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Agenda 5/23/2023 Item #16C3 (Advertise and bring back a resolution to consider increasing Water, Wastewater, Irrigation Quality)16.C.3 05/23/2023 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water -Sewer District direct the County Manager or her designee to advertise and bring back for a public hearing a Resolution for future consideration increasing Water, Wastewater, Irrigation Quality Water, and Wholesale Potable Water User Rates by 7.07% amending Schedules One and Two of Appendix A to Section Four of Collier County Water -Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance No. 2001-73, as amended, and provide the requisite 10-day notice to utility customers per the Collier County Water Sewer District Special Act. OBJECTIVE: To update existing Water, Wastewater, Irrigation Quality Water (IQ) and Wholesale Potable Water user rates and fees for the Collier County Water -Sewer District (District) to ensure the revenues are sufficient to recover system -wide operation, maintenance, and repair costs; fund capital improvement and rehabilitation projects; make user fee debt service payments and meet rate covenants in accordance with the Special Act of the Florida Legislature, Chapter 2003-353. CONSIDERATIONS: On September 14, 2021 (Agenda Item ITE), the Board approved Resolution 2021-187 providing for scheduled adjustments to user rates to maintain alignment with increasing commodity and operational costs. Based on the recommendations in the Fiscal Year (FY) 2021 User Rate and Fee Study (`21 Rate Study) the approved user rate adjustments are as follows: Effective Date Water Wastewater IQ Combined 101112021 2.9% 2.9% 2.9% 2.,3% 1011/2022 4.0% 5.0% 9.0% 4.7% 10/1/2073 4.0% 5.0% 9.0% 4.7% Recent dramatic increases in inflation have resulted in the planned rate adjustments being insufficient to properly support the increasing cost of system -wide operation, maintenance, and required capital replacement and rehabilitation projects. Since Fiscal Year 2021 the Consumer Price Index (CPI) for the Miami -Fort Lauderdale - West Palm Beach region has increased 17.5% and is expected to increase through Fiscal Year 2024 to approximately 23%. The graph below depicts the cumulative comparison between the adopted rate increases and CPI. 40% 35% 30% 25% 20% 15% 10% 5% 0% Comparison of Cumulative Change in Utility Rates and Inflation 22.8% FY21 FY22 FY23 FY24 est —*--Adopted Rates + hHationCH Examples of inflationary increases affecting District commodities, and capital replacement and rehabilitation costs include: Packet Pg. 747 16.C.3 05/23/2023 • Electricity increased by 15% and is anticipated to increase another 10.1% in FY 23 • Chemicals necessary to produce water, treat wastewater, and treat irrigation quality water have increased between 10% and 150%. • Utility parts including meters, backflow devices, and petroleum -based PVC pipe and fittings have increased by 20% to 25%. • Labor cost has increased by 20%. • Critical operating equipment, such as utility trucks, cranes, forklifts, and pumps, in some cases, have had cost increases of more than 100%. • Capital project costs have increased by 30% or more. Recommended Inflation Adjustment: The strategy for closing the overall funding gap including created by inflation -driven commodity/operating and capital cost increases includes: • A mid-FY 23 commodity/inflation adjustment to user rates • a formal rate study update to be presented to the Board • a rate study derived adjustment for FY 24 • Board adopted rate adjustment strategy for FY 25 and FY 26 The Florida Public Service Commission calculates an annual price index specifically for water and wastewater utilities. This price index allows water and wastewater utilities to adjust rates based on current specific expenses without a rate case. On December 27, 2022, the Florida Public Service Commission issued the 2023 price index calculated at 7.07%. The recommended interim District user rate adjustment is 7.07%. This adjustment is modestly lower than the Miami -Fort Lauderdale -West Palm Beach region CPI of 9.0% (April 2023) and is consistent with the Florida Public Service Commission 2023 price index being adopted by other area utilities including Sarasota County. The recommended adjustment will serve to offset a portion of the rate adjustment that will be identified by the rate study currently underway and expected to be presented in late summer or fall. The recommended user rate adjustment enables the District to address the increasing cost of operations and maintenance. In addition, it protects operating margins allowing for the continuation of critical capital replacement and rehabilitation projects as well as providing for financing of long-term capital facilities through the preservation of a strong financial position that supports cost-effective