Bill Summary – FastDemocracy

HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 773 Sanitary Sewer Laterals
SPONSOR(S): Local Administration & Veterans Affairs Subcommittee, McClure and others
TIED BILLS:       IDEN./SIM. BILLS: SB 1058
    REFERENCE                                                        ACTION                   ANALYST              STAFF DIRECTOR or
                                                                                                                   BUDGET/POLICY CHIEF
    1) Environment, Agriculture & Flooding                           15 Y, 0 N                Melkun               Moore
       Subcommittee
    2) Local Administration & Veterans Affairs                       15 Y, 0 N, As CS         Miller               Miller
       Subcommittee
    3) State Affairs Committee
                                                         SUMMARY ANALYSIS
A sanitary sewer lateral is the portion of the sewer network connecting individual private properties to the
public sewer system. Sanitary sewer laterals are often in poor condition, and defects can occur due to aging
systems, structural failure, lack of maintenance, or poor construction and design practices. Defects in sanitary
sewer laterals can have a significant impact on the performance of the sewer system and treatment plan.
Cracked or broken laterals can allow groundwater and infiltrating rainwater to enter into the sewer system,
which, at high levels, can cause problems at the treatment facility or overload the sewers and cause sanitary
sewer overflows.
In 2020, the Legislature passed House Bill 1091, which encouraged each county and municipality to establish
an evaluation and rehabilitation program for sanitary sewer laterals on residential and commercial properties
within the county’s or municipality’s jurisdiction to identify and reduce extraneous flow from leaking sanitary
sewer laterals.
The bill authorizes each county or municipality that has established an evaluation and rehabilitation program to
develop detailed specifications and standards for repairing or replacing any leaking, damaged, deteriorated, or
clogged laterals on such properties. The bill requires such specifications and standards to accord with industry
standards for such work and provides guidance as to the specific standards the local governments may
consult.
If specifications and standards have been developed, beginning July 1, 2023, the bill authorizes a county or
municipality to access residential or commercial properties to clean, repair, recondition, or replace the sanitary
sewer laterals and to reestablish a sealed sanitary sewer system as originally designed for the safe and proper
transfer and conveyance of sewage from the property to the wastewater treatment plant.
The bill specifies that before a county or municipality accesses a residential or commercial property, it must
notify the property owner by mail at least 14 days before the start of the project of the county's or municipality’s
intent to access the property to clean, repair, recondition, or replace the sanitary sewer lateral.
The bill may have an indeterminate negative fiscal impact on local governments.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0773c.LAV
DATE: 4/1/2021
                                                        FULL ANALYSIS
                                                I. SUBSTANTIVE ANALYSIS
    A. EFFECT OF PROPOSED CHANGES:
         Background
         Sanitary Sewer Laterals
         A sanitary sewer lateral is the portion of the sewer network connecting individual private properties to
         the public sewer system.1 Sanitary sewer laterals are often in poor condition, and defects can occur
         due to aging systems, structural failure, lack of maintenance, or poor construction and design
         practices.2 Defects in sanitary sewer laterals can have a significant impact on the performance of the
         sewer system and treatment plan. Private laterals are estimated to contribute to about 40 percent of a
         system’s infiltration and inflow to sanitary sewers.3 Cracked or broken laterals can allow groundwater
         and infiltrating rainwater to enter into the sewer system, which, at high levels, can cause problems at
         the treatment facility or overload the sewers and cause sanitary sewer overflows.4
         The Florida Building Code requires every building in which plumbing fixtures are installed to be
         connected to a publicly owned or investor-owned sewage system, when available, or an approved
         onsite sewage treatment and disposal system.5 A building that has plumbing fixtures installed and is
         intended for human habitation, occupancy, or use on premises abutting a street, alley, or easement in
         which there is a public sewer is required to have a separate connection to the sewer.6
         Currently, state law does not specify who is responsible for maintaining or replacing defective sanitary
         sewer laterals. However, certain municipalities, through city ordinances, require property owners to be
         responsible for the maintenance, operation, or repair of sanitary sewer laterals.7
         Evaluation and Rehabilitation Program
         In 2020, the Legislature passed House Bill 1091, which encouraged each county and municipality to
         establish an evaluation and rehabilitation program for sanitary sewer laterals on residential and
         commercial properties within the county’s or municipality’s jurisdiction to identify and reduce extraneous
         flow from leaking sanitary sewer laterals.8
         The programs, at a minimum, are authorized to establish a system to identify defective, damaged, or
         deteriorated sanitary sewer laterals; consider economical methods for a property owner to repair or
         replace a defective, damaged, or deteriorated sanitary sewer lateral; and establish and maintain a
         publicly accessible database to store information concerning properties where a defective, damaged, or
         deteriorated sanitary sewer lateral has been identified.9
         Effect of the Bill
         The bill authorizes each county or municipality that has established an evaluation and rehabilitation
         program for sanitary sewer laterals on residential and commercial properties within the county's or
         municipality’s jurisdiction to develop detailed specifications and standards for repairing or replacing any
         leaking, damaged, deteriorated, or clogged laterals on such properties. The bill requires the
1
  United States Environmental Protection Agency (EPA), Private Sewer Laterals (June 2014), available at
https://www3.epa.gov/region1/sso/pdfs/PrivateSewerLaterals.pdf (last visited Mar. 1, 2021).
