Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 2078
                                Barcode 539836                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/04/2011           .                                

       The Committee on Communications, Energy, and Public Utilities
       (Benacquisto) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 45 and 46
    4  insert:
    5         Section 1. Section 366.051, Florida Statutes, is amended to
    6  read:
    7         366.051 Cogeneration; small power production; commission
    8  jurisdiction.—Electricity produced by cogeneration and small
    9  power production, including that produced by individual property
   10  owners using rooftop solar equipment, is of benefit to the
   11  public when included as part of the total energy supply of the
   12  entire electric grid of the state or consumed by a cogenerator
   13  or small power producer. To empower individual property owners
   14  to invest in renewable energy alternatives on their own property
   15  so that they may reduce their individual energy cost and
   16  consumption of fossil fuels, utilities are required to purchase
   17  the excess electrical output generated by any property owner
   18  within its service area who has installed rooftop solar
   19  equipment. The electric utility in whose service area a
   20  cogenerator or small power producer is located shall purchase,
   21  in accordance with applicable law, all electricity offered for
   22  sale by such cogenerator or small power producer; or the
   23  cogenerator or small power producer may sell such electricity to
   24  any other electric utility in the state. The commission shall
   25  establish guidelines relating to the purchase of power or energy
   26  by public utilities from cogenerators or small power producers
   27  and may set rates at which a public utility must purchase power
   28  or energy from a cogenerator or small power producer. In fixing
   29  rates for power purchased by public utilities from cogenerators
   30  or small power producers, the commission shall authorize a rate
   31  equal to the purchasing utility’s full avoided costs. A
   32  utility’s “full avoided costs” are the incremental costs to the
   33  utility of the electric energy or capacity, or both, which, but
   34  for the purchase from cogenerators or small power producers,
   35  such utility would generate itself or purchase from another
   36  source. The commission may use a statewide avoided unit when
   37  setting full avoided capacity costs. If the cogenerator or small
   38  power producer provides adequate security, based on its
   39  financial stability, and no costs in excess of full avoided
   40  costs are likely to be incurred by the electric utility over the
   41  term during which electricity is to be provided, the commission
   42  shall authorize the levelization of payments and the elimination
   43  of discounts due to risk factors in determining the rates.
   44  Public utilities shall provide transmission or distribution
   45  service to enable a retail customer to transmit electrical power
   46  generated by the customer at one location to the customer’s
   47  facilities at another location, if the commission finds that the
   48  provision of this service, and the charges, terms, and other
   49  conditions associated with the provision of this service, are
   50  not likely to result in higher cost electric service to the
   51  utility’s general body of retail and wholesale customers or
   52  adversely affect the adequacy or reliability of electric service
   53  to all customers. Notwithstanding any other provision of law,
   54  power generated by the customer and provided by the utility to
   55  the customers’ facility at another location is subject to the
   56  gross receipts tax imposed under s. 203.01 and the use tax
   57  imposed under s. 212.06. Such taxes shall apply at the time the
   58  power is provided at such other location and shall be based upon
   59  the cost price of such power as provided in s. 212.06(1)(b).
   61  ================= T I T L E  A M E N D M E N T ================
   62         And the title is amended as follows:
   63         Delete line 2
   64  and insert:
   65         An act relating to energy; amending s. 366.051, F.S.;
   66         requiring a utility to purchase excess electrical
   67         output generated by any property owner’s rooftop solar
   68         equipment within its service area; amending s. 366.82,
   69         F.S.;