Florida Senate - 2015                              CS for SB 288
       
       
        
       By the Committee on Communications, Energy, and Public
       Utilities; and Senator Latvala
       
       
       
       
       579-01679-15                                           2015288c1
    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.; revising the prohibition against ex
   16         parte communication to apply to any matter that a
   17         commissioner knows or reasonably expects will be filed
   18         within a certain timeframe; providing legislative
   19         intent; defining terms; applying the prohibition
   20         against ex parte communications to specified meetings;
   21         requiring the Governor to remove from office any
   22         commissioner found to have willfully and knowingly
   23         violated the ex parte communications statute; amending
   24         s. 350.0611, F.S.; authorizing the Public Counsel to
   25         be a party to settlement agreements in any proceeding
   26         before the commission in which he or she has
   27         participated as a party; prohibiting a settlement
   28         agreement to which the Public Counsel is not a party
   29         from being submitted to or approved by the Florida
   30         Public Service Commission; amending s. 366.05, F.S.;
   31         limiting the use of tiered rates in conjunction with
   32         extended billing periods; limiting deposit amounts;
   33         requiring a utility to notify each customer if it has
   34         more than one rate for any customer class; requiring
   35         the utility to provide good faith assistance to the
   36         customer in determining the best rate; assigning
   37         responsibility to the customer for the rate selection;
   38         requiring that the commission approve new tariffs and
   39         certain changes to existing tariffs; amending s.
   40         366.82, F.S.; requiring that money received by a
   41         utility for the development of demand-side renewable
   42         energy systems be used solely for that purpose;
   43         reenacting ss. 403.537 and 403.9422, F.S., relating to
   44         determination of need for electric and natural gas
   45         transmission lines, respectively; reenacting s.
   46         350.043, F.S., relating to the enforcement and
   47         interpretation of laws relating to the commission;
   48         providing an effective date.
   49          
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Subsections (8), (9), and (10) are added to
   53  section 350.01, Florida Statutes, to read:
   54         350.01 Florida Public Service Commission; terms of
   55  commissioners; vacancies; election and duties of chair; quorum;
   56  proceedings.—
   57         (8) At least annually, the commission shall hold a customer
   58  service meeting, open to the public, in the service territory of
   59  each public utility regulated by the commission which supplies
   60  electricity.
   61         (9) The commission shall hold a customer service meeting,
   62  open to the public, in the service territory of each water or
   63  wastewater utility that is subject to regulation under chapter
   64  367, upon receipt of a written request signed by at least 10
   65  percent of the customers of that utility. Such meeting shall be
   66  scheduled within a reasonable time after receipt of the request.
   67         (10)Each meeting, including an internal affairs meeting,
   68  workshop, hearing, or proceeding that is attended by two or more
   69  commissioners and each meeting, workshop, hearing, or proceeding
   70  at which a decision is made which concerns the rights or
   71  obligations of any person, shall be streamed live on the
   72  Internet, and a recorded copy of such meeting, workshop,
   73  hearing, or proceeding must be made available on the
   74  commission’s web page.
   75         Section 2. Subsection (10) is added to section 350.031,
   76  Florida Statutes, to read:
   77         350.031 Florida Public Service Commission Nominating
   78  Council.—
   79         (10) In keeping with the purpose of the council, which is
   80  to select nominees to be appointed to an arm of the legislative
   81  branch of government, a person who lobbies a member of the
   82  council, legislator or nonlegislator, must register as a
   83  lobbyist pursuant to s. 11.045 and comply with the requirements
   84  of that section.
   85         Section 3. Present subsection (3) of section 350.041,
   86  Florida Statutes, is reenacted and amended, and a new subsection
   87  (3) is added to that section, to read:
   88         350.041 Commissioners; standards of conduct.—
   89         (3) ETHICS TRAINING.—Beginning January 1, 2016, a
   90  commissioner must annually complete 4 hours of ethics training
   91  that addresses, at a minimum, s. 8, Art. II of the State
   92  Constitution, the Code of Ethics for Public Officers and
   93  Employees, and the public records and public meetings laws of
   94  this state. This requirement may be satisfied by completion of a
   95  continuing legal education class or other continuing
   96  professional education class, seminar, or presentation, if the
   97  required subjects are covered.
   98         (4) COMMISSION ON ETHICS.—The Commission on Ethics shall
   99  accept and investigate any alleged violations of this section
  100  pursuant to the procedures contained in ss. 112.322-112.3241.
