representative of a Class B investor-owned water or
   43  wastewater utility appointed by the Governor.
   44         (h) One representative of a Class C investor-owned water or
   45  wastewater utility appointed by the Governor.
   46         (i) One customer of a Class A investor-owned water or
   47  wastewater utility appointed by the Governor.
   48         (j) One customer of a Class B or Class C investor-owned
   49  water or wastewater utility appointed by the Governor.
   50         (k) One representative of a water management district
   51  appointed by the Governor.
   52         (l) One representative of the Florida Section of the
   53  American Water Works Association appointed by the Governor.
   54         (m) One representative of the Florida Rural Water
   55  Association appointed by the Governor.
   56         (n) One representative of a water or wastewater system
   57  owned or operated by a municipal or county government appointed
   58  by the Governor.
   59         (o) One representative of a governmental authority that is
   60  created pursuant to chapter 163, Florida Statutes, appointed by
   61  the Governor.
   62         (p) The chair of a county commission that regulates
   63  investor-owned water or wastewater utility systems appointed by
   64  the Governor.
   65         (q) One representative of a county health department
   66  appointed by the Governor.
   67         (2) The members shall serve until the work of the committee
   68  is complete and the committee is terminated, except that if a
   69  member no longer serves in the position required for
   70  appointment, the member shall be replaced by the individual who
   71  serves in such position.
   72         (3) Members of the committee shall serve without
   73  compensation, but are entitled to reimbursement for all
   74  reasonable and necessary expenses, including travel expenses, in
   75  the performance of their duties as provided in s. 112.061,
   76  Florida Statutes.
   77         (4) An appointing authority may remove or suspend a member
   78  appointed by it for cause, including, but not limited to,
   79  failure to attend two or more meetings of the committee.
   80         (5) The Public Service Commission shall provide the staff,
   81  information, assistance, and facilities as are deemed necessary
   82  for the committee to carry out its duties under this section.
   83  Funding for the committee shall be paid from the Florida Public
   84  Service Regulatory Trust Fund.
   85         (6) The committee shall identify issues of concern of
   86  investor-owned water and wastewater utility systems,
   87  particularly small systems, and their customers and research
   88  possible solutions. In addition, the committee shall consider:
   89         (a) The ability of a small investor-owned water or
   90  wastewater utility to achieve economies of scale when purchasing
   91  equipment, commodities, or services.
   92         (b) The availability of low interest loans to a small,
   93  privately owned water or wastewater utility.
   94         (c) Any tax incentives or exemptions, temporary or
   95  permanent, which are available to a small water or wastewater
   96  utility.
   97         (d) The impact on customer rates if a utility purchases an
   98  existing water or wastewater utility system.
   99         (e) The impact on customer rates of a utility providing
  100  service through the use of a reseller.
  101         (f) Other issues that the committee identifies during its
  102  investigation.
  103         (7) The committee shall meet at the time and location as
  104  the chair determines, except that the committee shall meet a
  105  minimum of four times. At least two meetings must be held in an
  106  area that is centrally located to utility customers who have
  107  recently been affected by a significant increase in water or
  108  wastewater utility rates. The public shall be given the
  109  opportunity to speak at the meetings.
  110         (8) By February 15, 2013, the committee shall prepare and
  111  submit to the Governor, the President of the Senate, and the
  112  Speaker of the House of Representatives a report detailing its
  113  findings pursuant to subsection (6) and making specific
  114  legislative recommendations, including proposed legislation
  115  intended to implement its recommendations. If the committee, in
  116  its report, finds that an issue may effectively be addressed
  117  through agency rulemaking, the committee shall submit to the
  118  appropriate agencies its report and recommendations, including
  119  proposed rules.
  120         (9) This section expires and the committee terminates June
  121  30, 2013.
  122         Section 2. This act shall take effect upon becoming a law.