November 18, 2019
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
Senate Bill 2120

Senate Bill sb2120

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004        (NP)                      SB 2120

    By Senator Fasano





    11-1608-04                                              See HB

  1                      A bill to be entitled

  2         An act relating to Pasco County; providing

  3         legislative findings and intent with respect to

  4         monopoly water utilities; providing for a pilot

  5         project for Pasco County to facilitate county

  6         response to certain consumer complaints;

  7         permitting the chair of the board of county

  8         commissioners to establish a monopoly water

  9         utility ad hoc committee for a prescribed

10         period; providing for the membership and duties

11         of the committee; allowing the county

12         commission to adopt additional technological

13         standards to address issues relating to black

14         water and rotten-egg odor in domestic plumbing;

15         requiring that utilities receive notice of the

16         standards and submit a compliance plan to the

17         county; prohibiting the county commission from

18         adopting standards that relate to the finances

19         of a monopoly water utility or conflict with

20         specified standards imposed by other regulatory

21         bodies; providing procedures for challenging

22         standards adopted by the county; providing for

23         a monopoly water utility to recover certain

24         costs of compliance with the county

25         requirements; providing that this act

26         supersedes conflicting provisions of ch. 367,

27         F.S.; providing for future repeal; providing an

28         effective date.

29  

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

31  

                                  1

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






    Florida Senate - 2004        (NP)                      SB 2120
    11-1608-04                                              See HB




 1         Section 1.  Monopoly water utilities; legislative

 2  findings and intent; Pasco County pilot project; countywide

 3  standards for black water, rotten-egg odor, and customer

 4  service.--

 5         (1)  The Legislature recognizes that by extending the

 6  privilege of monopoly status to certain utilities, chapter

 7  367, Florida Statutes, creates a class of captive customers

 8  who cannot choose to purchase service from an open market.

 9  Accordingly, the Legislature finds that it is a priority to

10  ensure that drinking water delivered to captive customers

11  meets appropriate quality standards. The Legislature further

12  finds that there exists a variety of factors that affect the

13  quality of the water delivered into customers' homes. It is

14  the intent of the Legislature to establish a pilot program in

15  Pasco County regarding monopoly water utilities which is

16  intended to allow Pasco County the ability to respond to

17  consumer complaints regarding black water, rotten-egg odor

18  arising from local variations in raw water chemistry, and

19  customer service. It is also the intent of the Legislature to

20  maintain a statewide uniform system of regulation with respect

21  to the establishment of water quality standards. Therefore,

22  the Legislature recognizes that only the Public Service

23  Commission, the Department of Environmental Protection, and

24  the Environmental Protection Agency are authorized to

25  establish statewide water quality criteria requirements.

26  Nonetheless, it is recognized that technology may be available

27  to assist in lessening black water and rotten-egg odor arising

28  from local variations in raw water chemistry. It is also

29  recognized that monopoly water utilities have established

30  varying degrees of customer service programs that are designed

31  to respond to consumer complaints regarding customer service.

                                  2

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






    Florida Senate - 2004        (NP)                      SB 2120
    11-1608-04                                              See HB




 1         (2)  If Pasco County is receiving black water,

 2  rotten-egg odor, or other customer service complaints from a

 3  significant number of the customers serviced by any monopoly

 4  water utility, the chair of the county commission may

 5  establish a monopoly water utility ad hoc committee consisting

 6  of the chair of the county commission, two representatives

 7  from the monopoly water utility, two customer representatives,

 8  the county health officer, and two independent scientific

 9  experts in water chemistry. The committee shall be in

10  existence for no more than 2 years, and its functions shall

11  be:

12         (a)  To review and evaluate customer service complaints

13  and, if deemed necessary, recommend to the county commission

14  the establishment of uniform customer service criteria to be

15  applied by all monopoly water utilities.

16         (b)  To review and evaluate black water and rotten-egg

17  odor concerns expressed by customers serviced by a monopoly

18  water utility if similar complaints have also been filed with

19  the Public Service Commission.

