Florida 2023 2023 Regular Session

Florida Senate Bill S0194 Analysis / Analysis

Filed 04/12/2023

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Appropriations Committee on Agriculture, Environment, and General 
Government  
BILL: CS/SB 194 
INTRODUCER:  Regulated Industries Committee and Senator Hooper 
SUBJECT:  Utility System Rate Base Values 
DATE: April 11, 2023 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Schrader Imhof RI Fav/CS 
2. Sanders Betta AEG  Favorable 
3.     FP  
 
Please see Section IX. for Additional Information: 
COMMITTEE SUBSTITUTE - Substantial Changes 
 
I. Summary: 
CS/SB 194 creates s. 367.0811, F.S., to authorize public water and wastewater utilities to utilize 
an alternative fair market valuation methodology to establish the rate base for an acquired water 
or wastewater utility system
1
 using the lesser of either: 
 The purchase price paid for the acquired utility; or 
 The average of three appraisals of the value of the acquired utility (appraised by three 
licensed appraisers chosen from a list established by the Florida Public Service Commission 
(PSC)). 
 
The impact to state revenues and expenditures is indeterminate at this time as the impact to state 
agencies is not known at this time nor is clear how the change to the PSC’s cost for transfer and 
rate proceedings will be affected. 
 
The effective date of the bill is July 1, 2023. 
                                                
1
 Under the bill, the acquired system may be an investor-owned water or wastewater utility, a municipal water or wastewater 
utility as described in s. 367.022(2). 
REVISED:   BILL: CS/SB 194   	Page 2 
 
II. Present Situation: 
Challenges for Small Water Utilities 
The water and wastewater industry is one of the most capital intensive industries in the United 
States.
2
 As of 2018, the United States Environmental Protection Agency (EPA) estimated 
$473 billion was needed to maintain and improve water infrastructure over the next 20 years and 
thousands of treatment plants, storage tanks, and other key infrastructure need to be improved or 
replaced.
3
 According to the American Society of Engineers (AASE) there is a water main break 
in the United States every two minutes and six million gallons of treated water is lost, on 
average, each day to such breaks.
4
 AASE also states funding for water infrastructure has not kept 
up with the need to address aging systems and, in many places, water infrastructure is aging and 
deteriorating.
5
 
 
Small water systems can especially struggle to make these needed investments. This happens for 
a number of reasons: 
 Lack of expertise, these systems may simply lack the staff or managerial expertise necessary 
to identify systems in need of maintenance, repair, or replacement. 
 Lack of capital, or at least the inability to access to lower-cost capital, to invest in system 
infrastructure. 
 Lack of economies of scale inherent in larger systems. 
 System abandonment due to disinterest of owners or management in running a system, death 
of the owner or operator of the system with no clear plan of succession, or frustration with an 
inability to meet water standards and other regulatory requirements.
6
 
 
These challenges show up in system violations. Of the 38,853 Safe Drinking Water Act 
(SDWA)
7
 violations in the United States in 2021, 30,153 (77 percent) were in very small 
systems. For Florida, of the 1,382 SDWA violations, 1,017 (73 percent) were in very small 
systems. 
 
Fair Market Value Statutes in General 
Given the potential issues with small water systems, states have looked into ways to encourage 
system consolidation. One tool that has been used in other states is a concept called fair market 
valuation. Fair market valuation (FMV) is a regulatory tool that seeks to incentivize larger water 
utilities that may be better positioned to make investments in the system and may have better 
                                                
2
 National Regulatory Research Institute, A Review of State Fair Market Value Acquisitions Policies for Water and 
Wastewater Systems, Sep. 2021 (available at https://pubs.naruc.org/pub/ED8E5710-1866-DAAC-99FB-B70190F3D64A).  
3
 Environmental Protection Agency, Infographic: EPA’s 6
th
 Drinking Water Infrastructure Needs Survey and Assessment, 
Aug. 2018, https://www.epa.gov/sites/default/files/2018-08/documents/dwinsa_infographic_august_2018_final.pdf.  
4
 American Society of Engineers, 2021 Report Card for America’s Future, https://infrastructurereportcard.org/ (last visited 
March 18, 2023). 
5
 American Society of Engineers, The Economic Benefits of Investing in Water Infrastructure, pg. 9-12, 2020  
https://www.uswateralliance.org/sites/uswateralliance.org/files/publications/VOW%20Economic%20Paper_0.pdf  
6
 National Regulatory Research Institute, supra note 2, at 8-11. 
7
 The Safe Drinking Water Act, Pub. L. 93-523, is intended to ensure the quality drinking water by regulating public water 
systems in the United States. Under this Act, the EPA sets standards for drinking water quality and oversees the states, 
federally-recognized tribes, and territories that implement the United States’ drinking water program.  BILL: CS/SB 194   	Page 3 
 
access to economies of scale, lower cost capital, and water and wastewater system expertise.
8
 To 
date, 14 states have passed some sort of FMV legislation: California, Illinois, Indiana, Iowa, 
Kentucky, Maryland, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania, Texas, West 
Virginia, and Virginia.
9
 
