Florida Senate - 2012 SENATOR AMENDMENT Bill No. CS for HB 1389 Barcode 189078 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 03/09/2012 11:20 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Altman moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 29 and 30 4 insert: 5 Section 2. Study Committee on Investor-Owned Water and 6 Wastewater Utility Systems.— 7 (1) There is created a Study Committee on Investor-Owned 8 Water and Wastewater Utility Systems, which shall be composed of 9 18 residents of the state designated and appointed as follows: 10 (a) The chair of the Public Service Commission or a 11 commissioner designated by the chair, who shall serve as chair 12 of the committee and shall be a nonvoting member of the 13 committee. 14 (b) The Secretary of Environmental Protection or his or her 15 designee, who shall be a nonvoting member of the committee. 16 (c) The Public Counsel or his or her designee, who shall be 17 a nonvoting member of the committee. 18 (d) One member of the Senate appointed by the President of 19 the Senate. 20 (e) One member of the House of Representatives appointed by 21 the Speaker of the House of Representatives. 22 (f) Two representatives of Class A investor-owned water or 23 wastewater utilities appointed by the Governor. 24 (g) One representative of a Class B investor-owned water or 25 wastewater utility appointed by the Governor. 26 (h) One representative of a Class C investor-owned water or 27 wastewater utility appointed by the Governor. 28 (i) One customer of a Class A investor-owned water or 29 wastewater utility appointed by the Governor. 30 (j) One customer of a Class B or Class C investor-owned 31 water or wastewater utility appointed by the Governor. 32 (k) One representative of a water management district 33 appointed by the Governor. 34 (l) One representative of the Florida Section of the 35 American Water Works Association appointed by the Governor. 36 (m) One representative of the Florida Rural Water 37 Association appointed by the Governor. 38 (n) One representative of a water or wastewater system 39 owned or operated by a municipal or county government appointed 40 by the Governor. 41 (o) One representative of a governmental authority that is 42 created pursuant to chapter 163, Florida Statutes, appointed by 43 the Governor. 44 (p) The chair of a county commission that regulates 45 investor-owned water or wastewater utility systems appointed by 46 the Governor. 47 (q) One representative of a county health department 48 appointed by the Governor. 49 (2) The members shall serve until the work of the committee 50 is complete and the committee is terminated, except that if a 51 member no longer serves in the position required for 52 appointment, the member shall be replaced by the individual who 53 serves in such position. 54 (3) Members of the committee shall serve without 55 compensation, but are entitled to reimbursement for all 56 reasonable and necessary expenses, including travel expenses, in 57 the performance of their duties as provided in s. 112.061, 58 Florida Statutes. 59 (4) An appointing authority may remove or suspend a member 60 appointed by it for cause, including, but not limited to, 61 failure to attend two or more meetings of the committee. 62 (5) The Public Service Commission shall provide the staff, 63 information, assistance, and facilities as are deemed necessary 64 for the committee to carry out its duties under this section. 65 Funding for the committee shall be paid from the Florida Public 66 Service Regulatory Trust Fund. 67 (6) The committee shall identify issues of concern of 68 investor-owned water and wastewater utility systems, 69 particularly small systems, and their customers and research 70 possible solutions. In addition, the committee shall consider: 71 (a) The ability of a small investor-owned water or 72 wastewater utility to achieve economies of scale when purchasing 73 equipment, commodities, or services. 74 (b) The availability of low interest loans to a small, 75 privately owned water or wastewater utility. 76 (c) Any tax incentives or exemptions, temporary or 77 permanent, which are available to a small water or wastewater 78 utility. 79 (d) The impact on customer rates if a utility purchases an 80 existing water or wastewater utility system. 81 (e) The impact on customer rates of a utility providing 82 service through the use of a reseller. 83 (f) Other issues that the committee identifies during its 84 investigation. 85 (7) The committee shall meet at the time and location as 86 the chair determines, except that the committee shall meet a 87 minimum of four times. At least two meetings must be held in an 88 area that is centrally located to utility customers who have 89 recently been affected by a significant increase in water or 90 wastewater utility rates. The public shall be given the 91 opportunity to speak at the meetings. 92 (8) By February 15, 2013, the committee shall prepare and 93 submit to the Governor, the President of the Senate, and the 94 Speaker of the House of Representatives a report detailing its 95 findings pursuant to subsection (6) and making specific 96 legislative recommendations, including proposed legislation 97 intended to implement its recommendations. If the committee, in 98 its report, finds that an issue may effectively be addressed 99 through agency rulemaking, the committee shall submit to the 100 appropriate agencies its report and recommendations, including 101 proposed rules. 102 (9) This section expires and the committee terminates June 103 30, 2013. 104 105 ================= T I T L E A M E N D M E N T ================ 106 And the title is amended as follows: 107 Delete line 9 108 and insert: 109 its expiration; creating the Study Committee on 110 Investor-Owned Water and Wastewater Utility Systems; 111 providing for membership and terms of service; 112 prohibiting compensation of the members; providing for 113 reimbursement of the members for certain expenses; 114 providing for removal or suspension of members by the 115 appointing authority; requiring the Public Service 116 Commission to provide staff, information, assistance, 117 and facilities that are deemed necessary for the 118 committee to perform its duties; providing for funding 119 from the Florida Public Service Regulatory Trust Fund; 120 providing duties of the committee; providing for 121 public meetings; requiring the committee to report its 122 findings to the Governor, the Legislature, and 123 appropriate agencies and make certain recommendations; 124 providing for future termination of the committee; 125 providing an effective date.