Florida Senate - 2011                       CS for CS for SB 950
       
       
       
       By the Committees on Communications, Energy, and Public
       Utilities; and Environmental Preservation and Conservation; and
       Senator Bennett
       
       
       579-04274A-11                                          2011950c2
    1                        A bill to be entitled                      
    2         An act relating to water and wastewater utilities;
    3         creating s. 367.0819, F.S.; providing for the recovery
    4         of costs through a surcharge for certain water and
    5         wastewater system improvement projects; defining the
    6         term “nonrevenue-producing project”; requiring
    7         utilities to submit surcharge tariffs reflecting the
    8         surcharge calculation for recovery of such costs to
    9         the Florida Public Service Commission for approval and
   10         to provide specified notice of such surcharge tariff
   11         filings; requiring the utility to file a sworn
   12         affirmation as to the accuracy of the figures and
   13         calculations; providing for penalties; requiring the
   14         utility to submit an annual report regarding the rate
   15         of return to the commission; allowing the commission
   16         to order the utility to make refunds, with interest,
   17         under certain circumstances; requiring that the
   18         surcharge notice be presented as a separate line item
   19         on the customer’s bill; specifying a limitation on the
   20         surcharge amount; providing requirements for billing,
   21         reconciliation, and quarterly adjustment of the
   22         surcharge; specifying a limitation on the recovery of
   23         project costs; providing project eligibility criteria;
   24         specifying water and wastewater treatment criteria;
   25         providing requirements for notice, maintenance, and
   26         availability of certain records; authorizing the
   27         commission to review specified projects; providing
   28         that the surcharge is subject to refund under certain
   29         conditions; amending s. 180.191, F.S.; providing an
   30         exemption from the rate-setting methodology used to
   31         set water and wastewater utility rates for consumers
   32         outside the boundaries of a municipality supplying the
   33         water or wastewater services; providing an effective
   34         date.
   35  
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Section 367.0819, Florida Statutes, is created
   39  to read:
   40         367.0819Recovery of costs for system improvement
   41  projects.—
   42         (1)(a)In order to promote utility investment in system
   43  improvement projects, the commission shall allow a utility to
   44  recover prudently incurred capital costs related to nonrevenue
   45  producing projects to enhance water quality, fire protection
   46  reliability, and long-term system viability through a surcharge
   47  collected pursuant to this section. The costs of existing or new
   48  facilities to serve new customers are not recoverable through
   49  this surcharge.
   50         (b)For purposes of this section, the term “nonrevenue
   51  producing project” means a project that is not constructed or
   52  installed for the purpose of serving a new customer.
   53         (2)A utility seeking to establish a surcharge pursuant to
   54  this section must:
   55         (a)Submit, for commission approval, the proposed surcharge
   56  tariff establishing a formula for the calculation of rates
   57  reflecting the surcharge, which rates provide for recovery of
   58  depreciation and return on investment for each eligible project.
   59  The return on investment for each eligible project must be based
   60  on the utility’s last authorized pretax rate of return. The
   61  surcharge must be calculated, applied, and recovered in
   62  accordance with the utility’s last authorized rate structure.
   63  Until the surcharge is reset pursuant to paragraph (3)(d), the
   64  total cumulative amount of the surcharge revenue recovered by
   65  the utility may not exceed 8 percent of the utility’s total
   66  revenues, excluding revenues collected through the surcharge,
   67  for the preceding calendar year.
   68         (b)Provide notice by mail of the initial surcharge tariff
   69  filing to each customer in the affected service areas and
   70  publish notice of the surcharge filing in a newspaper of general
   71  circulation in the affected service areas.
   72         (c)1.Before implementing a surcharge under this section,
   73  file a sworn affirmation as to the accuracy of the figures and
   74  calculations upon which surcharge or any adjustment thereto is
   75  based, stating that the change in rates will not cause the
   76  utility to exceed the range of its last authorized rate of
   77  return on equity. Whoever makes a false statement in the
   78  affirmation required under this subparagraph, which statement he
   79  or she does not believe to be true in regard to any material
   80  matter, commits a felony of the third degree, punishable as
   81  provided in s. 775.082, s. 775.083, or s. 775.084.
   82         2. If, within 15 months after the filing of a utility’s
   83  annual report required by s. 367.121, the commission finds that
   84  the utility exceeded the range of its last authorized rate of
   85  return on equity after the implementation of the surcharge
   86  authorized by this section within the year for which the report
   87  was filed, the commission may order the utility to refund, with
   88  interest, the difference to the ratepayers and adjust rates
   89  accordingly. This provision does require a bond or corporate
   90  undertaking in order for the utility to implement the surcharge.
   91         (3)A surcharge established pursuant to this section shall
   92  be:
   93         (a)Presented as a separate line item on the customer’s
   94  bill and billed in accordance with the billing cycle in the
   95  utility’s approved tariff. Any changes in the surcharge must be