access to credit markets and long-term financing rates at the lowest cost for the utility. FISCAL IMPACT: At the proposed rate increase of 7.07%, the potable water and sewer utility bill for the average residential customer will increase by $7.77 per month, less than 26 cents per day, from $109.90 to $117.67. The incremental user fee revenue generated by the rate increase will be approximately $1.1 million per month. This revenue will provide a timely improvement to operating margins that support capital improvement and rehabilitation projects, debt service coverage, and reserve funding critical to promoting the District's creditworthiness. GROWTH MANAGEMENT IMPACT: There is no growth management impact for this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water -Sewer District direct the County Manager or her designee to advertise and bring back for a public hearing a Resolution for future consideration increasing Water, Wastewater, Irrigation Quality Water, and Wholesale Potable Water User Rates by 7.07% amending Schedules One and Two of Appendix A to Section Four of Collier County Water -Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance No. Packet Pg. 748 16.C.3 05/23/2023 2001-73, as amended, and provide the requisite 10-day notice to utility customers per the Collier County Water Sewer District Special Act. Prepared by: Amy Patterson, County Manager and Chris Johnson, Director - Corporate Financial and Management Services ATTACHMENT(S) 1. Public Service Commission Water and Wastewaster Utilities Price Index (PDF) Packet Pg. 749 16.C.3 05/23/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.3 Doc ID: 25571 Item Summary: Recommendation that the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water -Sewer District direct the County Manager or her designee to advertise and bring back for a public hearing a Resolution for future consideration increasing Water, Wastewater, Irrigation Quality Water, and Wholesale Potable Water User Rates by 7.07% amending Schedules One and Two of Appendix A to Section Four of Collier County Water -Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance No. 2001-73, as amended, and provide the requisite 10-day notice to utility customers per the Collier County Water Sewer District Special Act. Meeting Date: 05/23/2023 Prepared by: Title: Management Analyst II — County Manager's Office Name: Geoffrey Willig 05/17/2023 4:24 PM Submitted by: Title: Deputy County Manager — County Manager's Office Name: Amy Patterson 05/17/2023 4:24 PM Approved By: Review: County Attorney's Office Ed Finn Office of Management and Budget Ed Finn County Manager's Office Amy Patterson Board of County Commissioners Geoffrey Willig Level 3 County Attorney's Office Review Level 3 OMB Gatekeeper Review Level 4 County Manager Review Meeting Pending Skipped 05/17/2023 4:45 PM Skipped 05/17/2023 4:46 PM Completed 05/17/2023 4:54 PM 05/23/2023 9:00 AM Packet Pg. 750 16.C.3.a STATE OF FLORIDA Commissioners: dE � _ DIVISION OF Andrew Giles Fay, Chairman ACCOUNTING AND FINANCE = _ = Art Graham _ _ ANDP�EW L. MAUREY DIREcTox Gary F. Clark T (850) 413-6900 v Mike La Rosa �rycoD c Gabriella Passidomo Public Service Commission LO LO February 17, 2023 v All Florida Public Service Commission Regulated Water & Wastewater Utilities Re: Docket No. 20220005-WS - 2023 Price Index Dear Utility Owner: Since March 31, 1981, pursuant to the guidelines established by Section 367.081(4)(a), Florida Statutes (F.S.), and Rule 25-30.420, Florida Administrative Code (F.A.C.), the Commission has established a price index increase or decrease for major categories of operating costs. This process allows water and wastewater utilities to adjust rates based on current specific expenses without applying for a rate case. The intent of this rule is to insure that inflationary pressures are not detrimental to utility owners, and that any possible deflationary pressures are not adverse to customers. By keeping up with index and pass -through adjustments, utility operations can be maintained at a level sufficient to insure quality of service for the customers. Pursuant to Order No. PSC-2022-0421-NOR-WS, Rule 25-30.420 F.A.C. has been amended to allow the Commission's Division of Accounting and Finance to provide the Proposed Agency Action order establishing the index for the year and the Price Index Application to water and wastewater utilities by email. An electronic version of the Price Index Application is also available on the Commission's webpage at https://www.floridapsc.com/water-wastewater-filing-forms. Utilities may also contact the Division of Accounting and Finance to request a hard copy of the application. Pursuant to Rule 25-30.420(1)(a), F.A.C., all operation and maintenance expenses shall be indexed with the exception of - a) Pass -through items pursuant to Section 367.081(4)(b), F.S.; b) Any