 
Valuation of a Water Utility 
The traditional basis for determining the rate base of a utility is the original cost minus 
depreciation (also known as net book value).
10
 This type of valuation is typically called “original 
cost valuation.”
11
 Two other types of valuation are fair value—which attempts to value at a rate 
more closely reflecting actual market value—and reproduction cost—which attempts to value at 
a rate that would permit the reproduction of the property in question.
12
 The theory behind 
original cost valuation is that by applying a required rate of return (i.e. a return on investment) of 
the depreciated original cost of the investment in utility property devoted to public service, and 
then accounting for utility operating costs and taxes, the investors in the utility are given 
reasonable return on their capital put at risk in operating the utility.
13
 
 
Stemming from this original cost methodology, the traditional method for valuing a utility is to 
use the original rate base value of the utility and deduct any depreciation. The presumption with 
this methodology is the value of the system is based on the value of the presumed life left in the 
system, based off of the original investment.
14
 Proponents of FMV state this methodology can 
sometimes undervalue a system and make it difficult to acquire as sellers can feel as though they 
are not getting a fair value for their system.
15
 Thus, what FMV statutes attempt to do, is set a rate 
that attempts to match the “market rate” for the system. This is typically done by requiring 
multiple appraisals of the system to be acquired and comparing that with the price paid for the 
system.
16
 
 
Potential Issues with Fair Market Valuation 
Generally, the purpose of FMV statutes is to encourage larger utilities (that generally have 
improved economies of scale and better access to capital) to acquire smaller or distressed 
systems, with the intent of improving water and wastewater system infrastructure for the 
acquired utility. However, FMV statutes can present some risks to ratepayers: 
                                                
8
 National Regulatory Research Institute, supra note 2, at 1-11, and United States Government Accountability Office, Private 
Water Utilities: Actions Needed to Enhance Ownership Data, pgs 38-39, March 2021 (available at 
https://www.gao.gov/assets/gao-21-291.pdf). 
9
 National Association of Water Companies: Truth from the Tap, The Many Benefits of Utility Valuation Reform, 
https://truthfromthetap.com/the-many-benefits-of-utility-valuation-reform/ (last visited: March 28, 2023). 
10
 Florida Public Service Commission, Bill Analysis for SB 194 (Feb. 10, 2023) (on file with the Senate Appropriations 
Committee on Agriculture, Environment, and General Government). 
11
 Walter J, Primeaux, Jr., Edward L. Bubnys, and Robert H. Rasche, Fair Value Versus Original Cost Rate Base Valuation 
 During Inflation, The Energy Journal, Vol. 5, No. 2 (April 1984) (available at https://ipu.msu.edu/wp-
content/uploads/2018/12/41321682.pdf).  
12
 Id. 
13
 Florida Public Service Commission, Bill Analysis for SB 194, supra note 10. 
14
 National Regulatory Research Institute, supra note 2, at 1. 
15
 Id. and National Association of Water Companies: Truth from the Tap, Municipalities and Taxpayers Deserve a Fair Deal 
for Utility Assets, https://truthfromthetap.com/wp-content/uploads/2022/01/FMV-Factsheet.pdf (last visited March 18, 2023). 
16
 National Regulatory Research Institute, supra note 2, at 1.  BILL: CS/SB 194   	Page 4 
 
 It can encourage utilities to simply swap assets and increase ratepayer costs without any 
guarantee of improvement of quality of service or increased cost efficiencies.
17
 
 Buyers and sellers both have an incentive to raise the purchase price of the acquired utility as 
high as possible. Typical market forces controlling acquisition prices (i.e. buyer and seller 
pressuring the acquisition price in opposing directions) do not work the same for monopoly 
businesses. Buyers can benefit when a premium is reflected in rate base that they can pass 
along to customers, plus the additional opportunity to service new customers. Sellers can 
stand to reap a financial windfall from proceeds from the sale, and these proceeds 
significantly exceed their investment.
18
 