  101  The Commission on Ethics shall provide the Governor and the
  102  Florida Public Service Commission Nominating Council with a
  103  report of its findings and recommendations. The Governor is
  104  authorized to enforce the findings and recommendations of the
  105  Commission on Ethics, pursuant to part III of chapter 112. A
  106  public service commissioner or a member of the Florida Public
  107  Service Commission Nominating Council may request an advisory
  108  opinion from the Commission on Ethics, pursuant to s.
  109  112.322(3)(a), regarding the standards of conduct or
  110  prohibitions set forth in this section and ss. 350.031, 350.04,
  111  and 350.042.
  112         Section 4. Subsections (1) and (3) and paragraph (b) of
  113  subsection (7) of section 350.042, Florida Statutes, are amended
  114  to read:
  115         350.042 Ex parte communications.—
  116         (1) A commissioner should accord to every person who is
  117  legally interested in a proceeding, or the person’s lawyer, full
  118  right to be heard according to law, and, except as authorized by
  119  law, shall neither initiate nor consider ex parte communications
  120  concerning the merits, threat, or offer of reward in any
  121  proceeding under s. 120.569 or s. 120.57 which is currently
  122  pending before the commission or which he or she knows or
  123  reasonably expects will be filed with the commission within 180
  124  days after the date of any such communication, other than a
  125  proceeding under s. 120.54 or s. 120.565, workshops, or internal
  126  affairs meetings. An No individual may not shall discuss ex
  127  parte with a commissioner the merits of any issue that he or she
  128  knows will be filed with the commission within 180 90 days. The
  129  provisions of This subsection does shall not apply to commission
  130  staff.
  131         (3)(a) The Legislature finds that it is important to have
  132  commissioners who are educated and informed on regulatory
  133  policies and developments in science, technology, business
  134  management, finance, law, and public policy which are associated
  135  with the industries that the commissioners regulate, and the
  136  Legislature also finds that it is in the public interest for
  137  commissioners to become educated and informed on these matters
  138  through active participation in meetings that are scheduled by
  139  the sponsoring organization, such as sessions, programs, or
  140  conferences, which are duly noticed and open to the public.
  141         (b) As used in this subsection, the term “active
  142  participation” or the term “participating in” includes, but is
  143  not limited to, attending or speaking at educational sessions,
  144  participating in organization governance by attending meetings,
  145  serving on committees, or in leadership positions, participating
  146  in panel discussions, and attending meals and receptions
  147  associated with such events that are open to all attendees.
  148         (c) The prohibition in subsection (1) remains in effect at
  149  all times at such meetings wherever located. While participating
  150  in such meetings, a commissioner shall:
  151         1. Refrain from commenting on or discussing the subject
  152  matter of any proceeding under s. 120.569 or s. 120.57 which is
  153  currently pending before the commission or which he or she knows
  154  or reasonably expects will be filed with the commission within
  155  180 days after the meeting; and
  156         2. Use reasonable care to ensure that the content of the
  157  educational session or other session in which the commissioner
  158  participates is not designed to address or create a forum to
  159  influence the commissioner on the subject matter of any
  160  proceeding under s. 120.569 or s. 120.57 which is currently
  161  pending before the commission or which he or she knows or
  162  reasonably expects will be filed with the commission within 180
  163  days after the meeting This section shall not apply to oral
  164  communications or discussions in scheduled and noticed open
  165  public meetings of educational programs or of a conference or
  166  other meeting of an association of regulatory agencies.
  167         (7)
  168         (b) If the Commission on Ethics finds that there has been a
  169  violation of this section by a public service commissioner, it
  170  shall provide the Governor and the Florida Public Service
  171  Commission Nominating Council with a report of its findings and
  172  recommendations. The Governor shall remove from office a
  173  commissioner who willfully and knowingly violates this section
  174  and is authorized to enforce the findings and recommendations of
  175  the Commission on Ethics, pursuant to part III of chapter 112.
