23-00922T

BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT
NOTICE OF RULEMAKING FOR WATER UTILITIES, WATER POLICIES MANUAL, ERC CALCULATION TOOL AND WATER UTILITY RATES

The Governing Board (“Board”) of the Babcock Ranch Community Independent Special District (“District”) will hold a rulemaking hearing and a regular meeting at the following date, time and place:

Date and Time: September 28, 2023 at 1:00 p.m.
Place: The Hatchery
East Conference Room, Second Floor
42881 Lake Babcock Drive
Punta Gorda, Florida 33982

The public hearing will be a rulemaking hearing and will provide an opportunity for the public to address proposed rules that amend and supplement Babcock Ranch Water Utilities Policies Manual, ERC Calculation Tool and Potable Water, Wastewater and Irrigation Quality Water Rates and Fees Schedule (collectively, the “proposed rules”). The purpose and effect of the proposed rules is to provide for efficient and effective water utilities operations, and to provide sufficient revenues to meet expenses and provide services within the boundaries of the District related to water utilities. Prior notice of rule development and rulemaking for this rulemaking hearing was published in the Florida Administrative Register on August 28, 2023 and August 29, 2023, respectively. The proposed amendments to the District's existing water utility rates are as follows:

A. INITIAL FEES - CONNECTION FEES/AFPI, DEPOSIT FEES, TAP IN, ROAD PUSH

The below fees and rates are applicable to all Customers of the Utility at the time of an initial connection to the Utility System, depending on whether residential or non-residential.

Please consult the ERC Calculation Tool for an approximate ERC calculation. Final ERC calculation and meter sizing will be determined by the District.

Residential
Account Set Up Fee $45.00

Potable Water
Connection Fee/AFPI $2,761.39 (per calculated # of ERC)
Meter Installation Fee
¾ ” $532.37
1” $643.78
1½” $1,530.68
2” $1,700.64
Greater than 2” Actual Cost4
Customer Deposit $45.00
Tap In Fee (if service not currently available) $1,529.82
(or Actual Cost4, whichever is greater)
Road Push (if service not currently available at property line) $2,404.00
(or Actual Cost4, whichever is greater)

Private Fire Protection (if separate meter/connection)
Connection Fee/AFPI (based upon fire flow)
0-50 GPM $ 4,579.14
51-100 GPM $5,958.67
01-150 GPM $6,944.03
151-300 GPM $9,019.14
301-500 GPM $10,831.10
501-750 GPM $12,745.06
751-1000 GPM $14,206.90
001-1500 GPM $16,554.43
1501-3000 GPM $21,504.54
3001-4500 GPM $25,058.86
Meter Installation Fee

¾” $532.37
1” $643.78
1½” $1,530.68
2” $1,700.64
Greater than 2” Actual Cost4 3%
Customer Deposit $45.00
Tap In Fee (if service not currently available) $1,529.82
(or Actual Cost4, whichever is greater)
Road Push (if service not currently available at property line) $2,404.00
(or Actual Cos4, whichever is greater)

Wastewater
Connection Fee/AFPI $2,899.35 (per calculated # of ERC)
Customer Deposit $50.00
Tap In Fee (if service not currently available) $1,529.82
(or Actual Cost4, whichever is greater)
Road Push (if service not currently available at property line) $2,404.00
(or Actual Cost4, whichever is greater)

Irrigation Quality Water
Connection Fee/AFPI $2,182.91 (per connection, regardless of meter size)
Meter Installation Fee
¾” $532.37
1” $643.78
1½” $1,530.68
2” $1,700.64
Greater than 2” Actual Cost4 3%
Customer Deposit $40.00
Tap In Fee (if service not currently available) $1,529.82
(or Actual Cost4, whichever is greater)
Road Push (if service not currently available at property line) $2,404.00
(or Actual Cost4, whichever is greater)

Non-Residential

Account Set Up Fee $45.00

Potable Water
Connection Fee/AFPI $2,761.39 (per calculated # of ERC)
Meter Installation Fee

¾” $532.37
1” $643.78
1½” $1,530.68
2” $1,700.64
Greater than 2” Actual Cost4

Customer Deposit Two times estimated monthly charge
(not less than Residential Customer Deposit fee)
Tap In Fee (if service not currently available) $1,529.82
(or Actual Cost4, whichever is greater)
Road Push (if service not currently available at property line) $2,404.00
(or Actual Cost4, whichever is greater)

