Florida Senate - 2025                                    SB 1208
       
       
        
       By Senator Truenow
       
       
       
       
       
       13-01439A-25                                          20251208__
    1                        A bill to be entitled                      
    2         An act relating to service lateral assessment and
    3         rehabilitation; creating s. 403.4156, F.S.; providing
    4         a purpose; defining terms; requiring all utility
    5         systems to establish and maintain a comprehensive
    6         condition assessment program for service laterals
    7         under their jurisdiction; providing applicability;
    8         authorizing utility systems to contract the
    9         assessments to certain entities; providing
   10         requirements for such entities; providing requirements
   11         for such assessments; requiring each service lateral
   12         to be inspected on a certain cycle; providing
   13         requirements for such inspections; requiring each
   14         service lateral to be assigned a unique pipe
   15         identification or asset identification number;
   16         providing construction; requiring each inspected
   17         lateral to receive a certain score; requiring certain
   18         inspection data to be recorded and maintained in a
   19         secure cloud-based platform; requiring data to be
   20         maintained for a certain timeframe; providing
   21         requirements for how condition assessment data must be
   22         maintained; requiring certain lateral pipes to be
   23         flagged for immediate consideration under a certain
   24         program; requiring each utility system to maintain a
   25         lateral monolithic repair program; providing
   26         applicability; requiring the utility system to execute
   27         the rehabilitation or replacement of flagged service
   28         laterals using certain methods; providing for a
   29         complete seal at certain points; requiring such
   30         rehabilitation take place in a certain timeframe;
   31         providing construction; providing for enforcement and
   32         compliance; requiring utility systems to annually
   33         submit specified reports to the Department of
   34         Environmental Protection; providing penalties;
   35         authorizing the state to establish incentive programs,
   36         grants, or to match funds to support utility systems
   37         in developing or enhancing their condition assessment
   38         programs; providing for funding; providing an
   39         effective date.
   40  
   41         WHEREAS, numerous studies, including data from the
   42  Department of Environmental Protection and Water Environment
   43  Federation case analyses, indicate that a substantial percentage
   44  of infiltration and inflow into wastewater collection systems
   45  originates from private-side service laterals and that lack of
   46  oversight and limited enforcement authority over privately owned
   47  lateral segments compound this issue, and
   48         WHEREAS, in the past 20 years, the state’s wastewater
   49  systems have spilled or improperly discharged over 2.5 billion
   50  gallons of raw or partially treated sewage into the environment
   51  and a significant portion reached waterways, causing
   52  catastrophic environmental damage and public health threats, and
   53         WHEREAS, the state is projected to exceed 3 billion gallons
   54  of sewage leakage since 2000, most of which can be traced back
   55  to failing or leaky lateral pipelines, and
   56         WHEREAS, excessive infiltration from deteriorated service
   57  laterals frequently overloads utility treatment capacities,
   58  leading to sanitary sewer overflows and environmental hazards
   59  and these overflows compromise water quality, harm aquatic
   60  ecosystems, and pose severe public health risks, and
   61         WHEREAS, insufficient monitoring and lack of clear remedial
   62  protocols for laterals have allowed structural defects and
   63  infiltration and inflow sources to remain largely unaddressed,
   64  and
   65         WHEREAS, this act aims to rectify these deficiencies
   66  through uniform inspection, public transparency, and mandatory
   67  rehabilitation requirements, NOW, THEREFORE,
   68  
   69  Be It Enacted by the Legislature of the State of Florida:
   70  
   71         Section 1. Section 403.4156, Florida Statutes, is created
   72  to read:
   73         403.4156Florida Service Lateral Assessment and
   74  Rehabilitation Act.—
   75         (1)PURPOSE.—It is the purpose of this section to:
   76         (a)Ensure that all utility systems, public and private,
   77  deploy comprehensive inspection methods to evaluate the
   78  structural integrity and infiltration and inflow risks of
   79  service laterals from the utility mainline connection to the
