HB 0987

1
A bill to be entitled
2An act relating to Pasco County; providing legislative
3findings and intent with respect to monopoly water
4utilities; providing for a pilot project for Pasco County
5to facilitate county response to certain consumer
6complaints; permitting the chair of the board of county
7commissioners to establish a monopoly water utility ad hoc
8committee for a prescribed period; providing for the
9membership and duties of the committee; allowing the
10county commission to adopt additional technological
11standards to address issues relating to black water and
12rotten-egg odor in domestic plumbing; requiring that
13utilities receive notice of the standards and submit a
14compliance plan to the county; prohibiting the county
15commission from adopting standards that relate to the
16finances of a monopoly water utility or conflict with
17specified standards imposed by other regulatory bodies;
18providing procedures for challenging standards adopted by
19the county; providing for a monopoly water utility to
20recover certain costs of compliance with the county
21requirements; providing that this act supersedes
22conflicting provisions of ch. 367, F.S.; providing for
23future repeal; providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Monopoly water utilities; legislative findings
28and intent; Pasco County pilot project; countywide standards for
29black water, rotten-egg odor, and customer service.--
30     (1)  The Legislature recognizes that by extending the
31privilege of monopoly status to certain utilities, chapter 367,
32Florida Statutes, creates a class of captive customers who
33cannot choose to purchase service from an open market.
34Accordingly, the Legislature finds that it is a priority to
35ensure that drinking water delivered to captive customers meets
36appropriate quality standards. The Legislature further finds
37that there exists a variety of factors that affect the quality
38of the water delivered into customers' homes. It is the intent
39of the Legislature to establish a pilot program in Pasco County
40regarding monopoly water utilities which is intended to allow
41Pasco County the ability to respond to consumer complaints
42regarding black water, rotten-egg odor arising from local
43variations in raw water chemistry, and customer service. It is
44also the intent of the Legislature to maintain a statewide
45uniform system of regulation with respect to the establishment
46of water quality standards. Therefore, the Legislature
47recognizes that only the Public Service Commission, the
48Department of Environmental Protection, and the Environmental
49Protection Agency are authorized to establish statewide water
50quality criteria requirements. Nonetheless, it is recognized
51that technology may be available to assist in lessening black
52water and rotten-egg odor arising from local variations in raw
53water chemistry. It is also recognized that monopoly water
54utilities have established varying degrees of customer service
55programs that are designed to respond to consumer complaints
56regarding customer service.
57     (2)  If Pasco County is receiving black water, rotten-egg
58odor, or other customer service complaints from a significant
59number of the customers serviced by any monopoly water utility,
60the chair of the county commission may establish a monopoly
61water utility ad hoc committee consisting of the chair of the
62county commission, two representatives from the monopoly water
63utility, two customer representatives, the county health
64officer, and two independent scientific experts in water
65chemistry. The committee shall be in existence for no more than
662 years, and its functions shall be:
67     (a)  To review and evaluate customer service complaints
68and, if deemed necessary, recommend to the county commission the
69establishment of uniform customer service criteria to be applied
70by all monopoly water utilities.
71     (b)  To review and evaluate black water and rotten-egg odor
72concerns expressed by customers serviced by a monopoly water
73utility if similar complaints have also been filed with the
74Public Service Commission.
75     (c)  If deemed necessary, to recommend to the county
76commission the propriety of requiring new technology or new
77uniform minimum technology standards for use by monopoly water
78utilities in the treatment of black water and rotten-egg odor
79and the delivery of customer service. The ad hoc committee may
80evaluate a monopoly water utility's operational protocol only
81insofar as it relates to customer service and water quality
82issues related to local variations in water chemistry. The ad
83hoc committee may not recommend standards that deal with the
84financial aspects of a water utility or standards or criteria
85relating to water quality which would conflict with water
86quality standards presently imposed by the Public Service
87Commission, the Department of Environmental Protection, or the
88Environmental Protection Agency. However, the ad hoc committee
89may recommend the establishment of local technological standards
90or methods of processing relating to black water and rotten-egg
91odor or other minimum standards regarding general responsiveness
92to customer service complaints. Such technological standards
93relating to black water and rotten-egg odor must be
94economically, technologically, and environmentally feasible. The
95ad hoc committee shall consult with the Public Service
96Commission, the Department of Environmental Protection, or the
97Environmental Protection Agency, as necessary.
98     (3)  On the recommendation of the ad hoc committee, the
99county commission may choose to adopt additional technological
100standards upon demonstration that there will be a substantial
101improvement in black water and rotten-egg odor conditions and
102such standards do not conflict with the permitting requirements
103of the Public Service Commission, the Department of
104Environmental Protection, or the Environmental Protection
105Agency. The county commission may also choose to adopt other
106minimum standards for customer service responsiveness. Upon the
107adoption of any such standards, each monopoly water utility
108shall be informed of those new standards and shall be given 3
109months to submit to the county a plan for compliance with those
110standards. The county shall allow for a reasonable time to bring
111such systems into compliance with the new standards.
112Notwithstanding any other provisions of this act, the county
113commission may not adopt standards that deal with the financial
114aspects of a monopoly water utility or standards or criteria
115relating to water quality as applied to a monopoly water utility
116which would either conflict with or be more stringent than water
117quality standards or criteria presently imposed by the Public
118Service Commission, the Department of Environmental Protection,
119or the Environmental Protection Agency. The county's decision to
120adopt any technological or customer service standards is agency
121action only for the purposes of this act and is subject to
122chapter 120, Florida Statutes. Any affected monopoly water
123utility, consumer, or state agency may challenge, pursuant to
124chapter 120, Florida Statutes, the county's decision to adopt
125such standards as not complying with the provisions contained in
126this act, and the county shall refer the petition to the
127Division of Administrative Hearings. Any decision of an
128administrative law judge is final agency action, subject to
129appeal pursuant to s. 120.68, Florida Statutes. If there is no
130challenge to the decision of the county commission to impose
131additional standards as provided for in this act, or if the
132county prevails in an administrative challenge to the proposed
133standards, the full amount of any reasonable and prudent costs
134incurred in complying with the county requirements and any legal
135or other costs incurred by the utility in participating in the
136process outlined in this section are recoverable by a monopoly
137water utility under s. 367.081(4)(b), Florida Statutes, if that
138monopoly water utility is regulated by the Public Service
139Commission.
140     (4)  This act is intended to supersede the provisions of
141chapter 367, Florida Statutes, to the extent that such
142provisions are inconsistent with this act.
143     (5)  This act shall expire July 1, 2005.
144     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.