SENATE AMENDMENT
    Bill No. CS for CS for SB's 140, 998 & 1060
    Amendment No. ___   Barcode 311458
                            CHAMBER ACTION
              Senate                               House
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       04/23/2003 12:33 PM         .                    
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11  Senator Fasano moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 14, line 1, delete that line
15  
16  and insert:  
17         Section 5.  Pilot project for Pasco County; countywide
18  standards for black water and customer service.--
19         (1)  It is the intent of the Legislature to establish a
20  pilot program in Pasco County regarding monopoly water
21  utilities which is intended to allow Pasco County the ability
22  to respond to consumer criticisms regarding black water and
23  other consumer complaints dealing with customer service. It is
24  also the intent of the Legislature to maintain a statewide
25  uniform system of regulation with respect to the establishment
26  of water quality standards. Therefore, the Legislature
27  recognizes that only the Department of Environmental
28  Protection, the Public Service Commission, and the
29  Environmental Protection Agency are authorized to establish
30  water quality criteria requirements. Nonetheless, it is
31  recognized that technology may be available to assist in
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    10:41 AM   04/21/03                             s0140c2c-11e0a

SENATE AMENDMENT Bill No. CS for CS for SB's 140, 998 & 1060 Amendment No. ___ Barcode 311458 1 lessening black water problems. It is also recognized that 2 monopoly water utilities have established varying degrees of 3 customer service programs that are designed to respond to 4 consumer complaints regarding customer service. 5 (2) If Pasco County is receiving black water or other 6 customer service complaints from a significant number of those 7 customers serviced by a monopoly water utility, the chairman 8 of the county commission may establish a monopoly water 9 utility ad hoc committee consisting of the chairman of the 10 county commission, two utility representatives from monopoly 11 water utilities, two customer representatives, the county 12 health officer, and two independent scientific experts in 13 water chemistry. The committee shall be in existence for no 14 more than a 2-year period, and its function shall be: 15 (a) To review and evaluate customer service complaints 16 and, if deemed necessary, recommend to the county commission 17 the establishment of uniform customer service criteria to be 18 applied by all monopoly water utilities; 19 (b) To review and evaluate black water concerns 20 expressed by customers serviced by a monopoly water utility if 21 similar complaints have also been filed with the Public 22 Service Commission; and 23 (c) If deemed necessary, recommend to the county 24 commission the propriety of requiring new technology or new 25 uniform minimum technology standards for use by monopoly water 26 utilities in the treatment of black water and customer service 27 responsiveness. The ad hoc committee may evaluate a monopoly 28 water utility's operational protocol only insofar as it 29 relates to customer service. The ad hoc committee may not 30 recommend standards that deal with the financial aspects of a 31 water utility or standards or criteria relating to water 2 10:41 AM 04/21/03 s0140c2c-11e0a
SENATE AMENDMENT Bill No. CS for CS for SB's 140, 998 & 1060 Amendment No. ___ Barcode 311458 1 quality which would either conflict with or be more stringent 2 than water quality standards presently imposed by the Public 3 Service Commission, the Department of Environmental 4 Protection, or the Environmental Protection Agency. However, 5 the ad hoc committee may recommend the establishment of local 6 technological standards or methods of treatment relating to 7 the esthetics of black water or other minimum standards 8 regarding general responsiveness to customer service 9 complaints. Such technological standards relating to black 10 water must be economically, technologically, and 11 environmentally feasible. The ad hoc committee shall consult 12 with the Public Service Commission, the Department of 13 Environmental Protection, or the Environmental Protection 14 Agency as necessary. 15 (3) On the recommendation of the ad hoc committee, the 16 county commission may choose to adopt additional technological 17 standards designed to resolve black water issues which are not 18 required by the Public Service Commission, the Department of 19 Environmental Protection, or the Environmental Protection 20 Agency and may also choose to adopt other minimum standards 21 for customer service responsiveness. Upon the adoption of any 22 such standards, each monopoly water utility shall be informed 23 of those new standards and shall be given 3 months to submit 24 to the county a plan for compliance with those standards. The 25 county shall allow for a reasonable time to bring such systems 26 into compliance with the new standards. Notwithstanding any 27 other provisions of this section, the county commission may 28 not adopt standards that deal with the financial aspects of a 29 monopoly water utility or standards or criteria relating to 30 water quality as applied to a monopoly water utility which 31 would either conflict with or be more stringent than water 3 10:41 AM 04/21/03 s0140c2c-11e0a
SENATE AMENDMENT Bill No. CS for CS for SB's 140, 998 & 1060 Amendment No. ___ Barcode 311458 1 quality standards or criteria presently imposed by the Public 2 Service Commission, the Department of Environmental 3 Protection, or the Environmental Protection Agency. The 4 county's decision to adopt any technological or customer 5 service standards is agency action only for the purposes of 6 this act and is subject to chapter 120, Florida Statutes. Any 7 affected monopoly water utility, consumer, or state agency may 8 challenge, pursuant to chapter 120, Florida Statutes, the 9 county's decision to adopt such standards as not complying 10 with the provisions contained in this section, and the county 11 shall refer the petition to the Division of Administrative 12 Hearings. Any decision of an administrative law judge is final 13 agency action, subject to appeal pursuant to section 120.68, 14 Florida Statutes. If there is no challenge to the decision of 15 the county commission to impose additional standards as 16 provided for in this section or the county prevails in an 17 administrative challenge to the proposed standards, the full 18 amount of any reasonable and prudent costs incurred in 19 complying with the county requirements are recoverable by a 20 monopoly water utility under section 367.081(4)(b), Florida 21 Statutes. 22 (4) This section is intended to supersede the 23 provisions of chapter 367, Florida Statutes, to the extent 24 that they are inconsistent with this section. 25 (5) This section shall take effect July 1, 2003, and 26 expires July 1, 2005. 27 Section 6. Except as otherwise expressly provided in 28 this act, this act shall take effect upon becoming a 29 30 31 4 10:41 AM 04/21/03 s0140c2c-11e0a
SENATE AMENDMENT Bill No. CS for CS for SB's 140, 998 & 1060 Amendment No. ___ Barcode 311458 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 2, line 2, delete that line 4 5 and insert: 6 applicability; providing for a pilot project 7 for Pasco County to facilitate county response 8 to certain consumer complaints; providing 9 legislative intent; allowing the chairman of 10 the board of county commissioners to establish 11 a monopoly water utility ad hoc committee for a 12 prescribed period; providing for the membership 13 and duties of the ad hoc committee; allowing 14 the county commission to adopt additional 15 technological standards to address issues 16 relating to black water; requiring that 17 utilities receive notice of the standards and 18 that they submit a compliance plan to the 19 county; prohibiting county commissions from 20 adopting standards that relate to the finances 21 of a monopoly water utility or that conflict 22 with specified standards imposed by other 23 regulatory bodies; providing procedures for 24 challenging standards adopted by the county; 25 providing for a monopoly water utility to 26 recover certain costs of compliance with the 27 county requirements; providing that this 28 section supersedes conflicting provisions of 29 ch. 367, F.S.; providing for future repeal; 30 providing an expiration date and effective 31 dates. 5 10:41 AM 04/21/03 s0140c2c-11e0a