Bill No. HB 7135
Amendment No. 902519
Senate House

1Representative Mayfield offered the following:
3     Amendment (with title amendment)
4     Remove lines 1973-2037 and insert:
5     (9)  The commission is authorized to allow an investor-
6owned electric utility an additional return on equity of up to
750 basis points for exceeding 20 percent of their annual load-
8growth through energy efficiency and conservation measures. The
9additional return on equity shall be established by the
10commission through a limited proceeding.
11     (10)(4)  The commission shall require periodic reports from
12each utility and shall provide the Legislature and the Governor
13with an annual report by March 1 of the goals it has adopted and
14its progress toward meeting those goals. The commission shall
15also consider the performance of each utility pursuant to ss.
16366.80-366.85 and 403.519 when establishing rates for those
17utilities over which the commission has ratesetting authority.
18     (11)(5)  The commission shall require each utility to
19offer, or to contract to offer, energy audits to its residential
20customers. This requirement need not be uniform, but may be
21based on such factors as level of usage, geographic location, or
22any other reasonable criterion, so long as all eligible
23customers are notified. The commission may extend this
24requirement to some or all commercial customers. The commission
25shall set the charge for audits by rule, not to exceed the
26actual cost, and may describe by rule the general form and
27content of an audit. In the event one utility contracts with
28another utility to perform audits for it, the utility for which
29the audits are performed shall pay the contracting utility the
30reasonable cost of performing the audits. Each utility over
31which the commission has ratesetting authority shall estimate
32its costs and revenues for audits, conservation programs, and
33implementation of its plan for the immediately following 6-month
34period. Reasonable and prudent unreimbursed costs projected to
35be incurred, or any portion of such costs, may be added to the
36rates which would otherwise be charged by a utility upon
37approval by the commission, provided that the commission shall
38not allow the recovery of the cost of any company image-
39enhancing advertising or of any advertising not directly related
40to an approved conservation program. Following each 6-month
41period, each utility shall report the actual results for that
42period to the commission, and the difference, if any, between
43actual and projected results shall be taken into account in
44succeeding periods. The state plan as submitted for
45consideration under the National Energy Conservation Policy Act
46shall not be in conflict with any state law or regulation.
47     (12)(6)(a)  Notwithstanding the provisions of s. 377.703,
48the commission shall be the responsible state agency for
49performing, coordinating, implementing, or administering the
50functions of the state plan submitted for consideration under
51the National Energy Conservation Policy Act and any acts
52amendatory thereof or supplemental thereto and for performing,
53coordinating, implementing, or administering the functions of
54any future federal program delegated to the state which relates
55to consumption, utilization, or conservation of electricity or
56natural gas; and the commission shall have exclusive
57responsibility for preparing all reports, information, analyses,
58recommendations, and materials related to consumption,
59utilization, or conservation of electrical energy which are
60required or authorized by s. 377.703.
61     (b)  The Executive Office of the Governor shall be a party
62in the proceedings to adopt goals and shall file with the
63commission comments on the proposed goals including, but not
64limited to:
65     1.  An evaluation of utility load forecasts, including an
66assessment of alternative supply and demand side resource
68     2.  An analysis of various policy options which can be
69implemented to achieve a least-cost strategy.
70     (13)(7)  The commission shall establish all minimum
71requirements for energy auditors used by each utility. The
72commission is authorized to contract with any public agency or
73other person to provide any training, testing, evaluation, or
74other step necessary to fulfill the provisions of this
T I T L E  A M E N D M E N T
80     Remove line 173 and insert:
81and penalties; authorizing the commission to allow an investor-
82owned utility to earn an additional return on equity for
83exceeding energy efficiency and conservation goals; amending s.
84366.8255, F.S.; redefining the

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