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.

29  

30  Be It Enacted by the Legislature of the State of Florida:

31  


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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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