Florida Senate - 2023                                    SB 1420
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-00542-23                                           20231420__
    1                        A bill to be entitled                      
    2         An act relating to sanitary sewer lateral inspection
    3         programs; amending ss. 125.569 and 166.0481, F.S.;
    4         defining the term “continuous monolithic pipe system”;
    5         authorizing counties and municipalities, respectively,
    6         to access sanitary sewer laterals within their
    7         jurisdictions for specified purposes; requiring
    8         counties and municipalities to notify private property
    9         owners within a specified timeframe if the county or
   10         municipality intends to access the owner’s sanitary
   11         sewer lateral; specifying requirements for such
   12         notification; providing that counties and
   13         municipalities that establish evaluation and
   14         rehabilitation programs are responsible for all work
   15         done on private property; requiring counties and
   16         municipalities to ensure property is restored to pre
   17         work condition; specifying requirements for counties
   18         and municipalities repair work; requiring counties and
   19         municipalities that establish programs to consider
   20         economical methods for the counties and
   21         municipalities, rather than the property owners, to
   22         complete such work; authorizing a program established
   23         by a county or a municipality to evaluate and
   24         rehabilitate sanitary sewer laterals on residential
   25         and commercial properties to use state or local funds
   26         allocated for environmental preservation or the
   27         protection of water quality; providing that counties
   28         and municipalities may establish and implement
   29         alternative evaluation and rehabilitation programs to
   30         identify and reduce extraneous flow from leaking
   31         sanitary sewer laterals; providing an effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Section 125.569, Florida Statutes, is amended to
   36  read:
   37         125.569 County sanitary sewer lateral inspections
   38  inspection programs for counties.—
   39         (1) As used in this section, the term:
   40         (a)“Continuous monolithic pipe system” means a pipe system
   41  without any joints or seams, including all points where the pipe
   42  connects to the structure, mainline, and cleanout.
   43         (b) “Sanitary sewer lateral” means a privately owned
   44  pipeline connecting a property to the main sewer line which is
   45  maintained and repaired by the property owner.
   46         (2) A county may access any sanitary sewer lateral within
   47  its jurisdiction to investigate, clean, repair, recondition, or
   48  replace the sanitary sewer lateral.
   49         (3)By July 1, 2022, Each county may is encouraged to
   50  establish an evaluation and rehabilitation program for sanitary
   51  sewer laterals on residential and commercial properties within
   52  the county’s jurisdiction to identify and reduce extraneous flow
   53  from leaking sanitary sewer laterals. At a minimum, the program
   54  may do all of the following:
   55         (a) Establish a system to identify defective, damaged, or
   56  deteriorated sanitary sewer laterals on residential and
   57  commercial properties within the jurisdiction of the county. If
   58  a county identifies a defective, damaged, or deteriorated
   59  sanitary sewer lateral and initiates a program to eliminate
   60  extraneous flow, the county:
   61         1.Must notify the property owner of the issue by certified
   62  mail, return receipt requested. The notice must specify that
   63  within 14 days after receiving the notice, the county intends to
   64  access the owner’s property to address the defective, damaged,
   65  or deteriorated sanitary sewer lateral. The notice must identify
   66  the issue, inform the property owner that he or she will be
   67  indemnified and held harmless in the repair process, and provide
   68  a proposed timeline and plan for the duration of the project,
   69  including start and completion dates.
   70         2.Is responsible for any repair work done on the private
   71  property. If any disruption of the property is necessary to
   72  access the sanitary sewer lateral, the county must ensure that
   73  the property is restored to at least its pre-work condition
   74  after the repair is complete. Any repair work done to a sanitary
   75  sewer lateral must meet all of the following requirements:
   76         a.Provide one continuous monolithic pipe system. The
   77  connections for the structure, mainline, and cleanout must be
   78  installed and integrated into the continuous monolithic pipe
   79  system by a Florida-licensed plumber.
   80         b.Be inspected using a lateral launch or similar CCTV
   81  camera system operated by a Pipeline Assessment Certification
   82  Program (PACP)- and Lateral Assessment Certification Program
   83  (LACP)-certified camera operator. The contractor must produce
   84  and provide the county with a PACP- and LACP-certified report
   85  describing the conditions in the continuous monolithic pipe
   86  system and the respective connections to the main sewer pipe and
   87  the structure.
   88         (b) Consider economical methods for the county a property
   89  owner to repair or replace a defective, damaged, or deteriorated
   90  sanitary sewer lateral.
