Florida Senate - 2012 CS for CS for SB 1244 By the Committees on Environmental Preservation and Conservation; and Communications, Energy, and Public Utilities; and Senators Hays, Storms, and Fasano 592-03684-12 20121244c2 1 A bill to be entitled 2 An act relating to water and wastewater utilities; 3 creating the Study Committee on Investor-Owned Water 4 and Wastewater Utility Systems; providing for 5 membership and terms of service; prohibiting 6 compensation of the members; providing for 7 reimbursement of the members for certain expenses; 8 providing for removal or suspension of members by the 9 appointing authority; requiring the Public Service 10 Commission to provide staff, information, assistance, 11 and facilities that are deemed necessary for the 12 committee to perform its duties; providing for funding 13 from the Florida Public Service Regulatory Trust Fund; 14 providing duties of the committee; providing for 15 public meetings; requiring the committee to report its 16 findings to the Governor, the Legislature, and 17 appropriate agencies and make certain recommendations; 18 providing for future termination of the committee; 19 providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Study Committee on Investor-Owned Water and 24 Wastewater Utility Systems.— 25 (1) There is created a Study Committee on Investor-Owned 26 Water and Wastewater Utility Systems, which shall be composed of 27 18 residents of the state designated and appointed as follows: 28 (a) The chair of the Public Service Commission or a 29 commissioner designated by the chair, who shall serve as chair 30 of the committee and shall be a nonvoting member of the 31 committee. 32 (b) The Secretary of Environmental Protection or his or her 33 designee, who shall be a nonvoting member of the committee. 34 (c) The Public Counsel or his or her designee, who shall be 35 a nonvoting member of the committee. 36 (d) One member of the Senate appointed by the President of 37 the Senate. 38 (e) One member of the House of Representatives appointed by 39 the Speaker of the House of Representatives. 40 (f) Two representatives of Class A investor-owned water or 41 wastewater utilities appointed by the Governor. 42 (g) One representative of a Class B investor-owned water or 43 wastewater utility appointed by the Governor. 44 (h) One representative of a Class C investor-owned water or 45 wastewater utility appointed by the Governor. 46 (i) One customer of a Class A investor-owned water or 47 wastewater utility appointed by the Governor. 48 (j) One customer of a Class B or Class C investor-owned 49 water or wastewater utility appointed by the Governor. 50 (k) One representative of a water management district 51 appointed by the Governor. 52 (l) One representative of the Florida Section of the 53 American Water Works Association appointed by the Governor. 54 (m) One representative of the Florida Rural Water 55 Association appointed by the Governor. 56 (n) One representative of a water or wastewater system 57 owned or operated by a municipal or county government appointed 58 by the Governor. 59 (o) One representative of a governmental authority that is 60 created pursuant to chapter 163, Florida Statutes, appointed by 61 the Governor. 62 (p) The chair of a county commission that regulates 63 investor-owned water or wastewater utility systems appointed by 64 the Governor. 65 (q) One representative of a county health department 66 appointed by the Governor. 67 (2) The members shall serve until the work of the committee 68 is complete and the committee is terminated, except that if a 69 member no longer serves in the position required for 70 appointment, the member shall be replaced by the individual who 71 serves in such position. 72 (3) Members of the committee shall serve without 73 compensation, but are entitled to reimbursement for all 74 reasonable and necessary expenses, including travel expenses, in 75 the performance of their duties as provided in s. 112.061, 76 Florida Statutes. 77 (4) An appointing authority may remove or suspend a member 78 appointed by it for cause, including, but not limited to, 79 failure to attend two or more meetings of the committee. 80 (5) The Public Service Commission shall provide the staff, 81 information, assistance, and facilities as are deemed necessary 82 for the committee to carry out its duties under this section. 83 Funding for the committee shall be paid from the Florida Public 84 Service Regulatory Trust Fund. 85 (6) The committee shall identify issues of concern of 86 investor-owned water and wastewater utility systems, 87 particularly small systems, and their customers and research 88 possible solutions. In addition, the committee shall consider: 89 (a) The ability of a small investor-owned water or 90 wastewater utility to achieve economies of scale when purchasing 91 equipment, commodities, or services. 92 (b) The availability of low interest loans to a small, 93 privately owned water or wastewater utility. 94 (c) Any tax incentives or exemptions, temporary or 95 permanent, which are available to a small water or wastewater 96 utility. 97 (d) The impact on customer rates if a utility purchases an 98 existing water or wastewater utility system. 99 (e) The impact on customer rates of a utility providing 100 service through the use of a reseller. 101 (f) Other issues that the committee identifies during its 102 investigation. 103 (7) The committee shall meet at the time and location as 104 the chair determines, except that the committee shall meet a 105 minimum of four times. At least two meetings must be held in an 106 area that is centrally located to utility customers who have 107 recently been affected by a significant increase in water or 108 wastewater utility rates. The public shall be given the 109 opportunity to speak at the meetings. 110 (8) By February 15, 2013, the committee shall prepare and 111 submit to the Governor, the President of the Senate, and the 112 Speaker of the House of Representatives a report detailing its 113 findings pursuant to subsection (6) and making specific 114 legislative recommendations, including proposed legislation 115 intended to implement its recommendations. If the committee, in 116 its report, finds that an issue may effectively be addressed 117 through agency rulemaking, the committee shall submit to the 118 appropriate agencies its report and recommendations, including 119 proposed rules. 120 (9) This section expires and the committee terminates June 121 30, 2013. 122 Section 2. This act shall take effect upon becoming a law.