amortization of rate case expense; and c) Disallowances or adjustments made in an applicant's most recent rate proceeding. Packet Pg. 751 16.C.3.a All Florida Public Service Commission Regulated Water & Wastewater Utilities February 17, 2023 Page 2 Please note that all sludge removal expense should now be removed from operation and maintenance expenses for the purpose of indexing. Incremental increases in this category of expense may now be recovered using a pass -through request. Upon the filing of a request for an index and/or pass -through increase, staff will review the a application and modify existing rates accordingly. If for no other reason than to keep up with escalating costs, utilities throughout Florida should file for this rate relief on an annual basis. c Utilities may apply for a 2023 Price Index anytime between April 1, 2023, through March 31, 2024 by mail or by emailing Applications@psc.state.fl.us. The attached package will answer v questions regarding what the index and pass -through rate adjustments are, how to apply for an adjustment, and what needs to be filed in order to meet the filing requirements. For your LO convenience, the Commission -approved Price Index is reflected on Form PSC 1022, attached. While the increase for any given year may be minor, (see chart below), the long -run X effect of keeping current with rising costs can be substantial. Year Annual Commission Approved Index Year Annual Commission Approved Index 1998 2.10% 2011 1.18% 1999 1.21 % 2012 2.41 % 2000 1.36% 2013 1.63% 2001 2.50% 2014 1.41 % 2002 2.33% 2015 1.57% 2003 1.31% 2016 1.29% 2004 1.60% 2017 1.51 % 2005 2.17% 2018 1.76% 2006 2.74% 2019 2.36% 2007 3.09% 2020 1.79% 2008 2.39% 2021 1.17% 2009 2.55% 2022 4.53% 2010 0.56% 2023 7.07% Please be aware that pursuant to Section 837.06, F.S., whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree. Our staff is available at (850) 413-6900 should you need assistance with your filing. If you have any questions, please do not hesitate to call. Moreover, additional rate relief mechanisms are available to water and wastewater utilities as alternatives to full rate cases. 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 petition the Commission for staff assistance in alternative rate setting. Please refer to Rule 25-30.456, F.A.C., for additional details. Packet Pg. 752 16.C.3.a All Florida Public Service Commission Page Regulated Water & Wastewater Utilities February 17, 2022 Furthermore, water utilities whose total gross annual operating revenues are $300,000 or less for water service and wastewater utilities whose total gross annual operating revenues are $300,000 or less for wastewater service may file an application for a limited alternative rate increase of up to 20 percent applied to metered or flat recurring rates of all classes of service. Please refer to Rule 25-30.457, F.A.C., for additional details.cc a_ In addition, the Commission reminds water and wastewater utilities that the Utility Reserve Fund M exists to help address concerns over deferred maintenance of critical infrastructure and delays in v necessary repairs. The availability of the reserve funds may allow a utility to avoid or defer the �? need for a future rate case, the expenses of which are ultimately borne by customers. Please refer to Rule 25-30.444, F.A.C., for additional details. N N, jjirecior Enclosures Packet Pg. 753 FILED 12/27/2022 16.C.3.a DOCUMENT NO. 12287- FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Annual reestablishment of price increase DOCKET NO. 20220005-WS or decrease index of major categories of ORDER NO. PSC-2022-0438-PAA-WS operating costs incurred by water and ISSUED: December 27, 2022 wastewater utilities pursuant to Section 367.081(4)(a), F.S. The following Commissioners participated in the disposition of this matter: ANDREW GILES FAY, Chairman ART GRAHAM GARY F. CLARK MIKE LA ROSA GABRIELLA PASSIDOMO NOTICE OF PROPOSED AGENCY ACTION ORDER ESTABLISHING 2023 PRICE INDEX FOR WATER AND WASTEWATER UTILITIES BY THE COMMISSION: NOTICE is hereby given by the Florida Public Service Commission that the action discussed herein is preliminary in nature and will become final unless a person whose interests are substantially affected files a petition for a formal proceeding, pursuant to Rule 25-22.029, Florida Administrative Code (F.A.C.). Back-2ronnd Since March 31, 1981, pursuant to the guidelines established by Section 367.081(4)(a), Florida Statutes (F.S.), and Rule 25-30.420, F.A.C., we have established a price index increase or decrease for major categories of operating costs on or before March 31 of each year. This process allows water and wastewater utilities to adjust rates based on current specific expenses without applying for a rate case. We calculated the 2023 price index by comparing the Gross Domestic Product Implicit Price Deflator Index for the fiscal year ended September 30, 2022. This same procedure has been used each year since 1995 to calculate the price index. The U.S. Department of Commerce, Bureau of Economic Analysis, released its most recent third quarter figures on October 27, 2022. Since March 31, 1981, we have received and processed approximately 3,948 index and pass -through applications. We have jurisdiction over this matter pursuant to Section 367.081, F.S. as o_ c co c.