Bill Text: FL S1244 | 2012 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Water and Wastewater Utilities

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-03-09 - Died on Calendar, companion bill(s) passed, see CS/HB 1389 (Ch. [S1244 Detail]

Download: Florida-2012-S1244-Comm_Sub.html

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       Florida Senate - 2012                             CS for SB 1244
       
       
       
       By the Committee on Communications, Energy, and Public
       Utilities; and Senators Hays, Storms, and Fasano
       
       
       
       579-03307-12                                          20121244c1
    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  17 members designated and appointed as follows:
   28         (a) Two Senators appointed by the President of the Senate,
   29  one of whom shall be appointed as chair by the President of the
   30  Senate.
   31         (b) Two Representatives appointed by the Speaker of the
   32  House of Representatives.
   33         (c) The Secretary of Environmental Protection or his or her
   34  designee, who shall be a nonvoting member of the committee.
   35         (d) The chair of the Public Service Commission or his or
   36  her designee, who shall be a nonvoting member of the committee.
   37         (e) A representative of a water management district
   38  appointed by the Governor.
   39         (f) A representative of a water or wastewater system owned
   40  or operated by a municipal government appointed by the Governor.
   41         (g) A representative of a water or wastewater system owned
   42  or operated by a county government appointed by the Governor.
   43         (h) The chair of a county commission that regulates
   44  investor-owned water or wastewater utility systems appointed by
   45  the Governor, who shall be a nonvoting member of the committee.
   46         (i) A representative of a county health department
   47  appointed by the Governor, who shall be a nonvoting member of
   48  the committee.
   49         (j) A representative of the Florida Rural Water Association
   50  appointed by the Governor.
   51         (k) A representative of a small investor-owned water or
   52  wastewater utility appointed by the Governor.
   53         (l) A representative of a large investor-owned water or
   54  wastewater utility appointed by the Governor.
   55         (m) The Public Counsel or his or her designee.
   56         (n) A customer of a Class C water or wastewater utility
   57  appointed by the Governor.
   58         (o) A representative of a governmental authority that was
   59  created pursuant to chapter 163, Florida Statutes, appointed by
   60  the Governor.
   61         (2) The members shall serve until the work of the committee
   62  is complete and the committee is terminated, except that if a
   63  member no longer serves in the position required for
   64  appointment, the member shall be replaced by the individual who
   65  serves in such position.
   66         (3) Members of the committee shall serve without
   67  compensation, but are entitled to reimbursement for all
   68  reasonable and necessary expenses, including travel expenses, in
   69  the performance of their duties as provided in s. 112.061,
   70  Florida Statutes.
   71         (4) An appointing authority may remove or suspend a member
   72  appointed by it for cause, including, but not limited to,
   73  failure to attend two or more meetings of the committee.
   74         (5) The Public Service Commission shall provide the staff,
   75  information, assistance, and facilities as are deemed necessary
   76  for the committee to carry out its duties under this section.
   77  Funding for the committee shall be paid from the Florida Public
   78  Service Regulatory Trust Fund.
   79         (6) The committee shall identify issues of concern of
   80  investor-owned water and wastewater utility systems,
   81  particularly small systems, and their customers and research
   82  possible solutions. In addition, the committee shall consider:
   83         (a) The ability of a small investor-owned water or
   84  wastewater utility to achieve economies of scale when purchasing
   85  equipment, commodities, or services.
   86         (b) The availability of low interest loans to a small,
   87  privately owned water or wastewater utility.
   88         (c) Any tax incentives or exemptions, temporary or
   89  permanent, which are available to a small water or wastewater
   90  utility.
   91         (d) The impact on customer rates if a utility purchases an
   92  existing water or wastewater utility system.
   93         (e) The impact on customer rates of a utility providing
   94  service through the use of a reseller.
   95         (f) Other issues that the committee identifies during its
   96  investigation.
   97         (7) The committee shall meet at the time and location as
   98  the chair determines, except that the committee shall meet a
   99  minimum of four times. At least two meetings must be held in an
  100  area that is centrally located to utility customers who have
  101  recently been affected by a significant increase in water or
  102  wastewater utility rates. The public shall be given the
  103  opportunity to speak at the meetings.
  104         (8) By February 15, 2013, the committee shall prepare and
  105  submit to the Governor, the President of the Senate, and the
  106  Speaker of the House of Representatives a report detailing its
  107  findings pursuant to subsection (6) and making specific
  108  legislative recommendations, including proposed legislation
  109  intended to implement its recommendations. If the committee, in
  110  its report, finds that an issue may effectively be addressed
  111  through agency rulemaking, the committee shall submit to the
  112  appropriate agencies its report and recommendations, including
  113  proposed rules.
  114         (9) This section expires and the committee terminates June
  115  30, 2013.
  116         Section 2. This act shall take effect upon becoming a law.