Florida Senate - 2009 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1154 Barcode 822572 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 04/28/2009 04:13 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator King moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 46 and 47 4 insert: 5 Section 1. Subsection (1) of section 366.8255, Florida 6 Statutes, is amended to read: 7 366.8255 Environmental cost recovery.— 8 (1) As used in this section, the term: 9 (a) “Electric utility” or “utility” means any investor 10 owned electric utility that owns, maintains, or operates an 11 electric generation, transmission, or distribution system within 12 the State of Florida and that is regulated under this chapter. 13 (b) “Commission” means the Florida Public Service 14 Commission. 15 (c) “Environmental laws or regulations” includes all 16 federal, state, or local statutes, administrative regulations, 17 orders, ordinances, resolutions, or other requirements that 18 apply to electric utilities and are designed to protect the 19 environment, including any federal or Florida law that requires 20 an electric utility to provide electricity from renewable 21 energy. 22 (d) “Environmental compliance costs” includes all costs or 23 expenses incurred by an electric utility in complying with 24 environmental laws or regulations, including, but not limited 25 to: 26 1. Inservice capital investments, including the electric 27 utility’s last authorized rate of return on equity thereon. 28 2. Operation and maintenance expenses. 29 3. Fuel procurement costs. 30 4. Purchased power costs. 31 5. Emission allowance costs. 32 6. Direct taxes on environmental equipment. 33 7. Costs or expenses prudently incurred by an electric 34 utility pursuant to an agreement entered into on or after the 35 effective date of this act and prior to October 1, 2002, between 36 the electric utility and the Florida Department of Environmental 37 Protection or the United States Environmental Protection Agency 38 for the exclusive purpose of ensuring compliance with ozone 39 ambient air quality standards by an electrical generating 40 facility owned by the electric utility. 41 8. Costs or expenses prudently incurred for the 42 quantification, reporting, and third-party verification as 43 required for participation in greenhouse gas emission registries 44 for greenhouse gases as defined in s. 403.44. 45 9. Costs or expenses prudently incurred for scientific 46 research and geological assessments of carbon capture and 47 storage conducted in this state for the purpose of reducing an 48 electric utility’s greenhouse gas emissions when such costs or 49 expenses are incurred in joint research projects with Florida 50 state government agencies and Florida state universities. 51 10. Costs or expenses prudently incurred to comply with any 52 environmental laws or regulations requiring that any portion of 53 the electric utility’s energy sales, demand or other measures of 54 the provision of electricity to its customers, be derived from 55 renewable energy, however defined, either produced by the 56 electric utility itself or purchased from another source, or 57 through credits purchased to comply in whole or in part with 58 such provisions, including costs or expenses associated with 59 setting up and participating in a market or other mechanisms for 60 trading such renewable energy credits. 61 62 ================= T I T L E A M E N D M E N T ================ 63 And the title is amended as follows: 64 Delete line 2 65 and insert: 66 An act relating to energy; amending s. 366.8255, F.S.; 67 revising definitions relating to environmental cost 68 recovery; amending s. 366.92, F.S.;