� c.� ti LO LO Packet Pg. 754 16.C.3.a ORDER NO. PSC-2022-0438-PAA-WS DOCKET NO. 20220005-WS PAGE 2 I. Price Level Adjustment Index In 1993, the Gross Domestic Product Implicit Price Deflator Index (GDP) was established as the appropriate measure for determining the water and wastewater price index. At the same time, the convention of using a four quarter fiscal year comparison was also established and this practice has been used every year since then.' The GDP is prepared by the U.S. Department of Commerce. Prior to that time, the Gross National Product Implicit Price Deflator N Index (GNP) was used as the indexing factor for water and wastewater utilities. The Department v of Commerce switched its emphasis from the GNP to the GDP as the primary measure of U.S. c� production. LO LO Pursuant to Section 367.081(4)(a), F.S., this Commission, by order, shall establish a price increase or decrease index for major categories of operating costs incurred by utilities subject to X its jurisdiction reflecting the percentage of increase or decrease in such costs from the most c recent 12-month historical data available. Since 1995, the price index adjustment has been determined by comparing the change in the average GDP for the year ending September 30, a instead of the original December 31, in order to more easily meet the statutory deadline.' In Order No. PSC-2021-0463-PAA-WS, issued December 17, 2021, in Docket No. 20210005-WS, we, in keeping with the practice started in 1993, reiterated the alternatives which could be used to calculate the indexing of utility revenues. Past concerns expressed by utilities, as summarized from utility input in previous hearings, are: 1) Inflation should be a major factor in determining the index; 2) Nationally published indices should be vital to this determination; 3) Major categories of expenses are labor, chemicals, materials and supplies, maintenance, transportation, and treatment expense; 4) An area wage survey, Dodge Building Cost Index, Consumer Price Index, and the GDP should be considered; 5) A broad measure index should be used; and 6) The index procedure should be easy to administer. Based upon these concerns, we have previously explored the following alternatives: 1) Survey of Regulated Water and Wastewater Utilities; 'Order No. PSC-1993-0195-FOF-WS, issued February 9, 1993, in Docket No. 19930005-WS, In re: Annual reestablishment of price increase or decrease index of major categories of operating costs incurred by water and wastewater utilities pursuant to Section 367.081(4)(a), F.S. 'Order No. PSC-1995-0202-FOF-WS, issued February 10, 1995, in Docket No. 19950005-WS, In re: Annual reestablishment of price increase or decrease index of major categories of operating costs incurred by water and wastewater utilities pursuant to Section 367.081(4)(a), F.S. Packet Pg. 755 16.C.3.a ORDER NO. PSC-2022-0438-PAA-WS DOCKET NO. 20220005-WS PAGE 3 2) Consumer Price Index; 3) Florida Price Level Index; 4) Producer Price Index — previously the Wholesale Price Index; and 5) GDP (replacing the GNP). Over the years, we rejected using the Survey of Regulated Water and Wastewater Utilities because using the results of a survey would allow utilities to pass on to customers all cost increases, thereby reducing the incentives of promoting efficiency and productivity. We have also rejected using the Consumer Price Index and the Florida Price Level Index because of their limited degree of applicability to the water and wastewater industry. Both of these price indices are based upon comparing the advance in prices of a limited number of general goods and, therefore, have limited application to water and wastewater utilities. The Producer Price Index (PPI) is a family of indices that measure the average change over time in selling prices received by domestic producers of goods and services. We rejected using PPI because it measures price change from the perspective of the seller, not the purchaser. The bases for these indices have not changed, and the conclusions reached in Order No. PSC- 2021-0463-PAA-WS continue to apply in this case. Since 1993, we have found that the GDP has a greater degree of applicability to the water and wastewater industry. Therefore, we will continue to use the GDP to calculate water and wastewater price level adjustments. We will calculate the 2023 Price Index by using a fiscal year, four quarter comparison of the Implicit Price Deflator Index ending with the third quarter of 2022. The following table provides a historical perspective of the annual price index: Table 1 Historical Analysis of the Annual Price Index for Water and Wastewater Utilities Year Commission Approved Index Year Commission Approved Index 2011 1.18% 2017 1.51% 2012 2.41 % 2018 1.76% 2013 1.63% 2019 2.36% 2014 1.41% 2020 1 1.79% 2015 1.57% 2021 1.17% 2016 1.29% 2022 4.53% W c co c.