Florida Senate - 2021                              CS for SB 964
       
       
        
       By the Committee on Regulated Industries; and Senators Diaz and
       Taddeo
       
       
       
       
       580-02310-21                                           2021964c1
    1                        A bill to be entitled                      
    2         An act relating to environmental compliance costs;
    3         amending s. 366.8255, F.S.; redefining the term
    4         “environmental compliance costs” to include costs or
    5         expenses prudently incurred by an electric utility in
    6         complying with specified reclaimed water reuse
    7         requirements; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (d) of subsection (1) of section
   12  366.8255, Florida Statutes, is amended to read:
   13         366.8255 Environmental cost recovery.—
   14         (1) As used in this section, the term:
   15         (d) “Environmental compliance costs” includes all costs or
   16  expenses incurred by an electric utility in complying with
   17  environmental laws or regulations, including, but not limited
   18  to:
   19         1. Inservice capital investments, including the electric
   20  utility’s last authorized rate of return on equity thereon.
   21         2. Operation and maintenance expenses.
   22         3. Fuel procurement costs.
   23         4. Purchased power costs.
   24         5. Emission allowance costs.
   25         6. Direct taxes on environmental equipment.
   26         7. Costs or expenses prudently incurred by an electric
   27  utility pursuant to an agreement entered into on or after the
   28  effective date of this act and prior to October 1, 2002, between
   29  the electric utility and the Florida Department of Environmental
   30  Protection or the United States Environmental Protection Agency
   31  for the exclusive purpose of ensuring compliance with ozone
   32  ambient air quality standards by an electrical generating
   33  facility owned by the electric utility.
   34         8. Costs or expenses prudently incurred for scientific
   35  research and geological assessments of carbon capture and
   36  storage conducted in this state for the purpose of reducing an
   37  electric utility’s greenhouse gas emissions when such costs or
   38  expenses are incurred in joint research projects with Florida
   39  state government agencies and Florida state universities.
   40         9. Costs or expenses prudently incurred by an electric
   41  utility after July 1, 2021, pursuant to an agreement between the
   42  electric utility and a governmental wastewater utility for the
   43  exclusive purpose of the electric utility constructing and
   44  operating a wastewater reuse system where operation of the
   45  system will serve to further compliance with environmental laws
   46  or regulations that apply to the electric utility and where the
   47  system fully or partially satisfies a local government’s
   48  reclaimed water reuse requirements under s. 403.064 or s.
   49  403.086. At least 50 percent of the reclaimed water the system
   50  produces must be used in conjunction with the water requirements
   51  of an electrical generating facility or facilities owned by the
   52  electric utility in order to offset all or part of the electric
   53  utility’s water use authorized by permit.
   54         Section 2. This act shall take effect July 1, 2021.