Bill Text: FL H0725 | 2010 | Regular Session | Introduced

---

Bill Title: Municipal Electric Utilities

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Energy & Utilities Policy (GGPC) [H0725 Detail]

Download: Florida-2010-H0725-Introduced.html

---

HB 725

1	A bill to be entitled
2	An act relating to municipal electric utilities; amending
3	s. 366.02, F.S.; revising the definition of the term
4	"public utility" to include certain municipal electric
5	utilities for a specified minimum period; amending s.
6	366.11, F.S.; providing that such municipal electric
7	utilities are not exempt from specified provisions
8	regulating public utilities; providing that the Florida
9	Public Service Commission has the authority to enforce the
10	provisions of the act; providing rulemaking authority;
11	providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Subsection (1) of section 366.02, Florida
16	Statutes, is amended to read:
17	366.02 Definitions.-As used in this chapter:
18	(1) "Public utility" means every person, corporation,
19	partnership, association, or other legal entity and their
20	lessees, trustees, or receivers supplying electricity or gas
21	(natural, manufactured, or similar gaseous substance) to or for
22	the public within this state; but the term "public utility" does
23	not include either a cooperative now or hereafter organized and
24	existing under the Rural Electric Cooperative Law of the state;
25	a municipality or any agency thereof, except for a municipality
26	or agency thereof that is supplying electricity to or for the
27	public and has less than 45 percent of its total retail electric
28	customers receiving service at physical addresses located within
29	its corporate boundaries; any dependent or independent special
30	natural gas district; any natural gas transmission pipeline
31	company making only sales or transportation delivery of natural
32	gas at wholesale and to direct industrial consumers; any entity
33	selling or arranging for sales of natural gas which neither owns
34	nor operates natural gas transmission or distribution facilities
35	within the state; or a person supplying liquefied petroleum gas,
36	in either liquid or gaseous form, irrespective of the method of
37	distribution or delivery, or owning or operating facilities
38	beyond the outlet of a meter through which natural gas is
39	supplied for compression and delivery into motor vehicle fuel
40	tanks or other transportation containers, unless such person
41	also supplies electricity or manufactured or natural gas. A
42	municipality or agency thereof that qualifies as a public
43	utility under this subsection shall be treated as a public
44	utility for a minimum of 5 years.
45	Section 2. Subsection (1) of section 366.11, Florida
46	Statutes, is amended to read:
47	366.11 Certain exemptions.-
48	(1) No provision of this chapter shall apply in any
49	manner, other than as specified in ss. 366.04, 366.05(7) and
50	(8), 366.051, 366.055, 366.093, 366.095, 366.14, 366.80-366.85,
51	and 366.91, to utilities owned and operated by municipalities,
52	except those defined as public utilities pursuant to s.
53	366.02(1), whether within or without any municipality, or by
54	cooperatives organized and existing under the Rural Electric
55	Cooperative Law of the state, or to the sale of electricity,
56	manufactured gas, or natural gas at wholesale by any public
57	utility to, and the purchase by, any municipality or cooperative
58	under and pursuant to any contracts now in effect or which may
59	be entered into in the future, when such municipality or
60	cooperative is engaged in the sale and distribution of
61	electricity or manufactured or natural gas, or to the rates
62	provided for in such contracts.
63	Section 3. The Florida Public Service Commission shall
64	have jurisdiction to enforce the provisions of this act and is
65	authorized to adopt rules to implement this act.
66	Section 4. This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.