 Monopoly assets can be difficult to value because there are not as many comparable 
available. There may also be a shortage of experts who can do these types of valuations.
19
 
 Acquisitions can result in significant “rate shock” for ratepayers, especially in systems that 
have been historically underinvested in.
20
 
 FMV statutes can encourage “bad behavior” in utility owners considering selling their 
systems as these owners may calculate that they do not need to invest in/properly maintain 
their system in order to sell it for a profit.
21
 
 The hope with most FMV statutes is that struggling and distressed utilities will be acquired 
by larger, better run utilities. However, what can happen with FMV statutes is that the most 
lucrative systems to acquire are the ones that are acquired first (or at all), and, potentially, the 
ones most in need of investment are not.
22
  
 Increases in the underlying value of the land upon which the acquired utility is situated can 
result in significant rate increases solely based on real estate prices.
23
 
 Inflated purchase costs can run counter to two of the typical reasons for FMV statutes: lower 
costs for the consumer and improved performance.
24
 
 
Given these risks, most states that have enacted FMV statutes have placed restrictions on which, 
and under what circumstances, a water or wastewater utility may be acquired under an FMV 
statute. These may include:  
 Requiring the acquiring utility be of sufficient size. 
 Requiring the acquired utility be municipal, small, or disadvantaged or distressed. 
 Requiring acquisition benefit from economies of scale. 
 Providing an initial moratorium or a limit on rate increases (i.e. “rate shock protection”). This 
could be through a rate stabilization plan submitted by the acquiring utility or required by the 
utility regulator. 
                                                
17
 Florida Public Service Commission, Bill Analysis for SB 194, supra note 10. 
18
 Janice Beecher, Water utility consolidation: is fair market value fair?, Michigan State University Institute of Public 
Utilities, 5, 2019 (available at https://ipu.msu.edu/wp-content/uploads/2019/06/Beecher-Fair-Market-Value-Water-June-
2019.pdf), Scott Hempling,  Water Mergers: are they making economic sense?, June 2019 (available at 
https://energiahoy.com/2019/06/02/water-mergers-are-they-making-economic-sense/), and United States Government 
Accountability Office, supra note 8, at 39-40. 
19
 National Regulatory Research Institute, supra note 2, at 17. 
20
 Id. 
21
 Id. at 18. 
22
 Id. at 18-19. 
23
 Florida Public Service Commission, Bill Analysis for SB 194, supra note 10. 
24
 Scott Hempling, supra note 18.  BILL: CS/SB 194   	Page 5 
 
 Requiring disclosure of anticipated rate impacts in an FMV application.
25
 
 
Other proposed ideas for ratepayer protections include limiting or linking rate increases to cost 
savings or service improvements, or creating competition amongst potential acquirers and the 
acquirer with the most value offered to the ratepayer “wins” (this would essentially be an auction 
of the utility once it puts itself up for sale).
26
  
 
Florida Public Service Commission  
The Florida Public Service Commission (PSC) is an arm of the legislative branch of 
government.
27
 The role of the PSC is to ensure Florida’s consumers receive utility services, 
including electric, natural gas, telephone, water, and wastewater, in a safe, affordable, and 
reliable manner.
28
 In order to do so, the PSC exercises authority over public utilities in one or 
more of the following areas: rate base or economic regulation; competitive market oversight; and 
monitoring of safety, reliability, and service issues.
29
 
 
Florida Public Service Commission Regulation of Water and Wastewater Utilities 
Florida’s Water and Wastewater System Regulatory Law, ch. 367, F.S., regulates water and 
wastewater systems in the state. Section 367.011, F.S., states the PSC has exclusive jurisdiction 
over each utility with respect to its authority, service, and rates. For the chapter, a “utility” is 
defined as “a water or wastewater utility and, except as provided in s. 367.022, F.S., includes 
every person, lessee, trustee, or receiver owning, operating, managing, or controlling a system, or 
proposing construction of a system, who is providing, or proposes to provide, water or 
wastewater service to the public for compensation.” Section 367.022, F.S., exempts certain types 
of water and wastewater operations from the PSC’s jurisdiction and the provisions of ch. 367, 
F.S. (except as expressly provided). Such exempt operations include: municipal water and 
wastewater systems, public lodging systems that only provide service to their guests, systems 
with a 100-person or less capacity, landlords that include service to their tenants without specific 
compensation for such service, and mobile home parks operating both as a mobile home park 
and a mobile home subdivision that provide “service within the park and subdivision to a 
combination of both tenants and lot owners, provided that the service to tenants is without 
specific compensation.”
30
 The PSC also does not regulate utilities that have exempted 
themselves from regulation pursuant to s. 367.171, F.S.  
 