   91         (c) Establish and maintain a publicly accessible database
   92  to store information concerning properties where a defective,
   93  damaged, or deteriorated sanitary sewer lateral has been
   94  identified. For each property, the database must include, but is
   95  not limited to, the address of the property, the names of any
   96  persons the county notified concerning the faulty sanitary sewer
   97  lateral, and the date and method of such notification.
   98         (d)Use state or local funds allocated for the purpose of
   99  environmental preservation or the protection of water quality.
  100         (4) Notwithstanding subsection (3), a county may elect to
  101  establish and implement an alternative evaluation and
  102  rehabilitation program to identify and reduce extraneous flow
  103  from leaking sanitary sewer laterals.
  104         Section 2. Section 166.0481, Florida Statutes, is amended
  105  to read:
  106         166.0481 Municipal sanitary sewer lateral inspections
  107  inspection programs for municipalities.—
  108         (1) As used in this section, the term:
  109         (a)“Continuous monolithic pipe system” means a pipe system
  110  without any joints or seams, including all points where the pipe
  111  connects to the structure, mainline, and cleanout.
  112         (b) “Sanitary sewer lateral” means a privately owned
  113  pipeline connecting a property to the main sewer line which is
  114  maintained and repaired by the property owner.
  115         (2) A municipality may access any sanitary sewer lateral
  116  within its jurisdiction to investigate, clean, repair,
  117  recondition, or replace the sanitary sewer lateral.
  118         (3)By July 1, 2022, Each municipality may is encouraged to
  119  establish an evaluation and rehabilitation program for sanitary
  120  sewer laterals on residential and commercial properties within
  121  the municipality’s jurisdiction to identify and reduce
  122  extraneous flow from leaking sanitary sewer laterals. At a
  123  minimum, the program may do all of the following:
  124         (a) Establish a system to identify defective, damaged, or
  125  deteriorated sanitary sewer laterals on residential and
  126  commercial properties within the jurisdiction of the
  127  municipality. If a municipality identifies a defective, damaged,
  128  or deteriorated sanitary sewer lateral and initiates a program
  129  to eliminate extraneous flow, the municipality:
  130         1.Must notify the property owner of the issue by certified
  131  mail, return receipt requested. The notice must specify that
  132  within 14 days after receiving the notice, the municipality
  133  intends to access the owner’s property to address the defective,
  134  damaged, or deteriorated sanitary sewer lateral. The notice must
  135  identify the issue, inform the property owner that he or she
  136  will be indemnified and held harmless in the repair process, and
  137  provide a proposed timeline and plan for the duration of the
  138  project, including start and completion dates.
  139         2.Is responsible for any repair work done on the private
  140  property. If any disruption of the property is necessary to
  141  access the sanitary sewer lateral, the municipality must ensure
  142  that the property is restored to at least its pre-work condition
  143  after the repair is complete. Any repair work done to a sanitary
  144  sewer lateral must meet all of the following requirements:
  145         a.Provide one continuous monolithic pipe system. The
  146  connections for the structure, mainline, and cleanout must be
  147  installed and integrated into the continuous monolithic pipe
  148  system by a Florida-licensed plumber.
  149         b.Be inspected using a lateral launch or similar CCTV
  150  camera system operated by a Pipeline Assessment Certification
  151  Program (PACP)- and Lateral Assessment Certification Program
  152  (LACP)-certified camera operator. The contractor must produce
  153  and provide the county with a PACP- and LACP-certified report
  154  describing the conditions in the continuous monolithic pipe
  155  system and the respective connections to the main sewer pipe and
  156  the structure.
  157         (b) Consider economical methods for the municipality a
  158  property owner to repair or replace a defective, damaged, or
  159  deteriorated sanitary sewer lateral.
  160         (c) Establish and maintain a publicly accessible database
  161  to store information concerning properties where a defective,
  162  damaged, or deteriorated sanitary sewer lateral has been
  163  identified. For each property, the database must include, but is
  164  not limited to, the address of the property, the names of any
  165  persons the municipality notified concerning the faulty sanitary
  166  sewer lateral, and the date and method of such notification.
  167         (d)Use state or local funds allocated for the purpose of
  168  environmental preservation or the protection of water quality.
  169         (4) Notwithstanding subsection (3), a municipality may
  170  elect to establish and implement an alternative evaluation and
  171  rehabilitation program to identify and reduce extraneous flow
  172  from leaking sanitary sewer laterals.
  173         Section 3. This act shall take effect July 1, 2023.