SENATE AMENDMENT
    Bill No. SB 1614   Barcode 192254
    Amendment No. 1
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Natural Resources recommended the following
12  amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
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17  and insert:  
18         Section 1.  Short title.--This act may be cited as the
19  "Local Government Utilities Assistance Act."
20         Section 2.  Legislative findings; intent.--The
21  Legislature finds that in many areas of the state the
22  condition or operation of privately owned water-wastewater
23  utility systems and facilities create a present or potential
24  threat to the environment or to the health of the utility
25  customers. It is therefore the intent of the Legislature to
26  establish a pilot program to assist local governments in
27  acquiring privately owned water-wastewater utilities. It is
28  the further intent of the Legislature that the Department of
29  Environmental Protection evaluate and report to the
30  Legislature on this pilot program and on the need to expand
31  the program to address the acquisition or consolidation of
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    8:29 AM   03/28/01                                 s1614.nr.01

SENATE AMENDMENT Bill No. SB 1614 Barcode 192254 Amendment No. 1 1 publicly-owned water-wastewater utilities that threaten the 2 environment or public health. 3 Section 3. Definitions.--As used in this act, the 4 term: 5 (1) "Community standards" means, with respect to water 6 and sewer utility rates, rates that are on a par with other 7 rates in the county, or similar utility jurisdictions in 8 surrounding counties, after accounting for relative household 9 incomes or other measures of affordability and size of 10 customer base, all as may be further defined by department 11 rule. 12 (2) "Department" means the Department of Environmental 13 Protection. 14 (3) "Privately owned water-wastewater utility" means a 15 water or wastewater utility whose utility assets are privately 16 owned. 17 Section 4. Local government utilities assistance 18 program; state assistance.--The Local Government Utilities 19 Assistance Program is established in the department. The 20 department may award financial assistance to a local 21 government in the form of a grant for the purpose of acquiring 22 privately owned water-wastewater utilities. A local government 23 may qualify for financial assistance if it documents to the 24 department that the privately owned water-wastewater utility 25 the local government intends to acquire meets the following 26 criteria: 27 (1) The quality of water or wastewater service 28 provided by the privately owned water-wastewater utility is 29 consistently inadequate to meet public health or water quality 30 standards; and 31 (2) The privately owned water-wastewater utility 2 8:29 AM 03/28/01 s1614.nr.01
SENATE AMENDMENT Bill No. SB 1614 Barcode 192254 Amendment No. 1 1 cannot make the improvements necessary to alleviate the public 2 health or water quality threats through its own resources 3 without increasing its rates for services to an amount beyond 4 that which is commensurate with community standards; or 5 (3) Operation of the privately owned water-wastewater 6 utility represents a public health or water quality threat 7 that would be more effectively addressed through public 8 management or ownership, as demonstrated through a feasibility 9 determination provided by the applicant for financial 10 assistance to the department, that takes into account 11 economic, managerial and administrative considerations; or 12 (4) The private utility desires to sell. 13 Section 5. Acquisition of privately owned 14 water-wastewater utility.--If the applicant for financial 15 assistance demonstrates, based on documentation acceptable to 16 the department, that acquisition of a privately owned 17 water-wastewater utility qualifies under section 4, the 18 department may authorize financial assistance for such 19 acquisition. 20 Section 6. Allocation of moneys to the program; 21 disposition.--Notwithstanding section 212.20(6)(e)2., Florida 22 Statutes, for fiscal year 2001-2002, one-half of the moneys 23 that would otherwise be distributed to the Solid Waste 24 Management Trust Fund pursuant to section 212.20, Florida 25 Statutes, not to exceed $5 million, shall be distributed to 26 the program to be used as provided in this act to implement 27 the program as a pilot program in Pasco County. Upon approval 28 by the department, awarded funds may be used in accordance 29 with sections 4 and 5. The department may use up to 2 percent 30 of the funds appropriated for the program to pay the costs of 31 administering the pilot program. 3 8:29 AM 03/28/01 s1614.nr.01
SENATE AMENDMENT Bill No. SB 1614 Barcode 192254 Amendment No. 1 1 Section 7. By January 1, 2003, the department shall 2 provide to the Governor, the President of the Senate and the 3 Speaker of the House a report on the Pasco County pilot 4 program. The report also shall evaluate the need to expand the 5 Local Government Utilities Assistance Program to address the 6 acquisition or consolidation of publicly owned 7 water-wastewater utilities that threaten water quality or 8 public health. The report shall recommend any statutory 9 changes necessary to implement the Local Government Utilities 10 Assistance Program and identify any rules that would be useful 11 in implementing the program. 12 Section 8. This act shall take effect July 1, 2001. 13 14 15 ================ T I T L E A M E N D M E N T =============== 16 And the title is amended as follows: 17 Delete everything before the enacting clause 18 19 and insert: 20 A bill to be entitled 21 An act relating to local government utilities 22 assistance; providing a short title; providing 23 legislative findings; providing definitions; 24 establishing a pilot local government utilities 25 assistance program; providing for 26 administration by the Department of 27 Environmental Protection; providing for the 28 uses of certain moneys for certain purposes; 29 providing for qualification criteria for grants 30 and allocation of revenues for a pilot program 31 in Pasco County; providing for transfer of 4 8:29 AM 03/28/01 s1614.nr.01
SENATE AMENDMENT Bill No. SB 1614 Barcode 192254 Amendment No. 1 1 certain moneys from the Solid Waste Management 2 Trust Fund to the pilot program; providing an 3 effective date. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 8:29 AM 03/28/01 s1614.nr.01