Currently, the PSC has over 149 water, wastewater, and water and wastewater utilities that are 
under its regulatory authority.
31
 This is in comparison to four investor-owned electric utilities 
                                                
25
 National Regulatory Research Institute, supra note 2, at 19-31. 
26
 Scott Hempling, supra note 18. 
27
 Section 350.001, F.S. 
28
 See Florida Public Service Commission, Florida Public Service Commission Homepage, http://www.psc.state.fl.us (last 
visited Mar. 3, 2023). 
29
 Florida Public Service Commission, About the PSC, https://www.psc.state.fl.us/about (last visited March 28, 2023). 
30
 Section 367.022(2), F.S. 
31
 Email from Mark Futrell, Deputy Executive Director—Technical, Florida Public Service Commission, to Senate Regulated 
Industries Staff (March 19, 2023)(on file with the Senate Regulated Industries Committee).  BILL: CS/SB 194   	Page 6 
 
and eight investor-owned gas utilities in the state.
32
 Florida’s investor-owned water and 
wastewater utilities are much less consolidated than the state’s investor-owned electric and gas 
utilities. Many of these systems are quite small—currently the United States Environmental 
Protection Agency (EPA) classifies 83.2 percent of Florida’s water systems as very small 
(meaning the system serves 500 people or less).
33
 The PSC data also shows the vast majority of 
water and wastewater systems are quite small, with 83 water systems and 58 wastewater in 
Florida having gross annual revenues of $300,000 or less. This means these utilities qualify (due 
to their small size) to have PSC staff assistance in their rate cases.
34
 
 
Water and Wastewater Ratemaking in Florida 
Florida is an “original cost” state in terms of rate base value. The PSC sets rates for all water and 
wastewater utilities within its jurisdiction and the rates must be “just, reasonable, compensatory, 
and not unfairly discriminatory.”
35
 Florida Administrative Code Rule 25-30.115, requires water 
and wastewater utilities maintain their accounts and records in conformity with the 
1996 National Association of Regulatory Utility Commissioners (NARUC) Uniform Systems of 
Accounts (USOA).
36
 The NARUC USOA states “’original cost’, as applied to a utility plant, 
means the cost of such property to the person first devoting it to the public service.”
37
  
 
As to the “compensatory” aspect of rates, the PSC is required, in each rate-setting proceeding, to 
consider “cost of providing the service, which shall include, but not be limited to, debt interest; 
the requirements of the utility for working capital; maintenance, depreciation, tax, and operating 
expenses incurred in the operation of all property used and useful in the public service; and a fair 
return on the investment of the utility in property used and useful in the public service.”
 38
 
However, the PSC is prohibited from allowing “the inclusion of contributions-in-aid-of-
construction
39
 in the rate base of any utility during a rate proceeding,” nor can the PSC, “impute 
prospective future contributions-in-aid-of-construction against the utility’s investment in 
property used and useful in the public service; and accumulated depreciation on such 
contributions-in-aid-of-construction shall not be used to reduce the rate base, nor shall 
depreciation on such contributed assets be considered a cost of providing utility service.” 
 
                                                
32
 Florida Public Service Commission, 2022 Facts and Figures of the Florida Utility Industry, pg. 5, Apr. 2022 (available at 
https://www.floridapsc.com/pscfiles/website-files/PDF/Publications/Reports/General/FactsAndFigures/April%202022.pdf)   
33
 Environmental Protection Agency, Enforcement Compliance History Online, https://echo.epa.gov/trends/comparative-
maps-dashboards/drinking-water-dashboard (last visited March 28, 2023). 
34
 Many small water and wastewater utilities struggle with the resources and expertise necessary to properly file for and 
complete a full rate case. Thus, Fla. Admin. Code R. 25-30.455, authorized pursuant to s. 367.0814, F.S., provides that 
“water and wastewater utilities whose total gross annual operating revenues are $300,000 or less for water service or 
$300,000 or less for wastewater service, or $600,000 or less on a combined basis,” may apply with the PSC for staff 
assistance with rate applications. In staff-assisted rate cases (SARCs),  
35
 Section 367.081(2)(a)1., F.S. 
36
 NARUC USOA is incorporated by reference into Florida Admin. Code Rule 25-30.115. 
37
 Florida Public Service Commission, Bill Analysis for SB 194, supra note 10. 
38
 Section 367.081(2)(a)1., F.S. 
39
 Section 367.021(3), F.S., defines “Contribution-in-aid-of-construction” as “any amount or item of money, services, or 
property received by a utility, from any person or governmental authority, any portion of which is provided at no cost to the 
utility, which represents a donation or contribution to the capital of the utility, and which is used to offset the acquisition, 
improvement, or construction costs of the utility property, facilities, or equipment used to provide utility services.”  BILL: CS/SB 194   	Page 7 
 
