SENATE AMENDMENT
Bill No. CS for CS for SB's 140, 998 & 1060
Amendment No. ___ Barcode 311458
CHAMBER ACTION
Senate House
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04/23/2003 12:33 PM .
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11 Senator Fasano moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 14, line 1, delete that line
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16 and insert:
17 Section 5. Pilot project for Pasco County; countywide
18 standards for black water and customer service.--
19 (1) It is the intent of the Legislature to establish a
20 pilot program in Pasco County regarding monopoly water
21 utilities which is intended to allow Pasco County the ability
22 to respond to consumer criticisms regarding black water and
23 other consumer complaints dealing with customer service. It is
24 also the intent of the Legislature to maintain a statewide
25 uniform system of regulation with respect to the establishment
26 of water quality standards. Therefore, the Legislature
27 recognizes that only the Department of Environmental
28 Protection, the Public Service Commission, and the
29 Environmental Protection Agency are authorized to establish
30 water quality criteria requirements. Nonetheless, it is
31 recognized that technology may be available to assist in
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10:41 AM 04/21/03 s0140c2c-11e0a
SENATE AMENDMENT
Bill No. CS for CS for SB's 140, 998 & 1060
Amendment No. ___ Barcode 311458
1 lessening black water problems. It is also recognized that
2 monopoly water utilities have established varying degrees of
3 customer service programs that are designed to respond to
4 consumer complaints regarding customer service.
5 (2) If Pasco County is receiving black water or other
6 customer service complaints from a significant number of those
7 customers serviced by a monopoly water utility, the chairman
8 of the county commission may establish a monopoly water
9 utility ad hoc committee consisting of the chairman of the
10 county commission, two utility representatives from monopoly
11 water utilities, two customer representatives, the county
12 health officer, and two independent scientific experts in
13 water chemistry. The committee shall be in existence for no
14 more than a 2-year period, and its function shall be:
15 (a) To review and evaluate customer service complaints
16 and, if deemed necessary, recommend to the county commission
17 the establishment of uniform customer service criteria to be
18 applied by all monopoly water utilities;
19 (b) To review and evaluate black water concerns
20 expressed by customers serviced by a monopoly water utility if
21 similar complaints have also been filed with the Public
22 Service Commission; and
23 (c) If deemed necessary, recommend to the county
24 commission the propriety of requiring new technology or new
25 uniform minimum technology standards for use by monopoly water
26 utilities in the treatment of black water and customer service
27 responsiveness. The ad hoc committee may evaluate a monopoly
28 water utility's operational protocol only insofar as it
29 relates to customer service. The ad hoc committee may not
30 recommend standards that deal with the financial aspects of a
31 water utility or standards or criteria relating to water
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10:41 AM 04/21/03 s0140c2c-11e0a
SENATE AMENDMENT
Bill No. CS for CS for SB's 140, 998 & 1060
Amendment No. ___ Barcode 311458
1 quality which would either conflict with or be more stringent
2 than water quality standards presently imposed by the Public
3 Service Commission, the Department of Environmental
4 Protection, or the Environmental Protection Agency. However,
5 the ad hoc committee may recommend the establishment of local
6 technological standards or methods of treatment relating to
7 the esthetics of black water or other minimum standards
8 regarding general responsiveness to customer service
9 complaints. Such technological standards relating to black
10 water must be economically, technologically, and
11 environmentally feasible. The ad hoc committee shall consult
12 with the Public Service Commission, the Department of
13 Environmental Protection, or the Environmental Protection
14 Agency as necessary.
15 (3) On the recommendation of the ad hoc committee, the
16 county commission may choose to adopt additional technological
17 standards designed to resolve black water issues which are not
18 required by the Public Service Commission, the Department of
19 Environmental Protection, or the Environmental Protection
20 Agency and may also choose to adopt other minimum standards
21 for customer service responsiveness. Upon the adoption of any
22 such standards, each monopoly water utility shall be informed
23 of those new standards and shall be given 3 months to submit
24 to the county a plan for compliance with those standards. The
25 county shall allow for a reasonable time to bring such systems
26 into compliance with the new standards. Notwithstanding any
27 other provisions of this section, the county commission may
28 not adopt standards that deal with the financial aspects of a
29 monopoly water utility or standards or criteria relating to
30 water quality as applied to a monopoly water utility which
31 would either conflict with or be more stringent than water
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10:41 AM 04/21/03 s0140c2c-11e0a
SENATE AMENDMENT
Bill No. CS for CS for SB's 140, 998 & 1060
Amendment No. ___ Barcode 311458
1 quality standards or criteria presently imposed by the Public
2 Service Commission, the Department of Environmental
3 Protection, or the Environmental Protection Agency. The
4 county's decision to adopt any technological or customer
5 service standards is agency action only for the purposes of
6 this act and is subject to chapter 120, Florida Statutes. Any
7 affected monopoly water utility, consumer, or state agency may
8 challenge, pursuant to chapter 120, Florida Statutes, the
9 county's decision to adopt such standards as not complying
10 with the provisions contained in this section, and the county
11 shall refer the petition to the Division of Administrative
12 Hearings. Any decision of an administrative law judge is final
13 agency action, subject to appeal pursuant to section 120.68,
14 Florida Statutes. If there is no challenge to the decision of
15 the county commission to impose additional standards as
16 provided for in this section or the county prevails in an
17 administrative challenge to the proposed standards, the full
18 amount of any reasonable and prudent costs incurred in
19 complying with the county requirements are recoverable by a
20 monopoly water utility under section 367.081(4)(b), Florida
21 Statutes.
22 (4) This section is intended to supersede the
23 provisions of chapter 367, Florida Statutes, to the extent
24 that they are inconsistent with this section.
25 (5) This section shall take effect July 1, 2003, and
26 expires July 1, 2005.
27 Section 6. Except as otherwise expressly provided in
28 this act, this act shall take effect upon becoming a
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10:41 AM 04/21/03 s0140c2c-11e0a
SENATE AMENDMENT
Bill No. CS for CS for SB's 140, 998 & 1060
Amendment No. ___ Barcode 311458
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 2, line 2, delete that line
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5 and insert:
6 applicability; providing for a pilot project
7 for Pasco County to facilitate county response
8 to certain consumer complaints; providing
9 legislative intent; allowing the chairman of
10 the board of county commissioners to establish
11 a monopoly water utility ad hoc committee for a
12 prescribed period; providing for the membership
13 and duties of the ad hoc committee; allowing
14 the county commission to adopt additional
15 technological standards to address issues
16 relating to black water; requiring that
17 utilities receive notice of the standards and
18 that they submit a compliance plan to the
19 county; prohibiting county commissions from
20 adopting standards that relate to the finances
21 of a monopoly water utility or that conflict
22 with specified standards imposed by other
23 regulatory bodies; providing procedures for
24 challenging standards adopted by the county;
25 providing for a monopoly water utility to
26 recover certain costs of compliance with the
27 county requirements; providing that this
28 section supersedes conflicting provisions of
29 ch. 367, F.S.; providing for future repeal;
30 providing an expiration date and effective
31 dates.
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