Florida Senate - 2015                                     SB 288
       
       
        
       By Senator Latvala
       
       
       
       
       
       20-00475A-15                                           2015288__
    1                        A bill to be entitled                      
    2         An act relating to utilities regulation; amending s.
    3         350.01, F.S.; requiring the Florida Public Service
    4         Commission to hold public customer service meetings in
    5         certain service territories; requiring that specified
    6         meetings, workshops, hearings, or proceedings of the
    7         commission be streamed live and recorded copies be
    8         made available on the commission’s web page; amending
    9         s. 350.031, F.S.; requiring a person who lobbies a
   10         member of the Florida Public Service Commission
   11         Nominating Council to register as a lobbyist;
   12         reenacting and amending s. 350.041, F.S.; requiring
   13         public service commissioners to annually complete
   14         ethics training; providing applicability; amending s.
   15         350.042, F.S.; expanding the prohibition against ex
   16         parte communication to apply to any type of
   17         proceeding, workshop, or internal affairs meeting and
   18         to any matter that the commissioner or other person
   19         knows or reasonably expects will be filed within a
   20         certain timeframe; deleting an exemption from this
   21         prohibition for oral communications or discussions in
   22         scheduled and noticed open public meetings of
   23         educational programs or of a conference or other
   24         meeting of an association of regulatory agencies;
   25         requiring the Governor to remove from office any
   26         commissioner found to have violated the ex parte
   27         statute; amending s. 350.0611, F.S.; authorizing the
   28         Public Counsel to be a party to settlement agreements
   29         in any proceeding before the commission in which he or
   30         she has participated as a party; prohibiting a
   31         settlement agreement to which the Public Counsel is
   32         not a party from being submitted to or approved by the
   33         Florida Public Service Commission; amending s. 366.05,
   34         F.S.; limiting the use of tiered rates in conjunction
   35         with extended billing periods; limiting deposit
   36         amounts; requiring a utility to notify each customer
   37         if it has more than one rate for any customer class;
   38         requiring the utility to provide good faith assistance
   39         to the customer in determining the best rate;
   40         assigning responsibility to the customer for the rate
   41         selection; requiring that the commission approve a
   42         tariff and a change to an existing tariff; amending s.
   43         366.82, F.S.; requiring that money received by a
   44         utility for the development of demand-side renewable
   45         energy systems be used solely for that purpose;
   46         reenacting ss. 403.537 and 403.9422, F.S., relating to
   47         determination of need for electric and natural gas
   48         transmission lines, respectively; reenacting s.
   49         350.043, F.S., relating to the enforcement and
   50         interpretation of laws relating to the commission;
   51         providing an effective date.
   52          
   53  Be It Enacted by the Legislature of the State of Florida:
   54  
   55         Section 1. Subsections (8), (9), and (10) are added to
   56  section 350.01, Florida Statutes, to read:
   57         350.01 Florida Public Service Commission; terms of
   58  commissioners; vacancies; election and duties of chair; quorum;
   59  proceedings.—
   60         (8) At least annually, the commission shall hold a customer
   61  service meeting, open to the public, in the service territory of
   62  each public utility regulated by the commission which supplies
   63  electricity.
   64         (9) The commission shall hold a customer service meeting,
   65  open to the public, in the service territory of each water or
   66  wastewater utility that is subject to regulation under chapter
   67  367, upon receipt of a written request signed by at least 10
   68  percent of the customers of that utility. Such meeting shall be
   69  scheduled within a reasonable time after receipt of the request.
   70         (10)Each meeting, including an internal affairs meeting,
   71  workshop, hearing, or proceeding that is attended by two or more
   72  commissioners and each meeting, workshop, hearing, or proceeding
   73  at which a decision is made which concerns the rights or
   74  obligations of any person, shall be streamed live on the
   75  Internet, and a recorded copy of such meeting, workshop,
   76  hearing, or proceeding must be made available on the
   77  commission’s web page.
   78         Section 2. Subsection (10) is added to section 350.031,
   79  Florida Statutes, to read:
   80         350.031 Florida Public Service Commission Nominating
   81  Council.—
   82         (10) In keeping with the purpose of the council, which is
   83  to select nominees to be appointed to an arm of the legislative
   84  branch of government, a person who lobbies a member of the
   85  council, legislator or nonlegislator, must register as a
   86  lobbyist pursuant to s. 11.045 and comply with the requirements
   87  of that section.
