Florida Statutes 366.042 – Mutual aid agreements of rural electric cooperatives and municipal electric utilities
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(1) For the purposes of restoring power following a natural disaster that is subject to a state of emergency declared by the Governor, all rural electric cooperatives and municipal electric utilities shall enter into and maintain, at a minimum, one of the following:
(a) A mutual aid agreement with a municipal electric utility;
Terms Used In Florida Statutes 366.042
- Commission: means the Florida Public Service Commission. See Florida Statutes 366.02
- Electric utility: means any municipal electric utility, investor-owned electric utility, or rural electric cooperative which owns, maintains, or operates an electric generation, transmission, or distribution system within the state. See Florida Statutes 366.02
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Public utility: means every person, corporation, partnership, association, or other legal entity and their lessees, trustees, or receivers supplying electricity or gas (natural, manufactured, or similar gaseous substance) to or for the public within this state; but the term "public utility" does not include either a cooperative now or hereafter organized and existing under the Rural Electric Cooperative Law of the state; a municipality or any agency thereof; any dependent or independent special natural gas district; any natural gas transmission pipeline company making only sales or transportation delivery of natural gas at wholesale and to direct industrial consumers; any entity selling or arranging for sales of natural gas which neither owns nor operates natural gas transmission or distribution facilities within the state; or a person supplying liquefied petroleum gas, in either liquid or gaseous form, irrespective of the method of distribution or delivery, or owning or operating facilities beyond the outlet of a meter through which natural gas is supplied for compression and delivery into motor vehicle fuel tanks or other transportation containers, unless such person also supplies electricity or manufactured or natural gas. See Florida Statutes 366.02
(b) A mutual aid agreement with a rural electric cooperative;
(c) A mutual aid agreement with a public utility; or
(d) A pre-event agreement with a private contractor.
(2) All rural electric cooperatives and municipal electric utilities operating in this state shall annually submit to the commission an attestation, in conformity with s. 92.525, stating that the organization has complied with the requirements of this section on or before May 15. Nothing in this section shall be construed to give the commission jurisdiction over the terms and conditions of a mutual aid agreement or agreement with a private contractor entered into by a rural electric cooperative or a municipal electric utility.
(3) The commission shall compile the attestations and annually submit a copy to the Division of Emergency Management no later than May 30.
(4) A rural electric cooperative or municipal electric utility that submits the attestation required by this section is eligible to receive state financial assistance, if such funding is available, for power restoration efforts following a natural disaster that is subject to a state of emergency declared by the Governor.
(5) A rural electric cooperative or municipal electric utility that does not submit an attestation required by this section is ineligible to receive state financial assistance for power restoration efforts following a natural disaster that is subject to a state of emergency declared by the Governor, until such time as the attestation is submitted.
(6) Nothing in this section shall be construed to prohibit, limit, or disqualify a rural electric cooperative or municipal electric utility from receiving funding under the Stafford Act, 42 U.S.C. ss. 5121 et seq., or any other federal program, including programs administered by the state.
(7) This section does not expand or alter the jurisdiction of the commission over public utilities or electric utilities.