House Bill hb1601

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    Florida House of Representatives - 2002                HB 1601

        By Representative Maygarden






  1                      A bill to be entitled

  2         An act relating to environmental cost recovery

  3         for electric utilities; amending s. 366.8255,

  4         F.S.; redefining the term "environmental

  5         compliance costs" to include certain costs

  6         relating to air quality; providing an effective

  7         date.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Section 366.8255, Florida Statutes, is

12  amended to read:

13         366.8255  Environmental cost recovery.--

14         (1)  As used in this section, the term:

15         (a)  "Electric utility" or "utility" means any

16  investor-owned electric utility that owns, maintains, or

17  operates an electric generation, transmission, or distribution

18  system within the State of Florida and that is regulated under

19  this chapter.

20         (b)  "Commission" means the Florida Public Service

21  Commission.

22         (c)  "Environmental laws or regulations" includes all

23  federal, state, or local statutes, administrative regulations,

24  orders, ordinances, resolutions, or other requirements that

25  apply to electric utilities and are designed to protect the

26  environment.

27         (d)  "Environmental compliance costs" includes all

28  costs or expenses incurred by an electric utility in complying

29  with environmental laws or regulations, including but not

30  limited to:

31  

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    Florida House of Representatives - 2002                HB 1601

    555-170-02






  1         1.  Inservice capital investments, including the

  2  electric utility's last authorized rate of return on equity

  3  thereon;

  4         2.  Operation and maintenance expenses;

  5         3.  Fuel procurement costs;

  6         4.  Purchased power costs;

  7         5.  Emission allowance costs; and

  8         6.  Direct taxes on environmental equipment; and

  9         7.  Costs or expenses incurred by an electric utility

10  pursuant to an agreement entered into prior to January 1,

11  2003, between the electric utility and the Florida Department

12  of Environmental Protection or the United States Environmental

13  Protection Agency for the purpose of preventing imminent

14  noncompliance with applicable ozone ambient air quality

15  standards by an electrical generating facility owned by the

16  electric utility.

17         (2)  An electric utility may submit to the commission a

18  petition describing the utility's proposed environmental

19  compliance activities and projected environmental compliance

20  costs in addition to any Clean Air Act compliance activities

21  and costs shown in a utility's filing under s. 366.825. If

22  approved, the commission shall allow recovery of the utility's

23  prudently incurred environmental compliance costs, including

24  the costs incurred in compliance with the Clean Air Act, and

25  any amendments thereto or any change in the application or

26  enforcement thereof, through an environmental compliance

27  cost-recovery factor that is separate and apart from the

28  utility's base rates. An adjustment for the level of costs

29  currently being recovered through base rates or other

30  rate-adjustment clauses must be included in the filing.

31  

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    Florida House of Representatives - 2002                HB 1601

    555-170-02






  1         (3)  The environmental compliance cost-recovery factor

  2  must be set periodically, but at least annually, based on

  3  projections of the utility's environmental compliance costs

  4  during the forthcoming recovery period, and must be adjusted

  5  for variations in line losses.  The environmental compliance

  6  cost-recovery factor must provide for periodic true-up of the

  7  utility's actual environmental compliance costs with the

  8  projections on which past factors have been set, and must

  9  further require that any refund or collection made as part of

10  the true-up process include interest.

11         (4)  Environmental compliance costs recovered through

12  the environmental cost-recovery factor shall be allocated to

13  the customer classes using the criteria set out in s.

14  366.06(1), taking into account the manner in which similar

15  types of investment or expense were allocated in the company's

16  last rate case.

17         (5)  Recovery of environmental compliance costs under

18  this section does not preclude inclusion of such costs in base

19  rates in subsequent rate proceedings, if that inclusion is

20  necessary and appropriate; however, any costs recovered in

21  base rates may not also be recovered in the environmental

22  cost-recovery clause.

23         Section 2.  This act shall take effect upon becoming a

24  law.

25  

26            *****************************************

27                          HOUSE SUMMARY

28  
      Provides that the costs for expenses incurred by an
29    electric utility pursuant to certain agreements with
      state or federal environmental agencies to prevent
30    imminent noncompliance with ozone ambient air quality
      standards may be recovered by the utility.
31  

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