2
  Id. at 1-2.
3
  Id. at 2.
4
  Id. at 4.
5
  Florida Building Code – Plumbing, 6th edition (July 2017) ch. 7, s. 701.2.
6
  Florida Building Code – Plumbing, 6th edition (July 2017) ch. 7, s. 701.3.
7
  Ch. 30.02, s. 4.2(k), City of Orlando Code of Ordinances; Chapter 20, article IX, s. 20-110(d), City of Tarpon Springs Code of
Ordinances.
8
  Chapter 2020-158, Laws of Fla.; ss. 125.569 and 166.0481, F.S.
9
  Sections 125.569(2) and 166.0481(2), F.S.
STORAGE NAME: h0773c.LAV                                                                                                      PAGE: 2
DATE: 4/1/2021
       specifications and standards to accord with industry standards for such work and provides guidance as
       to the specific standards the local governments may consult.
       If specifications and standards have been developed, beginning July 1, 2023, the bill authorizes a
       county or municipality to access residential or commercial properties to clean, repair, recondition, or
       replace the sanitary sewer laterals and to reestablish a sealed sanitary sewer system as originally
       designed for the safe and proper transfer and conveyance of sewage from the property to the
       wastewater treatment plant.
       The bill specifies that before a county or municipality accesses a residential or commercial property, it
       must notify the property owner by mail at least 14 days before the start of the project of the county's or
       municipality’s intent to access the property to clean, repair, recondition, or replace the sanitary sewer
       lateral. The notice must:
            Provide a proposed timeline and plan for the completion of the sanitary sewer lateral project.
            Provide an estimate of the start and completion dates.
            Inform the property owner that the owner will be completely indemnified and held harmless in
                the process and will assume no liability or responsibility for accidents or problems that may
                occur during the project.
            State that the county or municipality, by way of the contractor procured to perform the work, will
                restore the property to the prework condition or better and must incur any and all costs
                associated with the sanitary sewer lateral project.
   B. SECTION DIRECTORY:
       Section 1.     Amends s. 125.569, F.S., to authorize counties to develop standards for repairing or
                      replacing sanitary sewer laterals.
       Section 2.     Amends s. 166.0481, F.S., to authorize municipalities to develop standards for repairing
                      or replacing sanitary sewer laterals.
       Section 3.     Provides an effective date of July 1, 2021.
                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
   A. FISCAL IMPACT ON STATE GOVERNMENT:
       1. Revenues:
           None.
       2. Expenditures:
           None.
   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
       1. Revenues:
           None.
       2. Expenditures:
           The bill may have an indeterminate negative fiscal impact on counties and municipalities that
           choose to implement a sanitary sewer lateral program associated with the costs of repairing
           sanitary sewer laterals, providing notice to property owners, and any damages that may occur
           during the repair.
STORAGE NAME: h0773c.LAV                                                                                   PAGE: 3
DATE: 4/1/2021
   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill may have an indeterminate positive fiscal impact on private contractors in counties and
       municipalities that choose to implement sanitary sewer lateral repairs associated with increased project
       procurement.
   D. FISCAL COMMENTS:
       None.
                                                III. COMMENTS
   A. CONSTITUTIONAL ISSUES:
       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
          raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.
       2. Other:
          None.
   B. RULE-MAKING AUTHORITY:
       The bill neither authorizes nor requires administrative rulemaking by executive branch agencies.
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.
                           IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
   On April 1, 2021, the Local Administration & Veterans Affairs Subcommittee adopted one amendment and
   reported the bill favorably as a committee substitute. The amendment added the requirement for the
   specifications and standards adopted by a county or a municipality to accord with industry standards for
   such activity and provided guidance as to the standards local governments may consult when adopting
   their own specifications and standards.
   This analysis is drafted to the committee substitute as approved by the Local Administration & Veterans
   Affairs Subcommittee.
STORAGE NAME: h0773c.LAV                                                                                   PAGE: 4
DATE: 4/1/2021