Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1102
       
       
       
       
       
       
                                Ì663596UÎ663596                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/24/2015           .                                
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       The Committee on Communications, Energy, and Public Utilities
       (Hukill) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 101 - 367
    4  and insert:
    5         (c) “Customer” means a person receiving water or wastewater
    6  service from a publicly owned utility.
    7         (d) “Finance” or “financing” includes refinancing.
    8         (e) “Financing cost” means:
    9         1. Interest and redemption premiums that are payable on
   10  utility cost containment bonds;
   11         2. The cost of retiring the principal of utility cost
   12  containment bonds, whether at maturity, including acceleration
   13  of maturity upon an event of default, or upon redemption,
   14  including sinking fund redemption;
   15         3. The cost related to issuing or servicing utility cost
   16  containment bonds, including any payment under an interest rate
   17  swap agreement and any type of fee;
   18         4. A payment or expense associated with a bond insurance
   19  policy; financial guaranty; contract, agreement, or other credit
   20  or liquidity enhancement for bonds; or contract, agreement, or
   21  other financial agreement entered into in connection with
   22  utility cost containment bonds;
   23         5. Any coverage charges; or
   24         6. The funding of one or more reserve accounts relating to
   25  utility cost containment bonds.
   26         (f) “Financing resolution” means a resolution adopted by
   27  the governing body of an authority that provides for the
   28  financing or refinancing of a utility project with utility cost
   29  containment bonds and that imposes a utility project charge in
   30  connection with the utility cost containment bonds in accordance
   31  with subsection (4). A financing resolution may be separate from
   32  a resolution authorizing the issuance of the bonds.
   33         (g) “Governing body” means the body that governs a local
   34  agency.
   35         (h) “Local agency” means a member of the authority, or an
   36  agency or subdivision of that member, that is sponsoring or
   37  refinancing a utility project, or any municipality, county,
   38  authority, special district, public corporation, regional water
   39  authority, or other governmental entity of the state that is
   40  sponsoring or refinancing a utility project.
   41         (i) “Public utility services” means water or wastewater
   42  services provided by a publicly owned utility. The term does not
   43  include communications services, as defined in s. 202.11,
   44  Florida Statutes, Internet access services, or information
   45  services.
   46         (j) “Publicly owned utility” means a utility providing
   47  retail or wholesale water or wastewater services that is owned
   48  and operated by a local agency. The term includes any successor
   49  to the powers and functions of such a utility.
   50         (k) “Revenue” means income and receipts of the authority
   51  related to the financing of utility projects and issuance of
   52  utility cost containment bonds, including any of the following:
   53         1. Bond purchase agreements;
   54         2. Bonds acquired by the authority;
   55         3. Installment sales agreements and other revenue-producing
   56  agreements entered into by the authority;
   57         4. Utility projects financed or refinanced by the
   58  authority;
   59         5. Grants and other sources of income;
   60         6. Moneys paid by a local agency;
   61         7. Interlocal agreements with a local agency, including all
   62  service agreements; or
   63         8. Interest or other income from any investment of money in
   64  any fund or account established for the payment of principal,
   65  interest, or premiums on utility cost containment bonds, or the
   66  deposit of proceeds of utility cost containment bonds.
   67         (l) “Utility cost containment bonds” means bonds, notes,
   68  commercial paper, variable rate securities, and any other
   69  evidence of indebtedness issued by an authority the proceeds of
   70  which are used directly or indirectly to pay or reimburse a
   71  local agency or its publicly owned utility for the costs of a
   72  utility project and which are secured by a pledge of, and are
   73  payable from, utility project property.
   74         (m) “Utility project” means the acquisition, construction,
   75  installation, retrofitting, rebuilding, or other addition to or
   76  improvement of any equipment, device, structure, process,
   77  facility, technology, rights, or property located within or
   78  outside this state which is used in connection with the
   79  operations of a publicly owned utility.
   80         (n) “Utility project charge” means a charge levied on
   81  customers of a publicly owned utility to pay the financing costs
   82  of utility cost containment bonds issued under subsection (4).
   83  The term includes any adjustments to the utility project charge
   84  under subsection (5).
