Florida Senate - 2017                                     SB 974
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       37-00780A-17                                           2017974__
    1                        A bill to be entitled                      
    2         An act relating to public utility environmental
    3         remediation costs; creating s. 366.8256, F.S.;
    4         defining the term “county”; authorizing a municipality
    5         or a county operating under a home rule charter to
    6         file a request with the Public Service Commission for
    7         a hearing for a determination of prudence on
    8         environmental damage caused by a public utility;
    9         prohibiting the commission from conducting any hearing
   10         regarding recovery for remediation of such
   11         environmental damage until after the commission makes
   12         such determination or until the request is dismissed;
   13         requiring that pending hearings regarding recovery for
   14         remediation of such environmental damage be stayed
   15         until after the commission makes such determination or
   16         until the request is dismissed; requiring the public
   17         utility to submit a cost estimate for certain
   18         remediation expenses; requiring the commission to make
   19         a determination as to the prudence of a utility’s
   20         actions leading up to and in response to the
   21         environmental damage; prohibiting the utility from
   22         recovering expenditures to remedy the damage upon a
   23         finding that the utility did not act prudently;
   24         requiring the utility to develop a plan to remedy
   25         damages under certain circumstances; requiring the
   26         utility to specify how certain expenditures will be
   27         internalized; providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 366.8256, Florida Statutes, is created
   32  to read:
   33         366.8256 Remediation costs of environmental damage;
   34  determination of prudence; recovery.—
   35         (1) For purposes of the section, the term “county” has the
   36  same meaning as in s. 125.011(1).
   37         (2) A municipality or county that finds that a public
   38  utility caused environmental damage may file a request for a
   39  hearing with the commission for a determination of prudence on
   40  the environmental damage a public utility caused within the
   41  boundaries of the municipality or county or adjacent bodies of
   42  water. Such request must be submitted by the municipality or
   43  county as prescribed by the commission. Upon the filing of this
   44  request:
   45         (a) The commission may not conduct any hearing regarding
   46  recovery for remediation of such environmental damage until
   47  after the commission makes its determination pursuant to
   48  subsection (4) or the request is dismissed; and
   49         (b) Any pending hearing regarding recovery for remediation
   50  of such environmental damage shall be stayed until after the
   51  commission makes its determination pursuant to subsection (4) or
   52  the request is dismissed.
   53         (3) At the hearing requested by the municipality or county
   54  under subsection (2), the public utility shall disclose an
   55  estimate of the full cost to remedy the environmental damage.
   56         (4) After the hearing, the commission shall determine:
   57         (a) If the public utility acted prudently in the events
   58  leading up to or causing the environmental damage.
   59         (b) If the public utility, upon becoming aware of the
   60  environmental damage or at such time as the utility should have
   61  been aware of such damage, acted prudently to remedy the damage.
   62         (5) Notwithstanding s. 366.8255, if the commission
   63  determines that the public utility failed to act prudently, the
   64  public utility may not recover any expenditures to remedy the
   65  environmental damage from ratepayers. If so determined, the
   66  public utility must:
   67         (a) Timely develop a plan, acting in good faith and in
   68  conjunction with the local municipality or county, to remedy any
   69  remaining environmental damage. The plan must be approved by the
   70  commission. The commission may specify reasonable deadlines for
   71  the submission of the plan to the commission for approval.
   72         (b) Specify to the commission how any costs incurred for
   73  environmental remediation, including costs incurred in
   74  implementing the plan, will be internalized by the public
   75  utility.
   76         Section 2. This act shall take effect July 1, 2017.