� c.� ti LO LO N Packet Pg. 756 16.C.3.a ORDER NO. PSC-2022-0438-PAA-WS DOCKET NO. 20220005-WS PAGE 4 The following table shows the historical participation in the index and/or pass -through programs: Table 2 Percentage of Jurisdictional Water and Wastewater Utilities Filing for Indexes and Pass-Throughs Year Percentage Year Percentage 2011 43% 2017 37% 2012 30% 2018 42% 2013 41% 2019 60% 2014 39% 2020 43% 2015 49% 2021 52% 2016 38% 2022 57% II. Rate for the 2023 Price Index The U.S. Department of Commerce, Bureau of Economic Analysis, released the most recent third quarter 2022 figures on October 27, 2022. Consistent with our establishment of the 2022 Price Index last year, we are using the third quarter amounts to calculate the 2023 Price Index. Using the third quarter amounts allows time for a hearing if there is a protest, in order for us to establish the 2023 Price Index by March 31, 2023, in accordance with Section 367.081(4)(a), F.S. The percentage change in the GDP using the fiscal year comparison ending with the third quarter is 7.07 percent. This number was calculated as follows. GDP Index for the fiscal year ended 9/30/22 128.177 GDP Index for the fiscal year ended 9/30/21 119.712 Difference 8.465 Divided by 9/30/21 GDP Index 119.712 2023 Price Index 7.07% III. Notice of Indexing Requirements The package in Attachment 1 shall be sent to every regulated water and wastewater utility after the expiration of the proposed agency action (PAA) protest period, along with a copy of the PAA order once final. The entire package shall also be made available on our website. In an effort to increase the number of water and wastewater utilities taking advantage of the annual price index and pass -through programs, Attachment 2 from the Director of the Division of Accounting and Finance shall be included with the PAA Order in order to explain the purpose of the index and pass -through applications and to communicate that Commission staff is available to assist them. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that the Gross Domestic Product Implicit Price Deflator Index shall be used in calculating price level adjustments. We calculate W c Cn c.� ti LO LO N Packet Pg. 757 16.C.3.a ORDER NO. PSC-2022-0438-PAA-WS DOCKET NO. 20220005-WS PAGE 5 the 2023 Price Index by using a fiscal year, four quarter comparison of the Implicit Price Deflator Index ending with the third quarter of 2022. It is further ORDERED that the 2023 Price Index for water and wastewater utilities shall be 7.07 a percent. It is further c ORDERED that the Division of Accounting and Finance shall, after the expiration of the Proposed Agency Action protest period, send each regulated water and wastewater utility a copy v of the PAA order establishing the index containing the information presented in Attachment 1 along with a cover letter from the Director of the Division of Accounting and Finance. The entireLO LO package shall also be available on our website. It is further PNL ORDERED that, upon expiration of the 14-day protest period, if a timely protest is not received, the decision shall become final and effective upon the issuance of a Consummating Order. Any party filing a protest shall be required to prefile testimony with the protest. However, this docket shall remain open through the end of the year and be closed upon the establishment of the new docket in January, 2023. MRT By ORDER of the Florida Public Service Commission this 27th day of December, 2022. ell - AD J. T TZMAN Com tssion Jerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850)413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. Packet Pg. 758 16.C.3.a ORDER NO. PSC-2022-0438-PAA-WS DOCKET NO. 20220005-WS PAGE 6 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing that is available under Section 120.57, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing will be granted or result in the relief sought. Mediation may be available on a case -by -case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. The action proposed herein is preliminary in nature. Any person whose substantial interests are affected by the action proposed by this order may file a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on January 10, 2023. In the absence of such a petition, this order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this/these docket(s) before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. Packet Pg. 759