   88         Section 3. Present subsection (3) of section 350.041,
   89  Florida Statutes, is reenacted and amended, and a new subsection
   90  (3) is added to that section, to read:
   91         350.041 Commissioners; standards of conduct.—
   92         (3) ETHICS TRAINING.—Beginning January 1, 2016, a
   93  commissioner must annually complete 4 hours of ethics training
   94  that addresses, at a minimum, s. 8, Art. II of the State
   95  Constitution, the Code of Ethics for Public Officers and
   96  Employees, and the public records and public meetings laws of
   97  this state. This requirement may be satisfied by completion of a
   98  continuing legal education class or other continuing
   99  professional education class, seminar, or presentation, if the
  100  required subjects are covered.
  101         (4) COMMISSION ON ETHICS.— (3)The Commission on Ethics
  102  shall accept and investigate any alleged violations of this
  103  section pursuant to the procedures contained in ss. 112.322
  104  112.3241. The Commission on Ethics shall provide the Governor
  105  and the Florida Public Service Commission Nominating Council
  106  with a report of its findings and recommendations. The Governor
  107  is authorized to enforce the findings and recommendations of the
  108  Commission on Ethics, pursuant to part III of chapter 112. A
  109  public service commissioner or a member of the Florida Public
  110  Service Commission Nominating Council may request an advisory
  111  opinion from the Commission on Ethics, pursuant to s.
  112  112.322(3)(a), regarding the standards of conduct or
  113  prohibitions set forth in this section and ss. 350.031, 350.04,
  114  and 350.042.
  115         Section 4. Subsections (1) and (3) and paragraph (b) of
  116  subsection (7) of section 350.042, Florida Statutes, are amended
  117  to read:
  118         350.042 Ex parte communications.—
  119         (1) A commissioner should accord to every person who is
  120  legally interested in a proceeding, or the person’s lawyer, full
  121  right to be heard according to law, and, except as authorized by
  122  law, shall neither initiate nor consider ex parte communications
  123  concerning the merits, threat, or offer of reward in any
  124  proceeding currently pending before the commission or which he
  125  or she knows or reasonably expects will be filed with the
  126  commission within 1 year after the date of any such
  127  communication other than a proceeding under s. 120.54 or s.
  128  120.565, workshops, or internal affairs meetings. An No
  129  individual may not shall discuss ex parte with a commissioner
  130  the merits of any issue that he or she knows will be filed with
  131  the commission within 1 year 90 days. The provisions of This
  132  subsection does shall not apply to commission staff.
  133         (3) This section does shall not apply to oral
  134  communications or discussions in scheduled and noticed open
  135  public meetings of the commission educational programs or of a
  136  conference or other meeting of an association of regulatory
  137  agencies.
  138         (7)