20         (c)  If deemed necessary, to recommend to the county

21  commission the propriety of requiring new technology or new

22  uniform minimum technology standards for use by monopoly water

23  utilities in the treatment of black water and rotten-egg odor

24  and the delivery of customer service. The ad hoc committee may

25  evaluate a monopoly water utility's operational protocol only

26  insofar as it relates to customer service and water quality

27  issues related to local variations in water chemistry. The ad

28  hoc committee may not recommend standards that deal with the

29  financial aspects of a water utility or standards or criteria

30  relating to water quality which would conflict with water

31  quality standards presently imposed by the Public Service

                                  3

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






    Florida Senate - 2004        (NP)                      SB 2120
    11-1608-04                                              See HB




 1  Commission, the Department of Environmental Protection, or the

 2  Environmental Protection Agency. However, the ad hoc committee

 3  may recommend the establishment of local technological

 4  standards or methods of processing relating to black water and

 5  rotten-egg odor or other minimum standards regarding general

 6  responsiveness to customer service complaints. Such

 7  technological standards relating to black water and rotten-egg

 8  odor must be economically, technologically, and

 9  environmentally feasible. The ad hoc committee shall consult

10  with the Public Service Commission, the Department of

11  Environmental Protection, or the Environmental Protection

12  Agency, as necessary.

13         (3)  On the recommendation of the ad hoc committee, the

14  county commission may choose to adopt additional technological

15  standards upon demonstration that there will be a substantial

16  improvement in black water and rotten-egg odor conditions and

17  such standards do not conflict with the permitting

18  requirements of the Public Service Commission, the Department

19  of Environmental Protection, or the Environmental Protection

20  Agency. The county commission may also choose to adopt other

21  minimum standards for customer service responsiveness. Upon

22  the adoption of any such standards, each monopoly water

23  utility shall be informed of those new standards and shall be

24  given 3 months to submit to the county a plan for compliance

25  with those standards. The county shall allow for a reasonable

26  time to bring such systems into compliance with the new

27  standards. Notwithstanding any other provisions of this act,

28  the county commission may not adopt standards that deal with

29  the financial aspects of a monopoly water utility or standards

30  or criteria relating to water quality as applied to a monopoly

31  water utility which would either conflict with or be more

                                  4

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






    Florida Senate - 2004        (NP)                      SB 2120
    11-1608-04                                              See HB




 1  stringent than water quality standards or criteria presently

 2  imposed by the Public Service Commission, the Department of

 3  Environmental Protection, or the Environmental Protection

 4  Agency. The county's decision to adopt any technological or

 5  customer service standards is agency action only for the

 6  purposes of this act and is subject to chapter 120, Florida

 7  Statutes. Any affected monopoly water utility, consumer, or

 8  state agency may challenge, pursuant to chapter 120, Florida

 9  Statutes, the county's decision to adopt such standards as not

10  complying with the provisions contained in this act, and the

11  county shall refer the petition to the Division of

12  Administrative Hearings. Any decision of an administrative law

13  judge is final agency action, subject to appeal pursuant to

14  section 120.68, Florida Statutes. If there is no challenge to

15  the decision of the county commission to impose additional

16  standards as provided for in this act, or if the county

17  prevails in an administrative challenge to the proposed

18  standards, the full amount of any reasonable and prudent costs

19  incurred in complying with the county requirements and any

20  legal or other costs incurred by the utility in participating

21  in the process outlined in this section are recoverable by a

22  monopoly water utility under section 367.081(4)(b), Florida

23  Statutes, if that monopoly water utility is regulated by the

24  Public Service Commission.

25         (4)  This act is intended to supersede the provisions

26  of chapter 367, Florida Statutes, to the extent that such

27  provisions are inconsistent with this act.

28         (5)  This act shall expire July 1, 2005.

29         Section 2.  This act shall take effect upon becoming a

30  law.

31  

                                  5

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

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2019 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader