Senate Bill sb0110

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    Florida Senate - 2004                                   SB 110

    By Senator Bennett





    21-249-04

  1                      A bill to be entitled

  2         An act relating to water and wastewater

  3         systems; amending s. 367.081, F.S.; authorizing

  4         the Florida Public Service Commission to

  5         approve rates allowing utilities to recover the

  6         full costs of alternative water supply

  7         facilities; amending s. 367.0814, F.S.;

  8         increasing the limitation on gross annual

  9         revenues under which a water or wastewater

10         utility may qualify to obtain staff assistance

11         from the Florida Public Service Commission in

12         changing rates and charges; providing an

13         effective date.

14  

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

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17         Section 1.  Subsection (2) of section 367.081, Florida

18  Statutes, is amended to read:

19         367.081  Rates; procedure for fixing and changing.--

20         (2)(a)1.  The commission shall, either upon request or

21  upon its own motion, fix rates which are just, reasonable,

22  compensatory, and not unfairly discriminatory.  In every such

23  proceeding, the commission shall consider the value and

24  quality of the service and the cost of providing the service,

25  which shall include, but not be limited to, debt interest; the

26  requirements of the utility for working capital; maintenance,

27  depreciation, tax, and operating expenses incurred in the

28  operation of all property used and useful in the public

29  service; and a fair return on the investment of the utility in

30  property used and useful in the public service. Pursuant to s.

31  373.1961(2)(k), the commission shall allow recovery for the

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    Florida Senate - 2004                                   SB 110
    21-249-04




 1  full, prudently incurred costs of alternative water supply

 2  facilities. However, the commission shall not allow the

 3  inclusion of contributions-in-aid-of-construction in the rate

 4  base of any utility during a rate proceeding, nor shall the

 5  commission impute prospective future

 6  contributions-in-aid-of-construction against the utility's

 7  investment in property used and useful in the public service.;

 8  and Accumulated depreciation on such

 9  contributions-in-aid-of-construction shall not be used to

10  reduce the rate base, nor shall depreciation on such

11  contributed assets be considered a cost of providing utility

12  service.

13         2.  For purposes of such proceedings, the commission

14  shall consider utility property, including land acquired or

15  facilities constructed or to be constructed within a

16  reasonable time in the future, not to exceed 24 months after

17  the end of the historic base year used to set final rates

18  unless a longer period is approved by the commission, to be

19  used and useful in the public service, if:

20         a.  Such property is needed to serve current customers;

21         b.  Such property is needed to serve customers 5 years

22  after the end of the test year used in the commission's final

23  order on a rate request as provided in subsection (6) at a

24  growth rate for equivalent residential connections not to

25  exceed 5 percent per year; or

26         c.  Such property is needed to serve customers more

27  than 5 full years after the end of the test year used in the

28  commission's final order on a rate request as provided in

29  subsection (6) only to the extent that the utility presents

30  clear and convincing evidence to justify such consideration.

31  

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    Florida Senate - 2004                                   SB 110
    21-249-04




 1  Notwithstanding the provisions of this paragraph, the

 2  commission shall approve rates for service which allow a

 3  utility to recover from customers the full amount of

 4  environmental compliance costs. Such rates may not include

 5  charges for allowances for funds prudently invested or similar

 6  charges. For purposes of this requirement, the term

 7  "environmental compliance costs" includes all reasonable

 8  expenses and fair return on any prudent investment incurred by

 9  a utility in complying with the requirements or conditions

10  contained in any permitting, enforcement, or similar decisions

11  of the United States Environmental Protection Agency, the

12  Department of Environmental Protection, a water management

13  district, or any other governmental entity with similar

14  regulatory jurisdiction.

15         (b)  In establishing initial rates for a utility, the

16  commission may project the financial and operational data as

17  set out in paragraph (a) to a point in time when the utility

18  is expected to be operating at a reasonable level of capacity.

19         Section 2.  Subsection (1) of section 367.0814, Florida

20  Statutes, is amended to read:

21         367.0814  Staff assistance in changing rates and

22  charges; interim rates.--

23         (1)  The commission may establish rules by which a

24  water or wastewater utility whose gross annual revenues are

25  $200,000 $150,000 or less may request and obtain staff

26  assistance for the purpose of changing its rates and charges.

27  A utility may request staff assistance by filing an

28  application with the commission.

29         Section 3.  This act shall take effect upon becoming a

30  law.

31  

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    Florida Senate - 2004                                   SB 110
    21-249-04




 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides for rates approved by the Florida Public Service
      Commission to allow for the recovery of the full,
 4    prudently incurred costs of alternative water supply
      facilities. Provides that a water or wastewater utility
 5    may obtain staff assistance for changing its rates and
      charges from the Florida Public Service Commission if the
 6    gross annual revenues of the utility are $200,000 or less
      rather than $150,000 or less.
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