  176         Section 5. Section 350.0611, Florida Statutes, is amended
  177  to read:
  178         350.0611 Public Counsel; duties and powers.—It shall be the
  179  duty of the Public Counsel to provide legal representation for
  180  the people of the state in proceedings before the commission and
  181  in proceedings before counties pursuant to s. 367.171(8). The
  182  Public Counsel shall have such powers as are necessary to carry
  183  out the duties of his or her office, including, but not limited
  184  to, the following specific powers:
  185         (1) To recommend to the commission or the counties, by
  186  petition, the commencement of any proceeding or action or to
  187  appear, in the name of the state or its citizens, in any
  188  proceeding or action before the commission or the counties and
  189  urge therein any position which he or she deems to be in the
  190  public interest, whether consistent or inconsistent with
  191  positions previously adopted by the commission or the counties,
  192  and utilize therein all forms of discovery available to
  193  attorneys in civil actions generally, subject to protective
  194  orders of the commission or the counties which shall be
  195  reviewable by summary procedure in the circuit courts of this
  196  state;
  197         (2) To have access to and use of all files, records, and
  198  data of the commission or the counties available to any other
  199  attorney representing parties in a proceeding before the
  200  commission or the counties;
  201         (3) In any proceeding before the commission in which he or
  202  she has participated as a party, to be a party to a settlement
  203  agreement. If he or she is not a party to the settlement
  204  agreement, it may not be submitted to or approved by the
  205  commission;
  206         (4)(3) In any proceeding in which he or she has
  207  participated as a party, to seek review of any determination,
  208  finding, or order of the commission or the counties, or of any
  209  hearing examiner designated by the commission or the counties,
  210  in the name of the state or its citizens;
  211         (5)(4) To prepare and issue reports, recommendations, and
  212  proposed orders to the commission, the Governor, and the
  213  Legislature on any matter or subject within the jurisdiction of
  214  the commission, and to make such recommendations as he or she
  215  deems appropriate for legislation relative to commission
  216  procedures, rules, jurisdiction, personnel, and functions; and
  217         (6)(5) To appear before other state agencies, federal
  218  agencies, and state and federal courts in connection with
  219  matters under the jurisdiction of the commission, in the name of
  220  the state or its citizens.
  221         Section 6. Subsection (1) of section 366.05, Florida
  222  Statutes, is amended to read:
  223         366.05 Powers.—
  224         (1)(a) In the exercise of such jurisdiction, the commission
  225  shall have power to prescribe fair and reasonable rates and
  226  charges, classifications, standards of quality and measurements,
  227  including the ability to adopt construction standards that
  228  exceed the National Electrical Safety Code, for purposes of
  229  ensuring the reliable provision of service, and service rules
  230  and regulations to be observed by each public utility; to
  231  require repairs, improvements, additions, replacements, and
  232  extensions to the plant and equipment of any public utility when
  233  reasonably necessary to promote the convenience and welfare of
  234  the public and secure adequate service or facilities for those
  235  reasonably entitled thereto; to employ and fix the compensation
  236  for such examiners and technical, legal, and clerical employees
  237  as it deems necessary to carry out the provisions of this
  238  chapter; and to adopt rules pursuant to ss. 120.536(1) and
  239  120.54 to implement and enforce the provisions of this chapter.
  240         (b) If the commission authorizes a public utility to charge
  241  tiered rates based upon levels of usage and to vary the billing
  242  period, the utility may not charge a customer a higher rate
  243  because of an increase in usage attributable to an extension of
  244  the billing period.
  245         (c) Notwithstanding any commission rule to the contrary, a
  246  utility may not charge or receive a deposit in excess of the
  247  amounts specified in subparagraphs 1. and 2.
  248         1. For an existing customer, the total deposit cannot
  249  exceed the total charges for 2 months of average actual usage,
  250  calculated by adding the monthly charges from the 12-month
  251  period immediately before the date any change in the deposit
  252  amount is sought, dividing this total by 12, and multiplying the
  253  result by 2.
  254         2.For a new customer, the amount may not exceed 2 months
  255  of projected charges, calculated using the process specified in
  256  subparagraph 1. Once a new customer has had continuous service
  257  for a 12-month period, the amount of the deposit shall be
  258  recalculated, using actual usage data. Any difference between
  259  the projected and actual amounts must be resolved by the
  260  customer paying any additional amount due or the utility
  261  returning any overcharge.
  262         (d) If a utility has more than one rate for any customer
  263  class, it must notify each customer in that class of the
  264  available rates and explain how the rate is charged to the
  265  customer. If a customer contacts the utility seeking assistance
  266  in selecting the most advantageous rate, the utility must
  267  provide good faith assistance to the customer. The customer is
  268  responsible for charges for service calculated under the
  269  selected rate.
  270         (e) New tariffs and changes to an existing tariff, other
  271  than an administrative change that does not substantially change
  272  the meaning or operation of the tariff, must be approved by vote
  273  of the commission.
