Senate Bill sb2368e1
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SB 2368 First Engrossed
1 A bill to be entitled
2 An act relating to water utilities; creating s.
3 367.172, F.S.; providing legislative findings
4 with respect to monopoly water utilities;
5 providing for a pilot project for Pasco County
6 to facilitate county response to certain
7 consumer complaints; providing legislative
8 intent; allowing the chairman of the board of
9 county commissioners to establish a monopoly
10 water utility ad hoc committee for a prescribed
11 period; providing for the membership and duties
12 of the ad hoc committee; allowing the county
13 commission to adopt additional technological
14 standards to address issues relating to black
15 water; requiring that utilities receive notice
16 of the standards and that they submit a
17 compliance plan to the county; prohibiting
18 county commissions from adopting standards that
19 relate to the finances of a monopoly water
20 utility or that conflict with specified
21 standards imposed by other regulatory bodies;
22 providing procedures for challenging standards
23 adopted by the county; providing for a monopoly
24 water utility to recover certain costs of
25 compliance with the county requirements;
26 providing that this act supersedes conflicting
27 provisions of ch. 367, F.S.; providing for
28 future repeal; providing an effective date.
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30 Be It Enacted by the Legislature of the State of Florida:
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SB 2368 First Engrossed
1 Section 1. Section 367.172, Florida Statutes, is
2 created to read:
3 367.172 Monopoly water utilities; legislative intent;
4 Pasco County pilot project, countywide standards for black
5 water and customer service.--
6 (1) The Legislature recognizes that by extending the
7 privilege of monopoly status to certain utilities, this
8 chapter creates a class of captive customers who cannot choose
9 to purchase service from an open market. Accordingly, the
10 Legislature finds that it is a priority to ensure that
11 drinking water delivered to captive customers meets
12 appropriate quality standards. The Legislature further finds
13 that there exists a variety of factors that affect the quality
14 of the water delivered into customers' homes. It is the
15 further intent of the Legislature to establish a pilot program
16 in Pasco County regarding monopoly water utilities which is
17 intended to allow Pasco County the ability to respond to
18 consumer criticisms regarding black water and other consumer
19 complaints dealing with customer service. It is also the
20 intent of the Legislature to maintain a statewide uniform
21 system of regulation with respect to the establishment of
22 water quality standards. Therefore, the Legislature recognizes
23 that only the Department of Environmental Protection, the
24 Public Service Commission, and the Environmental Protection
25 Agency are authorized to establish water quality criteria
26 requirements. Nonetheless, it is recognized that technology
27 may be available to assist in lessening black water problems.
28 It is also recognized that monopoly water utilities have
29 established varying degrees of customer service programs that
30 are designed to respond to consumer complaints regarding
31 customer service.
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SB 2368 First Engrossed
1 (2) If Pasco County is receiving black water or other
2 customer service complaints from a significant number of those
3 customers serviced by a monopoly water utility, the chairman
4 of the county commission may establish a monopoly water
5 utility ad hoc committee consisting of the chairman of the
6 county commission, two utility representatives from monopoly
7 water utilities, two customer representatives, the county
8 health officer, and two independent scientific experts in
9 water chemistry. The committee shall be in existence for no
10 more than a 2-year period, and its function shall be:
11 (a) To review and evaluate customer service complaints
12 and, if deemed necessary, recommend to the county commission
13 the establishment of uniform customer service criteria to be
14 applied by all monopoly water utilities;
15 (b) To review and evaluate black water concerns
16 expressed by customers serviced by a monopoly water utility if
17 similar complaints have also been filed with the Public
18 Service Commission; and
19 (c) If deemed necessary, recommend to the county
20 commission the propriety of requiring new technology or new
21 uniform minimum technology standards for use by monopoly water
22 utilities in the treatment of black water and customer service
23 responsiveness. The ad hoc committee may evaluate a monopoly
24 water utility's operational protocol only insofar as it
25 relates to customer service. The ad hoc committee may not
26 recommend standards that deal with the financial aspects of a
27 water utility or standards or criteria relating to water
28 quality which would either conflict with or be more stringent
29 than water quality standards presently imposed by the Public
30 Service Commission, the Department of Environmental
31 Protection, or the Environmental Protection Agency. However,
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SB 2368 First Engrossed
1 the ad hoc committee may recommend the establishment of local
2 technological standards or methods of treatment relating to
3 the esthetics of black water or other minimum standards
4 regarding general responsiveness to customer service
5 complaints. Such technological standards relating to black
6 water must be economically, technologically, and
7 environmentally feasible. The ad hoc committee shall consult
8 with the Public Service Commission, the Department of
9 Environmental Protection, or the Environmental Protection
10 Agency as necessary.
11 (3) On the recommendation of the ad hoc committee, the
12 county commission may choose to adopt additional technological
13 standards designed to resolve black water issues which are not
14 required by the Public Service Commission, the Department of
15 Environmental Protection, or the Environmental Protection
16 Agency and may also choose to adopt other minimum standards
17 for customer service responsiveness. Upon the adoption of any
18 such standards, each monopoly water utility shall be informed
19 of those new standards and shall be given 3 months to submit
20 to the county a plan for compliance with those standards. The
21 county shall allow for a reasonable time to bring such systems
22 into compliance with the new standards. Notwithstanding any
23 other provisions of this section, the county commission may
24 not adopt standards that deal with the financial aspects of a
25 monopoly water utility or standards or criteria relating to
26 water quality as applied to a monopoly water utility which
27 would either conflict with or be more stringent than water
28 quality standards or criteria presently imposed by the Public
29 Service Commission, the Department of Environmental
30 Protection, or the Environmental Protection Agency. The
31 county's decision to adopt any technological or customer
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SB 2368 First Engrossed
1 service standards is agency action only for the purposes of
2 this act and is subject to chapter 120, Florida Statutes. Any
3 affected monopoly water utility, consumer, or state agency may
4 challenge, pursuant to chapter 120, Florida Statutes, the
5 county's decision to adopt such standards as not complying
6 with the provisions contained in this section, and the county
7 shall refer the petition to the Division of Administrative
8 Hearings. Any decision of an administrative law judge is final
9 agency action, subject to appeal pursuant to section 120.68,
10 Florida Statutes. If there is no challenge to the decision of
11 the county commission to impose additional standards as
12 provided for in this section or the county prevails in an
13 administrative challenge to the proposed standards, the full
14 amount of any reasonable and prudent costs incurred in
15 complying with the county requirements are recoverable by a
16 monopoly water utility under section 367.081(4)(b), Florida
17 Statutes.
18 (4) If any other provision of this chapter is
19 inconsistent with this section, this section shall prevail.
20 (5) This section shall expire effective July 1, 2005.
21 Section 2. This act shall take effect July 1, 2003.
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