  139         (b) If the Commission on Ethics finds that there has been a
  140  violation of this section by a public service commissioner, it
  141  shall provide the Governor and the Florida Public Service
  142  Commission Nominating Council with a report of its findings and
  143  recommendations. The Governor shall remove from office a
  144  commissioner who violates this section and is authorized to
  145  enforce the findings and recommendations of the Commission on
  146  Ethics, pursuant to part III of chapter 112.
  147         Section 5. Section 350.0611, Florida Statutes, is amended
  148  to read:
  149         350.0611 Public Counsel; duties and powers.—It shall be the
  150  duty of the Public Counsel to provide legal representation for
  151  the people of the state in proceedings before the commission and
  152  in proceedings before counties pursuant to s. 367.171(8). The
  153  Public Counsel shall have such powers as are necessary to carry
  154  out the duties of his or her office, including, but not limited
  155  to, the following specific powers:
  156         (1) To recommend to the commission or the counties, by
  157  petition, the commencement of any proceeding or action or to
  158  appear, in the name of the state or its citizens, in any
  159  proceeding or action before the commission or the counties and
  160  urge therein any position which he or she deems to be in the
  161  public interest, whether consistent or inconsistent with
  162  positions previously adopted by the commission or the counties,
  163  and utilize therein all forms of discovery available to
  164  attorneys in civil actions generally, subject to protective
  165  orders of the commission or the counties which shall be
  166  reviewable by summary procedure in the circuit courts of this
  167  state;
  168         (2) To have access to and use of all files, records, and
  169  data of the commission or the counties available to any other
  170  attorney representing parties in a proceeding before the
  171  commission or the counties;
  172         (3) In any proceeding before the commission in which he or
  173  she has participated as a party, to be a party to a settlement
  174  agreement. If he or she is not a party to the settlement
  175  agreement, it may not be submitted to or approved by the
  176  commission;
  177         (4)(3) In any proceeding in which he or she has
  178  participated as a party, to seek review of any determination,
  179  finding, or order of the commission or the counties, or of any
  180  hearing examiner designated by the commission or the counties,
  181  in the name of the state or its citizens;
  182         (5)(4) To prepare and issue reports, recommendations, and
  183  proposed orders to the commission, the Governor, and the
  184  Legislature on any matter or subject within the jurisdiction of
  185  the commission, and to make such recommendations as he or she
  186  deems appropriate for legislation relative to commission
  187  procedures, rules, jurisdiction, personnel, and functions; and
  188         (6)(5) To appear before other state agencies, federal
  189  agencies, and state and federal courts in connection with
  190  matters under the jurisdiction of the commission, in the name of
  191  the state or its citizens.
  192         Section 6. Subsection (1) of section 366.05, Florida
  193  Statutes, is amended to read:
  194         366.05 Powers.—
  195         (1)(a) In the exercise of such jurisdiction, the commission
  196  shall have power to prescribe fair and reasonable rates and
  197  charges, classifications, standards of quality and measurements,
  198  including the ability to adopt construction standards that
  199  exceed the National Electrical Safety Code, for purposes of
  200  ensuring the reliable provision of service, and service rules
  201  and regulations to be observed by each public utility; to
  202  require repairs, improvements, additions, replacements, and
  203  extensions to the plant and equipment of any public utility when
  204  reasonably necessary to promote the convenience and welfare of
  205  the public and secure adequate service or facilities for those
  206  reasonably entitled thereto; to employ and fix the compensation
  207  for such examiners and technical, legal, and clerical employees
  208  as it deems necessary to carry out the provisions of this
  209  chapter; and to adopt rules pursuant to ss. 120.536(1) and
  210  120.54 to implement and enforce the provisions of this chapter.
  211         (b) If the commission authorizes a public utility to charge
  212  tiered rates based upon levels of usage and to vary the billing
  213  period, the utility may not charge a customer a higher rate
  214  because of an increase in usage attributable to an extension of
  215  the billing period.
  216         (c) Notwithstanding any commission rule to the contrary, a
  217  utility may not charge or receive a deposit in excess of the
  218  amounts specified in subparagraphs 1. and 2.
  219         1. For an existing customer, the total deposit cannot
  220  exceed the total charges for 2 months of average actual usage,
  221  calculated by adding the monthly charges from the 12-month
  222  period immediately before the date any change in the deposit
  223  amount is sought, dividing this total by 12, and multiplying the
  224  result by 2.
  225         2.For a new customer, the amount may not exceed 2 months
  226  of projected charges, calculated using the process specified in
  227  subparagraph 1. Once a new customer has had continuous service
  228  for a 12-month period, the amount of the deposit shall be
  229  recalculated, using actual usage data. Any difference between
  230  the projected and actual amounts must be resolved by the
  231  customer paying any additional amount due or the utility
  232  returning any overcharge.
  233         (d) If a utility has more than one rate for any customer
  234  class, it must notify each customer in that class of the
  235  available rates and explain how the rate is charged to the
  236  customer. If a customer contacts the utility seeking assistance
  237  in selecting the most advantageous rate, the utility must
  238  provide good faith assistance to the customer. The customer is
  239  responsible for charges for service calculated under the
  240  selected rate.
  241         (e) New tariffs and changes to an existing tariff must be
  242  approved by vote of the commission.