  274         Section 7. Subsection (2) of section 366.82, Florida
  275  Statutes, is amended to read:
  276         366.82 Definition; goals; plans; programs; annual reports;
  277  energy audits.—
  278         (2) The commission shall adopt appropriate goals for
  279  increasing the efficiency of energy consumption and increasing
  280  the development of demand-side renewable energy systems,
  281  specifically including goals designed to increase the
  282  conservation of expensive resources, such as petroleum fuels, to
  283  reduce and control the growth rates of electric consumption, to
  284  reduce the growth rates of weather-sensitive peak demand, and to
  285  encourage development of demand-side renewable energy resources.
  286  The commission may allow efficiency investments across
  287  generation, transmission, and distribution as well as
  288  efficiencies within the user base. Money received by a utility
  289  for implementation of measures to encourage development of
  290  demand-side renewable energy systems shall be used solely for
  291  such purpose.
  292         Section 8. For the purpose of incorporating the amendment
  293  made by this act to section 350.01, Florida Statutes, in a
  294  reference thereto, paragraph (a) of subsection (1) of section
  295  403.537, Florida Statutes, is reenacted to read:
  296         403.537 Determination of need for transmission line; powers
  297  and duties.—
  298         (1)(a) Upon request by an applicant or upon its own motion,
  299  the Florida Public Service Commission shall schedule a public
  300  hearing, after notice, to determine the need for a transmission
  301  line regulated by the Florida Electric Transmission Line Siting
  302  Act, ss. 403.52-403.5365. The notice shall be published at least
  303  21 days before the date set for the hearing and shall be
  304  published by the applicant in at least one-quarter page size
  305  notice in newspapers of general circulation, and by the
  306  commission in the manner specified in chapter 120, by giving
  307  notice to counties and regional planning councils in whose
  308  jurisdiction the transmission line could be placed, and by
  309  giving notice to any persons who have requested to be placed on
  310  the mailing list of the commission for this purpose. Within 21
  311  days after receipt of a request for determination by an
  312  applicant, the commission shall set a date for the hearing. The
  313  hearing shall be held pursuant to s. 350.01 within 45 days after
  314  the filing of the request, and a decision shall be rendered
  315  within 60 days after such filing.
  316         Section 9. For the purpose of incorporating the amendment
  317  made by this act to section 350.01, Florida Statutes, in a
  318  reference thereto, paragraph (a) of subsection (1) of section
  319  403.9422, Florida Statutes, is reenacted to read:
  320         403.9422 Determination of need for natural gas transmission
  321  pipeline; powers and duties.—
  322         (1)(a) Upon request by an applicant or upon its own motion,
  323  the commission shall schedule a public hearing, after notice, to
  324  determine the need for a natural gas transmission pipeline
  325  regulated by ss. 403.9401-403.9425. Such notice shall be
  326  published at least 45 days before the date set for the hearing
  327  and shall be published in at least one-quarter page size in
  328  newspapers of general circulation and in the Florida
  329  Administrative Register, by giving notice to counties and
  330  regional planning councils in whose jurisdiction the natural gas
  331  transmission pipeline could be placed, and by giving notice to
  332  any persons who have requested to be placed on the mailing list
  333  of the commission for this purpose. Within 21 days after receipt
  334  of a request for determination by an applicant, the commission
  335  shall set a date for the hearing. The hearing shall be held
  336  pursuant to s. 350.01 within 75 days after the filing of the
  337  request, and a decision shall be rendered within 90 days after
  338  such filing.
  339         Section 10. For the purpose of incorporating the amendment
  340  made by this act to sections 350.031, 350.041, and 350.042,
  341  Florida Statutes, in a reference thereto, section 350.043,
  342  Florida Statutes, is reenacted to read:
  343         350.043 Enforcement and interpretation.—Any violation of s.
  344  350.031, s. 350.04, s. 350.041, s. 350.042, or s. 350.0605 by a
  345  commissioner, former commissioner, former employee, or Public
  346  Service Commission Nominating Council member shall be punishable
  347  as provided in ss. 112.317 and 112.324. The Commission on Ethics
  348  is hereby given the power and authority to investigate
  349  complaints of violation of this chapter in the manner provided
  350  in part III of chapter 112, as if this section were included in
  351  that part. A commissioner may request an advisory opinion from
  352  the Commission on Ethics as provided by s. 112.322(3)(a).
  353         Section 11. This act shall take effect July 1, 2015.