HB 821 2023
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hb0821-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to renewable energy cost recovery; 2
amending s. 366.91, F.S.; revising the types of 3
contracts which are eligible for cost recovery by a 4
public utility under certain circumstances; 5
authorizing a public utility to recover prudently 6
incurred renewable natural gas and hydrogen fuel 7
infrastructure project costs through the appropriate 8
Public Service Commission cost -recovery mechanism; 9
providing that such costs prudently incurred are not 10
subject to further actions except under certain 11
circumstances; specifying eligible renewable natural 12
gas and hydrogen fuel infrastructure projects; 13
providing an effective date. 14
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Be It Enacted by the Legislatu re of the State of Florida: 16
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Section 1. Subsection (9) of section 366.91, Florida 18
Statutes, is amended, and subsection (10) is added to that 19
section, to read: 20
366.91 Renewable energy. — 21
(9) The commission may approve cost recovery by a gas 22
public utility for Contracts for the purchase of renewable 23
natural gas and hydrogen in which the pricing provisions exceed 24
the current market price of natural gas are eligible for cost 25
HB 821 2023
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hb0821-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
recovery, but only if which are otherwise deemed reasonable and 26
prudent by the commission finds that the contract meets the 27
overall goals of subsection (1) by promoting the development or 28
use of renewable energy resources in this state and providing 29
fuel diversification . 30
(10) A public utility may recover, through the appropriate 31
cost-recovery mechanism administered by the commission, 32
prudently incurred costs for renewable natural gas and hydrogen 33
fuel infrastructure projects. If the commission determines that 34
such costs were prudently incurred, those costs are not subject 35
to disallowance or further prudence review except for fraud, 36
perjury, or intentional withholding of key information by the 37
public utility. For purposes of this subsection for utility cost 38
recovery only, renewable natural gas may include a mixture of 39
natural gas and renewable natural gas. Eligible renewable 40
natural gas and hydrogen fuel infrastructure projects include, 41
but are not limited to, capital investment in projects necessary 42
to prepare or produce renewable natural gas and hydrogen fuel 43
for pipeline distribution and usage; capital investment in 44
facilities, including pipelines, necessary to inject and deliver 45
renewable natural gas and hydrogen fuel throughout this state; 46
renewable natural gas and hydrogen fuel storage facilities; 47
operation and maintenance expenses associated with any such 48
renewable natural gas and hydrogen fuel infrastructure projects; 49
and an appropriate return on investment consistent with that 50
HB 821 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0821-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
allowed for other utility plants used to provide service to 51
customers. 52
Section 2. This act shall tak e effect July 1, 2023. 53