HB 1597 2003
1	CHAMBER ACTION
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6	The Committee on Business Regulation recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to water policy; creating s. 367.172,
12	F.S.; providing legislative findings with regard to
13	potable water standards; requiring certain utilities to
14	obtain county certification; providing for audits;
15	creating an ad hoc committee within the county to oversee
16	the audit and certification procedure; providing an
17	effective date.
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19	Be It Enacted by the Legislature of the State of Florida:
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21	Section 1. Section 367.172, Florida Statutes, is created
22	to read:
23	367.172 County water policy.--
24	(1) The Legislature recognizes that by extending the
25	privilege of monopoly status to certain enterprises, the
26	provisions of this chapter create a class of captive customers
27	who cannot choose to purchase service from an open market.
28	Accordingly, the Legislature finds that it is a priority to
29	ensure that drinking water that is delivered to captive
30	customers meets appropriate quality standards. The Legislature
31	further finds that from county to county there sometimes exists
32	a wide variation of factors that can affect the quality of water
33	that is delivered into customers’ homes. In order to ensure that
34	standards are appropriate for local conditions, each county is
35	given the authority to require that monopoly water utilities
36	operating within its borders meet community water quality
37	standards that take into account locally relevant conditions.
38	Each county is hereby authorized to require that potable water
39	provided by monopoly water utilities certified under s.
40	367.045(5)(a) meet the water quality standards that are imposed
41	upon the utilities that are owned and operated by that county.
42	(2) A county may require that every monopoly water utility
43	obtain the county’s certification that the water service meets
44	that county’s community water quality standards. In order to
45	ensure that every monopoly water utility meets its community
46	standards, the county may establish an audit and certification
47	procedure. The county may require periodic recertification by
48	each monopoly water utility that continues to operate within its
49	borders.
50	(a) The audit procedure shall be performed at regular
51	periodic intervals to be determined by the county. The results
52	shall be filed with regulatory agencies such as the Department
53	of Environmental Protection and the Public Service Commission.
54	The report of the audit shall be made available to the customers
55	in the month after it is filed.
56	(b) The audit procedure shall be performed by an
57	independent authority nominated by the county.
58	(c) The certification and recertification procedure shall
59	be overseen by an ad hoc committee consisting of two utility
60	representatives, two customer representatives, the county health
61	officer, and two independent scientific observers and shall be
62	chaired by a county commissioner. The members of the ad hoc
63	committee shall be chosen by the chair of the county commission
64	and shall serve 1-year terms. The committee shall meet at the
65	call of the chair or at the request of a majority of its
66	membership to establish an audit and certification procedure, to
67	hear customer complaints, and to determine whether an interim or
68	additional audit is necessary. A majority of committee members
69	shall constitute a quorum, and the affirmative vote of a
70	majority of a quorum is necessary for the committee to take
71	action. The county shall provide administrative support to the
72	committee as necessary. The ad hoc committee may require interim
73	audits if a monopoly utility’s customers file a significant
74	number of complaints about water quality which have not been
75	effectively addressed by the water utility. The committee shall
76	evaluate and determine whether additional audits are appropriate
77	to resolve the complaints. The cost of such additional audits
78	may be considered in establishing the utility’s rates unless an
79	audit reveals evidence of deficiencies caused by the
80	incompetence, neglect, or indifference of the monopoly water
81	utility.
82	Section 2. This act shall take effect July 1, 2003.
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