SENATE AMENDMENT
    Bill No. SB 2368
    Amendment No. ___   Barcode 525252
                            CHAMBER ACTION
              Senate                               House
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       05/02/2003 03:59 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 2, line 2, through
15            page 3, line 8, delete those lines
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17  and insert:  of the water delivered into customers' homes. It
18  is the further intent of the Legislature to establish a pilot
19  program in Pasco County regarding monopoly water utilities
20  which is intended to allow Pasco County the ability to respond
21  to consumer criticisms regarding black water and other
22  consumer complaints dealing with customer service. It is also
23  the intent of the Legislature to maintain a statewide uniform
24  system of regulation with respect to the establishment of
25  water quality standards. Therefore, the Legislature recognizes
26  that only the Department of Environmental Protection, the
27  Public Service Commission, and the Environmental Protection
28  Agency are authorized to establish water quality criteria
29  requirements. Nonetheless, it is recognized that technology
30  may be available to assist in lessening black water problems.
31  It is also recognized that monopoly water utilities have
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    12:32 PM   05/01/03                               s2368c-11e0a

SENATE AMENDMENT Bill No. SB 2368 Amendment No. ___ Barcode 525252 1 established varying degrees of customer service programs that 2 are designed to respond to consumer complaints regarding 3 customer service. 4 (2) If Pasco County is receiving black water or other 5 customer service complaints from a significant number of those 6 customers serviced by a monopoly water utility, the chairman 7 of the county commission may establish a monopoly water 8 utility ad hoc committee consisting of the chairman of the 9 county commission, two utility representatives from monopoly 10 water utilities, two customer representatives, the county 11 health officer, and two independent scientific experts in 12 water chemistry. The committee shall be in existence for no 13 more than a 2-year period, and its function shall be: 14 (a) To review and evaluate customer service complaints 15 and, if deemed necessary, recommend to the county commission 16 the establishment of uniform customer service criteria to be 17 applied by all monopoly water utilities; 18 (b) To review and evaluate black water concerns 19 expressed by customers serviced by a monopoly water utility if 20 similar complaints have also been filed with the Public 21 Service Commission; and 22 (c) If deemed necessary, recommend to the county 23 commission the propriety of requiring new technology or new 24 uniform minimum technology standards for use by monopoly water 25 utilities in the treatment of black water and customer service 26 responsiveness. The ad hoc committee may evaluate a monopoly 27 water utility's operational protocol only insofar as it 28 relates to customer service. The ad hoc committee may not 29 recommend standards that deal with the financial aspects of a 30 water utility or standards or criteria relating to water 31 quality which would either conflict with or be more stringent 2 12:32 PM 05/01/03 s2368c-11e0a
SENATE AMENDMENT Bill No. SB 2368 Amendment No. ___ Barcode 525252 1 than water quality standards presently imposed by the Public 2 Service Commission, the Department of Environmental 3 Protection, or the Environmental Protection Agency. However, 4 the ad hoc committee may recommend the establishment of local 5 technological standards or methods of treatment relating to 6 the esthetics of black water or other minimum standards 7 regarding general responsiveness to customer service 8 complaints. Such technological standards relating to black 9 water must be economically, technologically, and 10 environmentally feasible. The ad hoc committee shall consult 11 with the Public Service Commission, the Department of 12 Environmental Protection, or the Environmental Protection 13 Agency as necessary. 14 (3) On the recommendation of the ad hoc committee, the 15 county commission may choose to adopt additional technological 16 standards designed to resolve black water issues which are not 17 required by the Public Service Commission, the Department of 18 Environmental Protection, or the Environmental Protection 19 Agency and may also choose to adopt other minimum standards 20 for customer service responsiveness. Upon the adoption of any 21 such standards, each monopoly water utility shall be informed 22 of those new standards and shall be given 3 months to submit 23 to the county a plan for compliance with those standards. The 24 county shall allow for a reasonable time to bring such systems 25 into compliance with the new standards. Notwithstanding any 26 other provisions of this section, the county commission may 27 not adopt standards that deal with the financial aspects of a 28 monopoly water utility or standards or criteria relating to 29 water quality as applied to a monopoly water utility which 30 would either conflict with or be more stringent than water 31 quality standards or criteria presently imposed by the Public 3 12:32 PM 05/01/03 s2368c-11e0a
SENATE AMENDMENT Bill No. SB 2368 Amendment No. ___ Barcode 525252 1 Service Commission, the Department of Environmental 2 Protection, or the Environmental Protection Agency. The 3 county's decision to adopt any technological or customer 4 service standards is agency action only for the purposes of 5 this act and is subject to chapter 120, Florida Statutes. Any 6 affected monopoly water utility, consumer, or state agency may 7 challenge, pursuant to chapter 120, Florida Statutes, the 8 county's decision to adopt such standards as not complying 9 with the provisions contained in this section, and the county 10 shall refer the petition to the Division of Administrative 11 Hearings. Any decision of an administrative law judge is final 12 agency action, subject to appeal pursuant to section 120.68, 13 Florida Statutes. If there is no challenge to the decision of 14 the county commission to impose additional standards as 15 provided for in this section or the county prevails in an 16 administrative challenge to the proposed standards, the full 17 amount of any reasonable and prudent costs incurred in 18 complying with the county requirements are recoverable by a 19 monopoly water utility under section 367.081(4)(b), Florida 20 Statutes. 21 (4) If any other provision of this chapter is 22 inconsistent with this section, this section shall prevail. 23 (5) This section shall expire effective July 1, 2005. 24 25 (Redesignate subsequent sections.) 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 On page 1, lines 5-16, delete those lines 31 4 12:32 PM 05/01/03 s2368c-11e0a
SENATE AMENDMENT Bill No. SB 2368 Amendment No. ___ Barcode 525252 1 and insert: 2 providing for a pilot project for Pasco County 3 to facilitate county response to certain 4 consumer complaints; providing legislative 5 intent; allowing the chairman of the board of 6 county commissioners to establish a monopoly 7 water utility ad hoc committee for a prescribed 8 period; providing for the membership and duties 9 of the ad hoc committee; allowing the county 10 commission to adopt additional technological 11 standards to address issues relating to black 12 water; requiring that utilities receive notice 13 of the standards and that they submit a 14 compliance plan to the county; prohibiting 15 county commissions from adopting standards that 16 relate to the finances of a monopoly water 17 utility or that conflict with specified 18 standards imposed by other regulatory bodies; 19 providing procedures for challenging standards 20 adopted by the county; providing for a monopoly 21 water utility to recover certain costs of 22 compliance with the county requirements; 23 providing that this act supersedes conflicting 24 provisions of ch. 367, F.S.; providing for 25 future repeal; providing an effective 26 27 28 29 30 31 5 12:32 PM 05/01/03 s2368c-11e0a