Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 1162 Ì973390.Î973390 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/21/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Regulated Industries (DiCeglie) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (9) of section 366.91, Florida 6 Statutes, is amended, and subsections (10) and (11) are added to 7 that section, to read: 8 366.91 Renewable energy.— 9 (9) A public utility’sThe commission may approve cost10recovery by a gas public utility forcontracts for the purchase 11 of renewable natural gas and hydrogen-based fuel in which the 12 pricing provisions exceed the current market price of natural 13 gas are eligible for cost recovery, but only ifwhich are14otherwise deemed reasonable and prudent bythe commission finds 15 that the contract meets the overall goals of subsection (1) by 16 promoting the development or use of renewable energy resources 17 in this state and providing fuel diversification and that the 18 contract is otherwise reasonable. 19 (10) A public utility may recover, through an appropriate 20 cost-recovery mechanism administered by the commission, 21 prudently incurred costs for renewable natural gas or hydrogen 22 based fuel infrastructure projects. If the commission determines 23 that such costs were reasonable, that the incremental bill 24 impact will not result in an undue hardship to customers, and 25 that the project will facilitate achieving the goals of 26 subsection (1), those costs are not subject to disallowance or 27 further prudence review except for fraud, perjury, or 28 intentional withholding of key information by the public 29 utility. For purposes of utility cost recovery pursuant to this 30 subsection only, renewable natural gas may include a mixture of 31 natural gas and renewable natural gas. Eligible renewable 32 natural gas and hydrogen-based fuel infrastructure projects must 33 be located in this state. Types of costs eligible for cost 34 recovery include, but are not limited to, capital investment in 35 projects necessary to prepare or produce renewable natural gas 36 and hydrogen-based fuel for pipeline distribution and usage; 37 capital investment in facilities, including pipelines, necessary 38 to inject and deliver renewable natural gas and hydrogen-based 39 fuel; renewable natural gas and hydrogen-based fuel storage 40 facilities; operation and maintenance expenses associated with 41 any such renewable natural gas and hydrogen-based fuel 42 infrastructure projects; and an appropriate return on investment 43 consistent with that allowed for other utility plants that 44 provide service to customers. 45 (11) Cost recovery for any renewable natural gas or 46 hydrogen-based fuel infrastructure project sought pursuant to 47 this section must be approved by the commission. 48 (a) In assessing whether cost recovery for any renewable 49 natural gas or hydrogen-based-based fuel infrastructure projects 50 is appropriate, the commission shall consider whether the 51 projected costs for such renewable natural gas or hydrogen-based 52 fuel infrastructure projects are reasonable and consistent with 53 subsection (10). 54 (b) Recovery of costs incurred by a public utility for a 55 renewable natural gas or hydrogen-based fuel infrastructure 56 project approved for cost recovery under this section may not be 57 allowed until such facility is placed in service. Upon approval 58 of cost recovery by the commission, costs incurred before the 59 facility is placed in service may be deferred on the public 60 utility’s books for recovery once the facility is in service. 61 This does not preclude application of any other regulatory 62 accounting rules that are otherwise deemed appropriate, 63 including, but not limited to, normal recovery of costs for 64 construction work in progress. 65 Section 2. This act shall take effect July 1, 2023. 66 67 ================= T I T L E A M E N D M E N T ================ 68 And the title is amended as follows: 69 Delete everything before the enacting clause 70 and insert: 71 A bill to be entitled 72 An act relating to renewable energy cost recovery; 73 amending s. 366.91, F.S.; revising the types of 74 contracts which are eligible for cost recovery by a 75 public utility under certain circumstances; 76 authorizing a public utility to recover prudently 77 incurred renewable natural gas or hydrogen-based fuel 78 infrastructure project costs through an appropriate 79 Florida Public Service Commission cost-recovery 80 mechanism; providing that such costs are not subject 81 to further actions except under certain circumstances; 82 specifying eligible renewable natural gas and 83 hydrogen-based fuel infrastructure projects; requiring 84 that cost recovery for such projects be approved by 85 the commission; providing requirements for the 86 approval determination; prohibiting cost recovery 87 until a facility is placed in service; providing that 88 certain other regulatory accounting rules may apply to 89 such cost recovery; providing an effective date.