As to the “a fair return on the investment of the utility in property used and useful in the public 
service” required under s. 367.081(2)(a)1., F.S., the PSC has consistently interpreted the 
“investment of the utility” to be the original cost of the property when first dedicated to public 
service. Florida Administrative Code Rule 25-30.140(1)(r), states, “[i]n the event that an asset is 
acquired that is already in public service, the original historic cost of the asset should be recorded 
in plant in service.” 
 
Water and Wastewater Utility Acquisitions in Florida 
Section 367.031, F.S., requires each water and wastewater utility under the PSC’s jurisdiction 
must obtain a certificate of authorization from the PSC. This certificate grants the utility the 
authorization to provide water or wastewater service within a defined geographic area. This 
certificate of authorization, or the corresponding utility’s facilities, may not be sold, assigned, or 
transferred without authorization from the PSC. Pursuant to s. 367.071(1), F.S., the PSC may 
approve a sale, assignment, or transfer if such is in the public interest. A sale, transfer, or 
assignment may occur prior to the PSC’s approval, if the contract executing such transaction is 
made contingent to the PSC’s approval. Section 367.071(5), F.S., provides the PSC “may 
establish the rate base for a utility or its facilities or property when the commission approves a 
sale, assignment, or transfer thereof, except for any sale, assignment, or transfer to a 
governmental authority.” 
III. Effect of Proposed Changes: 
Section 1 of the bill creates s. 367.0811, F.S., to establish an alternative fair market value (FMV) 
process for establishing the rate base of a purchased water system
40
 to be used for ratemaking 
purposes in the acquiring utility’s next rate case. This method differs, and is an alternative, from 
the original cost method existing in current statute in s. 367.081, F.S. The bill provides 
Legislative intent in that it finds it is in the public interest to promote consolidation efforts with 
water and wastewater utility systems in order to encourage economies of scale, better access to 
lower material and supply costs, better access to capital, improvement in utility infrastructure, 
and improvement in the quality of service overall. 
 
The rate base established by the proposed procedure in the bill cannot exceed the lesser of the 
purchase price negotiated between the parties to the acquisition transaction or the average of 
three required appraisals. This amount may not be adjusted for contribution-in-aid-of-
construction or used and useful in serving the public. The rate base value established may also 
include reasonable transaction and closing costs incurred by the acquiring utility and reasonable 
fees paid to the appraisers. The appraisers used in valuing the utility to be acquired must be paid 
by the acquiring utility (acquirer), chosen from a list provided by the Public Service Commission 
(PSC), and the appraisal they provide must be consistent with the Uniform Standards of 
Professional Appraisal Practice. 
 
The acquiring utility and the utility system to be acquired (acquiree) must jointly retain a 
licensed engineer to assess the tangible assets of the acquiree. This assessment must be provided 
to the appraisers to assist in valuing the acquiree.  
                                                
40
 Under the bill, the acquired system may be an investor-owned water or wastewater utility, a municipal water or wastewater 
utility as described in s. 367.022(2).  BILL: CS/SB 194   	Page 8 
 
 
A petition filed pursuant to s. 367.0811, F.S., to establish an FMV rate base value must include: 
 The requested rate base value for the acquiree. 
 Copies of the required appraisals, including the average of the valuations produced by each 
appraisal. 
 A copy of the required assessment of tangible assets. 
 A three-year plan to address each deficiency identified by the assessment of tangible assets. 
The plan must address impact on quality of service and any planned improvements to water 
quality. 
 The five-year projected rate impact on the customers of the acquiree, including, but not 
limited to, the rate impact of all of the following: 
o Any cost efficiencies expected to result from the acquisition transaction. 
o Use of this section, instead of the original cost method pursuant to s. 367.081, F.S., to 
establish the rate base value. 
 The contract of sale. 
 The estimated value of fees and transaction and closing costs to be incurred by the acquiring 
utility. 
 A tariff, including rates equal to the rates of the utility system being acquired. The acquirer 
must also include a rate stabilization plan
41
 if the acquisition would result in a significant 
individual increase in rates during the five-year projected rate period. 
 