   80  edge of each building structure.
   81         (b)Establish minimum requirements for data collection,
   82  long-term archiving, and accessible reporting, thereby enhancing
   83  infrastructure reliability and protecting Florida’s water
   84  resources.
   85         (c)Promote complete and proper structural rehabilitation
   86  of service laterals, ensuring a monolithic seal at the main
   87  lateral connection point that mitigates infiltration, enhances
   88  infrastructure lifecycles, ensures environmental compliance, and
   89  lowers the risk of sanitary sewer overflow events.
   90         (2)DEFINITIONS.—For purposes of this section, the term:
   91         (a)“CCTV lateral launch camera system” means a closed
   92  circuit television inspection system capable of traversing from
   93  the mainline sewer into the service lateral for the purpose of
   94  visual evaluation.
   95         (b)“Condition assessment program” means a structured
   96  inspection, data collection, and risk evaluation methodology
   97  designed to identify and prioritize structural and infiltration
   98  and inflow issues in sewer laterals.
   99         (c)“Monolithic repair” means pipe repair or rehabilitation
  100  resulting in no joints or seams, including all points where the
  101  lateral connects to the structure, the mainline, and any
  102  required cleanouts, ensuring a fully sealed and continuous
  103  system.
  104         (d)“NASSCO LACP protocols” means the National Association
  105  of Sewer Service Companies’ Lateral Assessment Certification
  106  Program guidelines for standardized inspection, coding, and
  107  condition rating of sewer laterals.
  108         (e)“Pipeline severity score” means a composite condition
  109  rating applied to each lateral pipeline after a proper
  110  assessment under NASSCO LACP protocols which includes both of
  111  the following:
  112         1.The pipe rating index score.
  113         2.The likelihood of failure score.
  114         (f)“Service lateral” or “lateral” means the underground
  115  sewer pipeline that connects a property or building to a
  116  utility’s mainline sewer pipe. The term includes the entire
  117  length of the lateral pipe from the utility system’s mainline
  118  sewer to the edge of the building structure, and not just up to
  119  the property line or utility easement.
  120         (g)“Utility system” means a government agency, a
  121  municipality, a private utility entity, or an entity under
  122  contract with such agencies or entities which owns, operates, or
  123  maintains sewer infrastructure in this state.
  124         (3)CONDITION ASSESSMENT PROGRAM REQUIREMENTS.—
  125         (a)Every utility system operating within this state shall
  126  establish and maintain a comprehensive condition assessment
  127  program for all service laterals under its jurisdiction.
  128         1.This paragraph applies uniformly to all utility systems,
  129  regardless of public or private ownership, size, or service
  130  area.
  131         2.If a utility system chooses not to undertake the
  132  condition assessment program assessments directly, it may
  133  contract the assessments to a reputable licensed entity holding
  134  either a general contractor’s license with a plumbing license,
  135  or an underground utility license. All contractors and
  136  technicians performing assessments must be certified by the
  137  NASSCO Pipeline Assessment Certification Program, Lateral
  138  Assessment Certification Program, or Manhole Assessment
  139  Certification Program to ensure quality and consistency with
  140  industry standards.
  141         (b)Each service lateral within the utility system shall be
  142  inspected at least once every 7 years.
  143         1.Inspections shall include a full assessment from the
  144  mainline sewer connection point to the edge of the building
  145  structure.
  146         2.Utilities must develop and maintain a proactive schedule
  147  ensuring that 100 percent of all service laterals are inspected
  148  within each 7-year cycle.
  149         3.CCTV lateral launch camera systems shall be used to
  150  perform all inspections.
  151         4.All inspections must follow the NASSCO LACP protocols,
  152  including standardized coding and condition ratings.
  153         (c)1.Each service lateral must be assigned a unique pipe
  154  identification or asset identification number which shall appear
  155  on all corresponding condition assessment documentation and
  156  inspection reports. This unique identifier must be compatible
  157  with and easily integrable into any existing geographic
  158  information system or asset management database maintained by
  159  the utility system.
  160         2.Each lateral shall receive a pipeline severity score
  161  indicating any observed or potential structural defects,
  162  infiltration, or inflow concerns.
