| 1 | Representative Murzin offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 20 and 21, insert: |
| 5 | Section 1. Subsection (7) of section 366.82, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 366.82 Definition; goals; plans; programs; annual reports; |
| 8 | energy audits.-- |
| 9 | (7) Following adoption of goals pursuant to subsections |
| 10 | (2) and (3), the commission shall require each utility to |
| 11 | develop plans and programs to meet the overall goals within its |
| 12 | service area. The commission may require modifications or |
| 13 | additions to a utility's plans and programs at any time it is in |
| 14 | the public interest consistent with this act. In approving plans |
| 15 | and programs for cost recovery, the commission shall have the |
| 16 | flexibility to modify or deny plans or programs that would have |
| 17 | an undue impact on the costs passed on to customers. If any plan |
| 18 | or program includes loans, collection of loans, or similar |
| 19 | banking functions by a utility and the plan is approved by the |
| 20 | commission, the utility shall perform such functions, |
| 21 | notwithstanding any other provision of the law. However, no |
| 22 | utility shall be required to loan its funds for the purpose of |
| 23 | purchasing or otherwise acquiring conservation measures or |
| 24 | devices, but nothing herein shall prohibit or impair the |
| 25 | administration or implementation of a utility plan as submitted |
| 26 | by a utility and approved by the commission under this |
| 27 | subsection. If the commission disapproves a plan, it shall |
| 28 | specify the reasons for disapproval, and the utility whose plan |
| 29 | is disapproved shall resubmit its modified plan within 30 days. |
| 30 | Prior approval by the commission shall be required to modify or |
| 31 | discontinue a plan, or part thereof, which has been approved. If |
| 32 | any utility has not implemented its programs and is not |
| 33 | substantially in compliance with the provisions of its approved |
| 34 | plan at any time, the commission shall adopt programs required |
| 35 | for that utility to achieve the overall goals. Utility programs |
| 36 | may include variations in rate design, load control, |
| 37 | cogeneration, residential energy conservation subsidy, or any |
| 38 | other measure within the jurisdiction of the commission which |
| 39 | the commission finds likely to be effective, including measures |
| 40 | that provide demand-side reductions, measurable in real time, |
| 41 | achieved through the use of systems and software that provide |
| 42 | real-time control of a voluntarily participating customer's |
| 43 | electricity consumption by both the electric utility and the |
| 44 | customer; this provision shall not be construed to preclude |
| 45 | these measures in any plan or program. |
| 46 |
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| 47 |
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| 48 | ----------------------------------------------------- |
| 49 | T I T L E A M E N D M E N T |
| 50 | Remove line 2 and insert: |
| 51 | An act relating to energy; amending s. 366.82, F.S.; |
| 52 | specifying certain measures that the Public Service |
| 53 | Commission may require in programs for a utility that does |
| 54 | not substantially comply with its approved utility plan; |
| 55 | amending s. 377.705, F.S.; |