   96  reflected on the first bill the customer receives following the
   97  change of the surcharge.
   98         (b)Revaluated, and if necessary adjusted, on a quarterly
   99  basis to reflect the costs of eligible projects placed into
  100  service. The utility shall file the supporting data to increase
  101  or reduce the surcharge with the commission for each
  102  revaluation, along with a sworn affirmation required by
  103  subparagraph (2)(c)1.
  104         (c)Subject to an annual reconciliation of revenues and
  105  costs based on a reconciliation period of 12 months, such period
  106  to begin on the date the surcharge tariff is approved. Within 30
  107  days after the end of each reconciliation period, the utility
  108  shall file with the commission, and deliver to the Office of
  109  Public Counsel, a reconciliation report that compares the actual
  110  surcharge revenues received and the actual eligible costs
  111  incurred by the utility during the prior period, along with the
  112  sworn affirmation required by subparagraph (2)(c)1. A
  113  reconciliation report filed in accordance with these
  114  requirements shall be administratively approved by the
  115  commission without hearing within 45 days after filing. The
  116  difference between revenue and costs shall be recovered or
  117  refunded, as appropriate, by the utility without hearing as an
  118  automatic adjustment to the subsequent surcharge calculation.
  119  Revenues in excess of system-improvement costs shall be refunded
  120  with interest to customers pursuant to the commission’s rule on
  121  interest for water and wastewater utilities.
  122         (d)Reset at zero as of the effective date of new base
  123  rates that provide for prospective recovery of the costs that
  124  had previously been recovered under the surcharge. Thereafter,
  125  only the costs of new eligible projects that have not previously
  126  been included in the base rate of the utility shall be reflected
  127  in the surcharge.
  128         (4)Recovery of project costs pursuant to this section does
  129  not preclude such costs from being included in base rates in
  130  subsequent rate proceedings. However, a project cost recovered
  131  in base rates may not be recovered through a surcharge
  132  established pursuant to this section.
  133         (5)A project is eligible for recovery of costs through the
  134  surcharge if it is:
  135         (a)Completed and placed into service after the test year
  136  upon which base rates were last established by the commission
  137  for the utility; and
  138         (b)For the construction of nonrevenue-producing
  139  improvement projects that are used for the production,
  140  treatment, transmission, storage, distribution, or provision of
  141  potable or recycled water to the public or for the collection,
  142  transportation, or disposal of wastewater for the public. Such
  143  projects may include, but are not limited to, water quality
  144  improvement projects designed to achieve primary or secondary
  145  water standards as determined by the Department of Environmental
  146  Protection, the United States Environmental Protection Agency,
  147  or any other governmental entity having similar regulatory
  148  jurisdiction; wastewater quality improvement projects; main,
  149  service line, and valve replacement projects; main relining and
  150  rehabilitation projects; fire and flushing hydrant installation
  151  and replacement projects; main extension to eliminate dead ends;
  152  interconnection projects; water, wastewater, and reuse meter
  153  installation and replacement projects; wastewater collection,
  154  replacement, relining, and rehabilitation projects; and manhole
  155  replacement and rehabilitation projects.
  156         (6)Water and wastewater treatment includes production of
  157  any sodium solution, excluding sodium hypochlorite, used in
  158  conjunction with the treatment process, but does not include the
  159  onsite manufacturing of liquid chlorine or bleach.
  160         (7)Upon approval of the surcharge tariff, the utility
  161  shall maintain and make available for public inspection during
  162  normal business hours at each utility location or on the
  163  utility’s website a detailed schedule for each completed
  164  project, including the plant account number and title, the
  165  category of the project, the project name and description, the
  166  cost of the project in the month of closing, and the month and
  167  year of closing. Notice of the availability of the schedules for
  168  public inspection shall be posted in each office of the utility.
  169         (8)The commission may review the prudence of all projects
  170  subject to the surcharge in the utility’s next base rate
  171  proceeding following the commission’s initial approval of the
  172  surcharge pursuant to subsection (2). Revenues from such
  173  surcharges are subject to refund if the commission subsequently
  174  determines that the costs of a project were not prudently
  175  incurred or that the project is not used and useful in the
  176  public service, and any such refund shall be made pursuant to
  177  the commission’s rule on refunds for water and wastewater
  178  utilities.
  179         Section 2. Subsection (5) is added to section 180.191,
  180  Florida Statutes, to read:
  181         180.191 Limitation on rates charged consumer outside city
  182  limits.—
  183         (5) Any water and wastewater utility customer outside the
  184  boundaries of a municipality that is located within a county
  185  having a population of more than 1.5 million persons, as
  186  reported in the most recent United States Decennial Census, that
  187  was incorporated after 2002, and that has a population in excess
  188  of 80,000 persons at the time of its incorporation, is exempt
  189  from the rate-setting methodology set forth in subsection (1)
  190  which otherwise applies to consumers outside the boundaries of
  191  the municipality that provides water or wastewater services.
  192         Section 3. This act shall take effect July 1, 2011.