  163         (d)All inspection videos, reports, condition ratings, and
  164  supplementary data shall be recorded and retained in a secure,
  165  cloud-based platform.
  166         1.Data shall be maintained for at least two full
  167  inspection cycles, a minimum of 14 years, ensuring availability
  168  for regulatory review and historical reference.
  169         2.Condition assessment data must be maintained in a
  170  publicly accessible database for properties where defective,
  171  damaged, or deteriorated service laterals are identified. For
  172  each property, the database shall include, at a minimum:
  173         a.The property address.
  174         b.The date of inspection.
  175         c.The pipeline severity score.
  176         d.The general condition summary.
  177         e.The unique pipe identification or asset identification
  178  number.
  179         (e)Any lateral with a pipe rating index score above 3.5 or
  180  a likelihood of failure score at or above 4 must be flagged for
  181  immediate consideration under the lateral monolithic repair
  182  program.
  183         (f)Each utility system shall establish and maintain a
  184  lateral monolithic repair program.
  185         1.The lateral monolithic repair program applies to any
  186  service lateral identified during the condition assessment
  187  program to have a pipe rating index score above 3.5 or a
  188  likelihood of failure score at or above 4. Such laterals are
  189  deemed to have a detrimental effect on the utility system’s
  190  capacity and are at high risk for infiltration and inflow events
  191  likely to contribute to sanitary sewer overflows, environmental
  192  damage, and public health threats.
  193         2.Under the lateral monolithic repair program, the utility
  194  system shall execute timely rehabilitation or replacement of the
  195  flagged service laterals using non-disruptive trenchless
  196  technology methods, thereby mitigating infiltration, restoring
  197  structural integrity, and minimizing community impact and costs.
  198  A complete seal at the main and lateral connection point must be
  199  ensured to create a monolithic system that prevents infiltration
  200  and extends asset lifecycle.
  201         3.For any lateral placed into the lateral monolithic
  202  repair program, rehabilitation must be completed within 12
  203  months from the date the issues are discovered. The
  204  rehabilitation work must be performed by a certified general
  205  contractor who also holds either a certified plumbing or
  206  underground utility license.
  207         a.A two-way cleanout must be installed at the property and
  208  utility easement line to facilitate future inspections and
  209  minimize further disruptions.
  210         b.A seamless, single-piece lateral connection seal must be
  211  installed at the main-lateral connection point to fully close
  212  the annular space. This seal may not rely on any additional
  213  mechanical means such as hydrophilic gaskets.
  214         c.The service lateral itself must be rehabilitated to
  215  create a fully monolithic system from the mainline sewer to the
  216  structure, bonded to the host pipe for maximum structural
  217  durability and longevity. All materials used shall have a
  218  minimum life expectancy of 50 years and comply with American
  219  Society for Testing and Materials standards governing cured-in
  220  place pipe in alignment with the Florida Building Code.
  221         (4)ENFORCEMENT, COMPLIANCE, REPORTS.—
  222         (a)The department or any successor agency shall implement
  223  and enforce this section.
  224         (b)Utility systems shall submit annual compliance reports
  225  to the department detailing progress toward meeting inspection
  226  schedules, summary of condition findings, and any follow-up
  227  actions, particularly under the lateral monolithic repair
  228  program, for at-risk laterals.
  229         (5)PENALTIES.—
  230         (a)Utility systems found to be noncompliant with any
  231  provision of this section may be subject to administrative
  232  fines, notices of violation, or other enforcement measures
  233  deemed appropriate by the department.
  234         (b)Continued noncompliance may result in escalated
  235  penalties, including, but not limited to, suspension of certain
  236  operational permits and eligibility for state funding or grants.
  237         (6)INCENTIVES.—The state may establish incentive programs,
  238  grants, or matching funds to support utility systems in
  239  developing or enhancing their condition assessment programs and
  240  monolithic repair efforts.
  241         (7)FUNDING.—State or local funds allocated for
  242  environmental preservation or protection of water quality may be
  243  applied to this program in order to expedite sewer system
  244  improvements and reduce infiltration and inflow impacts.
  245         Section 2. This act shall take effect July 1, 2025.