Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 1154
       
       
       
       
       
       
                                Barcode 822572                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                 Floor: WD/2R          .                                
             04/28/2009 04:13 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator King moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 46 and 47
    4  insert:
    5         Section 1. Subsection (1) of section 366.8255, Florida
    6  Statutes, is amended to read:
    7         366.8255 Environmental cost recovery.—
    8         (1) As used in this section, the term:
    9         (a) “Electric utility” or “utility” means any investor
   10  owned electric utility that owns, maintains, or operates an
   11  electric generation, transmission, or distribution system within
   12  the State of Florida and that is regulated under this chapter.
   13         (b) “Commission” means the Florida Public Service
   14  Commission.
   15         (c) “Environmental laws or regulations” includes all
   16  federal, state, or local statutes, administrative regulations,
   17  orders, ordinances, resolutions, or other requirements that
   18  apply to electric utilities and are designed to protect the
   19  environment, including any federal or Florida law that requires
   20  an electric utility to provide electricity from renewable
   21  energy.
   22         (d) “Environmental compliance costs” includes all costs or
   23  expenses incurred by an electric utility in complying with
   24  environmental laws or regulations, including, but not limited
   25  to:
   26         1. Inservice capital investments, including the electric
   27  utility’s last authorized rate of return on equity thereon.
   28         2. Operation and maintenance expenses.
   29         3. Fuel procurement costs.
   30         4. Purchased power costs.
   31         5. Emission allowance costs.
   32         6. Direct taxes on environmental equipment.
   33         7. Costs or expenses prudently incurred by an electric
   34  utility pursuant to an agreement entered into on or after the
   35  effective date of this act and prior to October 1, 2002, between
   36  the electric utility and the Florida Department of Environmental
   37  Protection or the United States Environmental Protection Agency
   38  for the exclusive purpose of ensuring compliance with ozone
   39  ambient air quality standards by an electrical generating
   40  facility owned by the electric utility.
   41         8. Costs or expenses prudently incurred for the
   42  quantification, reporting, and third-party verification as
   43  required for participation in greenhouse gas emission registries
   44  for greenhouse gases as defined in s. 403.44.
   45         9. Costs or expenses prudently incurred for scientific
   46  research and geological assessments of carbon capture and
   47  storage conducted in this state for the purpose of reducing an
   48  electric utility’s greenhouse gas emissions when such costs or
   49  expenses are incurred in joint research projects with Florida
   50  state government agencies and Florida state universities.
   51         10.Costs or expenses prudently incurred to comply with any
   52  environmental laws or regulations requiring that any portion of
   53  the electric utility’s energy sales, demand or other measures of
   54  the provision of electricity to its customers, be derived from
   55  renewable energy, however defined, either produced by the
   56  electric utility itself or purchased from another source, or
   57  through credits purchased to comply in whole or in part with
   58  such provisions, including costs or expenses associated with
   59  setting up and participating in a market or other mechanisms for
   60  trading such renewable energy credits.
   61  
   62  ================= T I T L E  A M E N D M E N T ================
   63         And the title is amended as follows:
   64         Delete line 2
   65  and insert:
   66         An act relating to energy; amending s. 366.8255, F.S.;
   67         revising definitions relating to environmental cost
   68         recovery; amending s. 366.92, F.S.;