   85         (o) “Utility project property” means the property right
   86  created pursuant to subsection (6). The term does not include
   87  any interest in a customer’s real or personal property but
   88  includes the right, title, and interest of an authority in any
   89  of the following:
   90         1. The financing resolution, the utility project charge,
   91  and any adjustment to the utility project charge established in
   92  accordance with subsection (5);
   93         2. The financing costs of the utility cost containment
   94  bonds and all revenues, and all collections, claims, payments,
   95  moneys, or proceeds for, or arising from, the utility project
   96  charge; or
   97         3. All rights to obtain adjustments to the utility project
   98  charge pursuant to subsection (5).
   99         (3) UTILITY PROJECTS.—
  100         (a) A local agency that owns and operates a publicly owned
  101  utility may apply to an authority to finance the costs of a
  102  utility project using the proceeds of utility cost containment
  103  bonds. In its application to the authority, the local agency
  104  shall specify the utility project to be financed by the utility
  105  cost containment bonds and the maximum principal amount, the
  106  maximum interest rate, and the maximum stated terms of the
  107  utility cost containment bonds.
  108         (b) A local agency may not apply to an authority for the
  109  financing of a utility project under this section unless the
  110  governing body has determined, in a duly noticed public meeting,
  111  all of the following:
  112         1. The project to be financed is a utility project.
  113         2. The local agency will finance costs of the utility
  114  project, and the costs associated with the financing will be
  115  paid from utility project property, including the utility
  116  project charge for the utility cost containment bonds.
  117         3. Based on the best information available to the governing
  118  body, the rates charged to the local agency’s retail customers
  119  by the publicly owned utility, including the utility project
  120  charge resulting from the financing of the utility project with
  121  utility cost containment bonds, are expected to be lower than
  122  the rates that would be charged if the project were financed
  123  with bonds payable from revenues of the publicly owned utility.
  124         (c) A determination by the governing body that a project to
  125  be financed with utility cost containment bonds is a utility
  126  project is final and conclusive, and the utility cost
  127  containment bonds issued to finance the utility project and the
  128  utility project charge shall be valid and enforceable as set
  129  forth in the financing resolution and the documents relating to
  130  the utility cost containment bonds.
  131         (d) If a local agency that has outstanding utility cost
  132  containment bonds ceases to operate a water or wastewater
  133  utility, directly or through its publicly owned utility,
  134  references in this section to the local agency or to its
  135  publicly owned utility shall be to the successor entity. The
  136  successor entity shall assume and perform all obligations of the
  137  local agency and its publicly owned utility required by this
  138  section and shall assume the servicing agreement required under
  139  subsection (4) while the utility cost containment bonds remain
  140  outstanding.
  141         (4) FINANCING UTILITY PROJECTS.—
  142         (a) An authority may issue utility cost containment bonds
  143  to finance or refinance utility projects; refinance debt of a
  144  local agency incurred in financing or refinancing utility
  145  projects, provided such refinancing results in present value
  146  savings to the local agency; or, with the approval of the local
  147  agency, refinance previously issued utility cost containment
  148  bonds.
  149         1. To finance a utility project, the authority may:
  150         a. Form a single-purpose limited liability company and
  151  authorize the company to adopt the financing resolution of such
  152  utility project; or
  153         b. Create a new single-purpose entity by interlocal
  154  agreement under s. 163.01, Florida Statutes, the membership of
  155  which shall consist of the authority and two or more of its
  156  members or other public agencies.
  157         2. A single-purpose limited liability company or a single
  158  purpose entity may be created by the authority solely for the
  159  purpose of performing the duties and responsibilities of the
  160  authority specified in this section and shall constitute an
  161  authority for all purposes of this section. Reference to the
  162  authority includes a company or entity created under this
  163  paragraph.
  164         (b) The governing body of an authority that is financing
  165  the costs of a utility project shall adopt a financing
  166  resolution and shall impose a utility project charge as
  167  described in subsection (5). All provisions of a financing
  168  resolution adopted pursuant to this section are binding on the
  169  authority.
  170         1. The financing resolution must:
  171         a. Provide a brief description of the financial calculation
  172  method the authority will use in determining the utility project
  173  charge. The calculation method shall include a periodic
  174  adjustment methodology to be applied at least annually to the
  175  utility project charge. The authority shall establish the
  176  allocation of the utility project charge among classes of
  177  customers of the publicly owned utility. The decision of the
  178  authority shall be final and conclusive, and the method of
  179  calculating the utility project charge and the periodic
  180  adjustment may not be changed;
  181         b. Require each customer in the class or classes of
  182  customers specified in the financing resolution who receives
  183  water or wastewater service through the publicly owned utility
  184  to pay the utility project charge regardless of whether the
  185  customer has an agreement to receive water or wastewater service
  186  from a person other than the publicly owned utility;
  187         c. Require that the utility project charge be charged
  188  separately from other charges on the bill of customers of the
  189  publicly owned utility in the class or classes of customers
  190  specified in the financing resolution; and
  191         d. Require that the authority enter into a servicing
  192  agreement with the local agency or its publicly owned utility to
  193  collect the utility project charge.