If a completed petition meets all of the filing requirements of the bill, the PSC will have eight 
months from the date of filing to issue a final order on the petition. In its order, the PSC may, in 
the public interest, grant the petition, in whole or in part, or with modifications, or may deny the 
petition. However, the PSC may not approve a rate base value higher than that requested in the 
petition. 
 
In future rate cases, the bill permits the PSC, pursuant to ch. 367, F.S., to set rates for the 
acquired utility system in future rate cases and may classify the acquired utility system as a 
separate entity for ratemaking purposes if it is deemed to be in the public interest. 
 
The acquiring utility under s. 366.0811, F.S., must be engaged in an arms-length transaction with 
the acquiree, and either have 10,000 or more customers or be permitted to produce at least three 
million gallons per day of drinking water. 
 
In considering a rate base value petition pursuant to the section, the PSC must consider all of the 
following standards: 
 Improvements in quality of service. 
 Improvements in compliance with regulatory requirements. 
 Rate reductions or rate stability over a long-term period. 
 Cost efficiencies. 
 A demonstration that the purchase is being made as part of an arms-length transaction. 
 Economies of scale to be generated by the transaction. 
                                                
41
 The bill defines a “rate stabilization plan” as an acquirer’s plan to implement rate changes incrementally over a period of 
time to mitigate rate increases and to predictably achieve consolidated pricing over time.  BILL: CS/SB 194   	Page 9 
 
 A comparison of the acquirer’s net book value, to the extent available, and the proposed rate 
base value of the acquiree. 
 A demonstration that the acquirer has greater access to capital than the acquiree. 
 
The PSC may use these standards to set reasonable performance goals and may review 
performance regarding the standards in a rate proceeding. 
 
The bill also directs the PSC to adopt rules to implement the section. 
 
Section 2 of the bill provides an effective date of July 1, 2023. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
Under CS/SB 194, some acquired utilities will likely see higher valuations than under 
Florida’s current rate base valuation scheme. This would increase the purchase price of 
those utilities and could lead to higher rates for such utilities’ customers, at least in the 
short term. Customers may also see a rate impact from transaction, closing, and appraiser 
costs allowed to be included in rate base value under the bill.  BILL: CS/SB 194   	Page 10 
 
C. Government Sector Impact: 
According to the Public Service Commission’s (PSC) analysis, the impact of CS/SB 194 
on state agencies is not known at this time. It is unclear how the change to the PSC’s cost 
for transfer and rate proceedings will be affected.
42
 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
In its analysis of the bill, the Public Service Commission (PSC) stated it does not have expertise 
in property appraisers and thus they may be ill-equipped to establish and maintain a list of 
approved appraisers. The PSC suggested an alternative to have another agency with expertise in 
the area, such as the Department of Business and Professional Regulation, which regulates 
appraisers, maintain this list.
43
 
 
CS/SB 194 may generate litigation, as the PSC states all fair market value (FMV) acquisitions 
may have to be processed exclusively as s. 120.57, F.S., hearings. In addition, the PSC believes 
there may be litigation from ratepayers and consumer advocates in regards to assessment of 
potentially excessive rates and evaluation costs. The PSC also anticipates that it may have 
litigation in regards to establishing and maintaining the list of appraisers.
44
 
VIII. Statutes Affected: 
This bill creates section 367.0811 of the Florida Statutes. 
IX. Additional Information: 
A. Committee Substitute – Statement of Changes:  
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
CS by Regulated Industries on March 21, 2023: 
The committee substitute amended SB 194 to: 
 Add legislative intent; 
 Require that the acquiring utility file a rate stabilization plan if the acquisition would 
result in a significant individual increase in rates; 
 Revise the applicability of the bill to water and wastewater utilities that are engaged 
in an arms-length transaction and either 1) provide water or wastewater service, or 
both, to more than 10,000 customers; or 2) are permitted to produce at least three 
million gallons per day of drinking water; 
 Provide minimum standards that the Public Service Commission (PSC) must use in 
considering a rate base value petition pursuant to the bill; 
                                                
42
 Id. 
43
 Id. 
44
 Id.  BILL: CS/SB 194   	Page 11 
 
 Authorize the PSC to set reasonable performance goals for the acquiring utility based 
on the standards provided in the bill and review performance regarding these 
standards in a rate proceeding; and 
 Make technical changes. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.