  243         Section 7. Subsection (2) of section 366.82, Florida
  244  Statutes, is amended to read:
  245         366.82 Definition; goals; plans; programs; annual reports;
  246  energy audits.—
  247         (2) The commission shall adopt appropriate goals for
  248  increasing the efficiency of energy consumption and increasing
  249  the development of demand-side renewable energy systems,
  250  specifically including goals designed to increase the
  251  conservation of expensive resources, such as petroleum fuels, to
  252  reduce and control the growth rates of electric consumption, to
  253  reduce the growth rates of weather-sensitive peak demand, and to
  254  encourage development of demand-side renewable energy resources.
  255  The commission may allow efficiency investments across
  256  generation, transmission, and distribution as well as
  257  efficiencies within the user base. Money received by a utility
  258  for implementation of measures to encourage development of
  259  demand-side renewable energy systems shall be used solely for
  260  such purpose.
  261         Section 8. For the purpose of incorporating the amendment
  262  made by this act to section 350.01, Florida Statutes, in a
  263  reference thereto, paragraph (a) of subsection (1) of section
  264  403.537, Florida Statutes, is reenacted to read:
  265         403.537 Determination of need for transmission line; powers
  266  and duties.—
  267         (1)(a) Upon request by an applicant or upon its own motion,
  268  the Florida Public Service Commission shall schedule a public
  269  hearing, after notice, to determine the need for a transmission
  270  line regulated by the Florida Electric Transmission Line Siting
  271  Act, ss. 403.52-403.5365. The notice shall be published at least
  272  21 days before the date set for the hearing and shall be
  273  published by the applicant in at least one-quarter page size
  274  notice in newspapers of general circulation, and by the
  275  commission in the manner specified in chapter 120, by giving
  276  notice to counties and regional planning councils in whose
  277  jurisdiction the transmission line could be placed, and by
  278  giving notice to any persons who have requested to be placed on
  279  the mailing list of the commission for this purpose. Within 21
  280  days after receipt of a request for determination by an
  281  applicant, the commission shall set a date for the hearing. The
  282  hearing shall be held pursuant to s. 350.01 within 45 days after
  283  the filing of the request, and a decision shall be rendered
  284  within 60 days after such filing.
  285         Section 9. For the purpose of incorporating the amendment
  286  made by this act to section 350.01, Florida Statutes, in a
  287  reference thereto, paragraph (a) of subsection (1) of section
  288  403.9422, Florida Statutes, is reenacted to read:
  289         403.9422 Determination of need for natural gas transmission
  290  pipeline; powers and duties.—
  291         (1)(a) Upon request by an applicant or upon its own motion,
  292  the commission shall schedule a public hearing, after notice, to
  293  determine the need for a natural gas transmission pipeline
  294  regulated by ss. 403.9401-403.9425. Such notice shall be
  295  published at least 45 days before the date set for the hearing
  296  and shall be published in at least one-quarter page size in
  297  newspapers of general circulation and in the Florida
  298  Administrative Register, by giving notice to counties and
  299  regional planning councils in whose jurisdiction the natural gas
  300  transmission pipeline could be placed, and by giving notice to
  301  any persons who have requested to be placed on the mailing list
  302  of the commission for this purpose. Within 21 days after receipt
  303  of a request for determination by an applicant, the commission
  304  shall set a date for the hearing. The hearing shall be held
  305  pursuant to s. 350.01 within 75 days after the filing of the
  306  request, and a decision shall be rendered within 90 days after
  307  such filing.
  308         Section 10. For the purpose of incorporating the amendment
  309  made by this act to sections 350.031, 350.041, and 350.042,
  310  Florida Statutes, in a reference thereto, section 350.043,
  311  Florida Statutes, is reenacted to read:
  312         350.043 Enforcement and interpretation.—Any violation of s.
  313  350.031, s. 350.04, s. 350.041, s. 350.042, or s. 350.0605 by a
  314  commissioner, former commissioner, former employee, or Public
  315  Service Commission Nominating Council member shall be punishable
  316  as provided in ss. 112.317 and 112.324. The Commission on Ethics
  317  is hereby given the power and authority to investigate
  318  complaints of violation of this chapter in the manner provided
  319  in part III of chapter 112, as if this section were included in
  320  that part. A commissioner may request an advisory opinion from
  321  the Commission on Ethics as provided by s. 112.322(3)(a).
  322         Section 11. This act shall take effect July 1, 2015.