  194         2. The authority may require in the financing resolution
  195  that, in the event of a default by the local agency or its
  196  publicly owned utility with respect to revenues from the utility
  197  project property, the authority, upon application by the
  198  beneficiaries of the statutory lien as set forth in subsection
  199  (6), shall order the sequestration and payment to the
  200  beneficiaries of revenues arising from utility project property.
  201  This subparagraph does not limit any other remedies available to
  202  the beneficiaries by reason of default.
  203         (c) An authority has all the powers provided in this
  204  section and s. 163.01(7)(g), Florida Statutes.
  205         (d) Each authority shall work with local agencies that
  206  request assistance to determine the most cost-effective manner
  207  of financing regional water projects. If the entities determine
  208  that the issuance of utility cost containment bonds will result
  209  in lower financing costs for a project, the authority shall
  210  cooperate with such local agencies and, if requested by the
  211  local agencies, issue utility cost containment bonds as provided
  212  in this section.
  213         (5) UTILITY PROJECT CHARGE.—
  214         (a) The authority shall impose a sufficient utility project
  215  charge, based on estimates of water or wastewater service usage,
  216  to ensure timely payment of all financing costs with respect to
  217  utility cost containment bonds. The local agency or its publicly
  218  owned utility shall provide the authority with information
  219  concerning the publicly owned utility which may be required by
  220  the authority in establishing the utility project charge.
  221         (b) The utility project charge is a nonbypassable charge to
  222  all present and future customers of the publicly owned utility
  223  in the class or classes of customers specified in the financing
  224  resolution upon its adoption. If a customer of a publicly owned
  225  utility that is subject to a utility project charge enters into
  226  an agreement to purchase water or wastewater service from a
  227  supplier other than the publicly owned utility, the customer
  228  remains liable for the payment of the utility project charge if
  229  the customer has received any service or benefit from the
  230  publicly owned utility after the date the utility project charge
  231  was imposed.
  232         (c) The authority shall determine at least annually and at
  233  such additional intervals as provided in the financing
  234  resolution and documents related to the applicable utility cost
  235  containment bonds whether adjustments to the utility project
  236  charge are required. The authority shall use the adjustment to
  237  correct for any overcollection or undercollection of financing
  238  costs from the utility project charge or to make any other
  239  adjustment necessary to ensure the timely payment of the
  240  financing costs of the utility cost containment bonds, including
  241  adjustment of the utility project charge to pay any debt service
  242  coverage requirement for the utility cost containment bonds. The
  243  local agency or its publicly owned utility shall provide the
  244  authority with information concerning the publicly owned utility
  245  which may be required by the authority in adjusting the utility
  246  project charge.
  247         1. If the authority determines that an adjustment to the
  248  utility project charge is required, the adjustment shall be made
  249  using the methodology specified in the financing resolution.
  250         2. The adjustment may not impose the utility project charge
  251  on a class of customers that was not subject to the utility
  252  project charge pursuant to the financing resolution imposing the
  253  utility project charge.
  254         (d) Revenues from a utility project charge are special
  255  revenues of the authority and do not constitute revenue of the
  256  local agency or its publicly owned utility for any purpose,
  257  including any dedication, commitment, or pledge of revenue,
  258  receipts, or other income that the local agency or its publicly
  259  owned utility has made or will make for the security of any of
  260  its obligations.
  261         (e) The local agency or its publicly owned utility shall
  262  act as a servicing agent for collecting the utility project
  263  charge throughout the duration of the servicing agreement
  264  required by the financing resolution. The local agency or its
  265  publicly owned utility shall hold the money collected in trust
  266  for the exclusive benefit of the persons entitled to have the
  267  financing costs paid from the utility project charge, and the
  268  money does not lose its designation as revenues of the authority
  269  by virtue of possession by the local agency or its publicly
  270  owned utility.
  271         (f) The customer must make timely and complete payment of
  272  all utility project charges as a condition of receiving water or
  273  wastewater service from the publicly owned