Bill Text: FL S2632 | 2010 | Regular Session | Introduced

Florida Senate Bill 2632 (Prior Session Legislation)

Introduced

Bill Title: Municipal Electric Utilities [EPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Communications, Energy, and Public Utilities [S2632 Detail]

Download: Florida-2010-S2632-Introduced.html

 
Florida Senate - 2010                                    SB 2632 
 
By Senator Negron 
28-01595A-10                                          20102632__ 
1                        A bill to be entitled 
2         An act relating to municipal electric utilities; 
3         amending s. 366.02, F.S.; revising the definition of 
4         the term “public utility” to include certain municipal 
5         electric utilities for a specified minimum period; 
6         amending s. 366.11, F.S.; providing that such 
7         municipal electric utilities are not exempt from 
8         specified provisions regulating public utilities; 
9         providing that the Florida Public Service Commission 
10         has the authority to enforce the provisions of the 
11         act; providing rulemaking authority; providing an 
12         effective date. 
13 
14  Be It Enacted by the Legislature of the State of Florida: 
15 
16         Section 1. Subsection (1) of section 366.02, Florida 
17  Statutes, is amended to read: 
18         366.02 Definitions.—As used in this chapter: 
19         (1) “Public utility” means every person, corporation, 
20  partnership, association, or other legal entity and their 
21  lessees, trustees, or receivers supplying electricity or gas 
22  (natural, manufactured, or similar gaseous substance) to or for 
23  the public within this state; but the term “public utility” does 
24  not include either a cooperative now or hereafter organized and 
25  existing under the Rural Electric Cooperative Law of the state; 
26  a municipality or any agency thereof, except for a municipality 
27  or agency thereof that is supplying electricity to or for the 
28  public and serves more than 56 percent of its total retail 
29  electric customers at physical addresses located outside its 
30  municipal boundaries, with less than 50 percent of the customers 
31  outside its municipal boundaries receiving service at physical 
32  addresses within the boundaries of another municipality pursuant 
33  to contract or agreement between the municipalities; any 
34  dependent or independent special natural gas district; any 
35  natural gas transmission pipeline company making only sales or 
36  transportation delivery of natural gas at wholesale and to 
37  direct industrial consumers; any entity selling or arranging for 
38  sales of natural gas which neither owns nor operates natural gas 
39  transmission or distribution facilities within the state; or a 
40  person supplying liquefied petroleum gas, in either liquid or 
41  gaseous form, irrespective of the method of distribution or 
42  delivery, or owning or operating facilities beyond the outlet of 
43  a meter through which natural gas is supplied for compression 
44  and delivery into motor vehicle fuel tanks or other 
45  transportation containers, unless such person also supplies 
46  electricity or manufactured or natural gas. A municipality or 
47  agency thereof that qualifies as a public utility under this 
48  subsection shall be treated as a public utility for a minimum of 
49  5 years. 
50         Section 2. Subsection (1) of section 366.11, Florida 
51  Statutes, is amended to read: 
52         366.11 Certain exemptions.— 
53         (1) No provision of this chapter shall apply in any manner, 
54  other than as specified in ss. 366.04, 366.05(7) and (8), 
55  366.051, 366.055, 366.093, 366.095, 366.14, 366.80-366.85, and 
56  366.91, to utilities owned and operated by municipalities, 
57  except those defined as public utilities pursuant to s. 
58  366.02(1), whether within or without any municipality, or by 
59  cooperatives organized and existing under the Rural Electric 
60  Cooperative Law of the state, or to the sale of electricity, 
61  manufactured gas, or natural gas at wholesale by any public 
62  utility to, and the purchase by, any municipality or cooperative 
63  under and pursuant to any contracts now in effect or which may 
64  be entered into in the future, when such municipality or 
65  cooperative is engaged in the sale and distribution of 
66  electricity or manufactured or natural gas, or to the rates 
67  provided for in such contracts. 
68         Section 3. The Florida Public Service Commission shall have 
69  jurisdiction to enforce the provisions of this act and is 
70  authorized to adopt rules to implement this act. 
71         Section 4. This act shall take effect upon becoming a law.