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| 1 | A bill to be entitled | ||
| 2 | An act relating to water policy; creating s. 367.172, | ||
| 3 | F.S.; providing legislative findings with regard to | ||
| 4 | potable water standards; requiring certain utilities to | ||
| 5 | obtain county certification; providing for audits; | ||
| 6 | creating an ad hoc committee within the county to oversee | ||
| 7 | the audit and certification procedure; providing an | ||
| 8 | effective date. | ||
| 9 | |||
| 10 | Be It Enacted by the Legislature of the State of Florida: | ||
| 11 | |||
| 12 | Section 1. Section 367.172, Florida Statutes, is created | ||
| 13 | to read: | ||
| 14 | 367.172 County water policy.-- | ||
| 15 | (1) The Legislature recognizes that by extending the | ||
| 16 | privilege of monopoly status to certain enterprises, the | ||
| 17 | provisions of this chapter create a class of captive customers | ||
| 18 | who cannot choose to purchase service from an open market. | ||
| 19 | Accordingly, the Legislature finds that it is a priority to | ||
| 20 | ensure that drinking water that is delivered to captive | ||
| 21 | customers meets appropriate quality standards. The Legislature | ||
| 22 | further finds that from county to county there sometimes exists | ||
| 23 | a wide variation of factors that can affect the quality of water | ||
| 24 | that is delivered into customers’ homes. In order to ensure that | ||
| 25 | standards are appropriate for local conditions, each county is | ||
| 26 | given the authority to require that monopoly water utilities | ||
| 27 | operating within its borders meet community standards that take | ||
| 28 | into account locally relevant conditions. Each county is hereby | ||
| 29 | authorized to require that potable water provided by monopoly | ||
| 30 | water utilities certified under s. 367.045(5)(a) meet the | ||
| 31 | standards that are imposed upon the utilities that are owned and | ||
| 32 | operated by that county. | ||
| 33 | (2) A county may require that every monopoly water utility | ||
| 34 | obtain the county’s certification that the water service meets | ||
| 35 | that county’s community standards. In order to ensure that every | ||
| 36 | monopoly water utility meets its community standards, the county | ||
| 37 | may establish an audit and certification procedure. The county | ||
| 38 | may require periodic recertification by each monopoly water | ||
| 39 | utility that continues to operate within its borders. | ||
| 40 | (a) The audit procedure shall be performed at regular | ||
| 41 | periodic intervals to be determined by the county. The results | ||
| 42 | shall be filed with regulatory agencies such as the Department | ||
| 43 | of Environmental Protection and the Public Service Commission. | ||
| 44 | The report of the audit shall be made available to the customers | ||
| 45 | in the month after it is filed. | ||
| 46 | (b) The audit procedure will be performed by an | ||
| 47 | independent authority nominated by the county. | ||
| 48 | (c) The certification and recertification procedure shall | ||
| 49 | be overseen by an ad hoc committee consisting of two utility | ||
| 50 | representatives, two customer representatives, the county health | ||
| 51 | officer, and two independent scientific observers and shall be | ||
| 52 | chaired by a county commissioner. The ad hoc committee may | ||
| 53 | require interim audits if a monopoly utility’s customers file a | ||
| 54 | significant number of complaints about water quality which have | ||
| 55 | not been effectively addressed by the water utility. This | ||
| 56 | committee shall evaluate and determine whether additional audits | ||
| 57 | are appropriate to resolve the complaints. The cost of such | ||
| 58 | additional audits may be considered in establishing the | ||
| 59 | utility’s rates, unless an audit reveals evidence of | ||
| 60 | deficiencies caused by the incompetence, neglect, or | ||
| 61 | indifference of the monopoly water utility. | ||
| 62 | Section 2. This act shall take effect upon becoming a law. | ||