Senate Bill sb1142c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                           CS for SB 1142

    By the Committee on Natural Resources; and Senators Clary and
    Peaden




    312-1966-02

  1                      A bill to be entitled

  2         An act relating to environmental cost recovery

  3         for electric utilities; amending s. 366.8255,

  4         F.S.; redefining the term "environmental

  5         compliance costs" to include certain costs

  6         relating to air quality; providing an effective

  7         date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Section 366.8255, Florida Statutes, is

12  amended to read:

13         366.8255  Environmental cost recovery.--

14         (1)  As used in this section, the term:

15         (a)  "Electric utility" or "utility" means any

16  investor-owned electric utility that owns, maintains, or

17  operates an electric generation, transmission, or distribution

18  system within the State of Florida and that is regulated under

19  this chapter.

20         (b)  "Commission" means the Florida Public Service

21  Commission.

22         (c)  "Environmental laws or regulations" includes all

23  federal, state, or local statutes, administrative regulations,

24  orders, ordinances, resolutions, or other requirements that

25  apply to electric utilities and are designed to protect the

26  environment.

27         (d)  "Environmental compliance costs" includes all

28  costs or expenses incurred by an electric utility in complying

29  with environmental laws or regulations, including but not

30  limited to:

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1142
    312-1966-02




  1         1.  Inservice capital investments, including the

  2  electric utility's last authorized rate of return on equity

  3  thereon;

  4         2.  Operation and maintenance expenses;

  5         3.  Fuel procurement costs;

  6         4.  Purchased power costs;

  7         5.  Emission allowance costs; and

  8         6.  Direct taxes on environmental equipment; and

  9         7.  Costs or expenses prudently incurred by an electric

10  utility pursuant to an agreement entered into prior to January

11  1, 2003, between the electric utility and the Florida

12  Department of Environmental Protection or the United States

13  Environmental Protection Agency for the purpose of ensuring

14  compliance with ozone ambient air quality standards by an

15  electrical generating facility owned by the electric utility.

16         (2)  An electric utility may submit to the commission a

17  petition describing the utility's proposed environmental

18  compliance activities and projected environmental compliance

19  costs in addition to any Clean Air Act compliance activities

20  and costs shown in a utility's filing under s. 366.825. If

21  approved, the commission shall allow recovery of the utility's

22  prudently incurred environmental compliance costs, including

23  the costs incurred in compliance with the Clean Air Act, and

24  any amendments thereto or any change in the application or

25  enforcement thereof, through an environmental compliance

26  cost-recovery factor that is separate and apart from the

27  utility's base rates. An adjustment for the level of costs

28  currently being recovered through base rates or other

29  rate-adjustment clauses must be included in the filing.

30         (3)  The environmental compliance cost-recovery factor

31  must be set periodically, but at least annually, based on

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1142
    312-1966-02




  1  projections of the utility's environmental compliance costs

  2  during the forthcoming recovery period, and must be adjusted

  3  for variations in line losses.  The environmental compliance

  4  cost-recovery factor must provide for periodic true-up of the

  5  utility's actual environmental compliance costs with the

  6  projections on which past factors have been set, and must

  7  further require that any refund or collection made as part of

  8  the true-up process include interest.

  9         (4)  Environmental compliance costs recovered through

10  the environmental cost-recovery factor shall be allocated to

11  the customer classes using the criteria set out in s.

12  366.06(1), taking into account the manner in which similar

13  types of investment or expense were allocated in the company's

14  last rate case.

15         (5)  Recovery of environmental compliance costs under

16  this section does not preclude inclusion of such costs in base

17  rates in subsequent rate proceedings, if that inclusion is

18  necessary and appropriate; however, any costs recovered in

19  base rates may not also be recovered in the environmental

20  cost-recovery clause.

21         Section 2.  This act shall take effect upon becoming a

22  law.

23

24

25

26

27

28

29

30

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1142
    312-1966-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1142

  3

  4  The committee substitute adds an additional category to the
    list of expenses that are recoverable through the
  5  environmental compliance cost-recovery factor that is separate
    from the utility's base rates. Included would be costs or
  6  expenses prudently incurred by an electric utility pursuant to
    an agreement entered into prior to January 1, 2003, between
  7  the electric utility and the Department of Environmental
    Protection or the U.S. Environmental Protection Agency for the
  8  purpose of ensuring compliance with ozone ambient air quality
    standards by an electrical generating facility owned by the
  9  electric utility.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.