Private Fire Protection (if separate meter/connection)
Connection Fee/AFPI (based upon fire flow)
0-50 GPM $4,579.14
51-100 GPM $5,958.67
101-150 GPM $6,944.03
151-300 GPM $9,019.14
301-500 GPM $10,831.10
501-750 GPM $12,745.06
751-1000 GPM $14,206.90
1001-1500 GPM $16,554.43
1501-3000 GPM $21,504.54
3001-4500 GPM $25,058.86
Meter Installation Fee

¾” $532.37
1” $643.78
1½” $1,530.68
2” $1,700.64
Greater than 2” Actual Cost4 3%
Customer Deposit $45.00
Tap In Fee (if service not currently available) $1,529.82
(or Actual Cost4, whichever is greater)
Road Push (if service not currently available at property line) $2,404.00
(or Actual Cost4, whichever is greater)
Wastewater
Connection Fee/AFPI $2,899.35 (per calculated # of ERC)
Customer Deposit Two times estimated monthly charge
(not less than Residential Customer Deposit fee)
Tap In Fee (if service not currently available) $1,529.82
(or Actual Cost4, whichever is greater)
Road Push (if service not currently available at property line) $2,404.00
(or Actual Cost4, whichever is greater)

Irrigation Quality Water

Connection Fee/AFPI $2,182.91 (per connection, regardless of meter size)
Meter Installation Fee

¾” $532.37
1” $643.78
1½” $1,530.68
2” $1,700.64
Greater than 2” Actual Cost4
Customer Deposit Two times estimated monthly charge
(not less than Residential Customer Deposit fee)
Tap In Fee (if service not currently available) $1,529.82
(or Actual Cost4, whichever is greater)
Road Push (if service not currently available at property line) $2,404.00
(or Actual Cost4, whichever is greater)

Master Meter Irrigation Quality Water Service

Account Set Up Fee $45.00

Irrigation Quality Water

Connection Fee/AFPI $2,182.91 (per calculated # of ERC)
Meter Installation Fee
¾” $532.37
1” $643.78
1½” $1,530.68
2” $1,700.64
Greater than 2” Actual Cost4
Customer Deposit Two times estimated monthly charge
(not less than Residential Customer Deposit fee)
Tap In Fee (if service not currently available) $1,529.82
(or Actual Cost4, whichever is greater)
Road Push (if service not currently available at property line)
$2,404.00 (or Actual Cost4, whichever is greater)

B. MONTHLY USE AND COMMODITY FEES - WATER, WASTEWATER AND IRRIGATION

Residential - Applicable to single-family Customers or multi-family Customers which are individually metered.

Potable Water
Monthly Base Facility Charge (based upon meter size)
¾” $29.71
1” $74.27
1½” $148.54
2” $237.66
Over 2” $29.71 (per calculated # of ERC)
Commodity Charge (per 1000 gallons)
0 to 5,999 gallons $5.89
6,000 gallons and above $8.60

Temporary Water Service (<2”) $337.65 Deposit plus
Actual Cost4 plus
Monthly Base Facility Charge Fee plus Commodity Charge
Private Fire Protection Service1 Monthly
Base Facility Charge
2” or less $19.81
3” $39.60
4” $61.90
6” $123.80
8” $198.08
Commodity Charge (per 1000 gallons) $5.89

Wastewater
Monthly Base Facility Charge $34.76 (all meters)
Commodity Charge $6.17 (per 1,000 gallons, to max 10,000 gallons)

Temporary Wastewater Service $354.54 Deposit plus
Actual Cost4 plus
Monthly Base Facility Charge Fee plus Commodity Charge
Irrigation Quality Water2
Monthly Base Facility Charge (all meters) $9.55
Commodity Charge (per 1000 gallons) $2.86

Temporary Irrigation Service (<2”) $327.82 Deposit plus
Actual Cost4 plus
Monthly Base Facility Charge Fee plus Commodity Charge

Multi-Family Residential - Applicable to multi-family Customers as defined in the Babcock Ranch Water Utilities Policies Manual.

Account Set Up Fee $45.00

Potable Water
Monthly Base Facility Charge (per calculated # of ERC) $29.71
Commodity Charge (per 1,000 gallons)
0 to 6,000 gallons $5.89
6,001 gallons and above $8.60

Temporary Water Service (<2”) $337.65 Deposit plus
Actual Cost4 plus
Monthly Base Facility Charge Fee plus Commodity Charge

Private Fire Protection Service Monthly Base Charge
2” or less $19.81
3” $39.60
4” $61.90
6” $123.80
8” $198.08
Commodity Charge (per 1000 gallons) $5.89

Wastewater
Monthly Base Facility Charge (per unit in building) $34.76
Commodity Charge $6.17
(per 1,000 gallons to max. 10,0000 gallons per unit in the building)

Temporary Wastewater Service (<2”) $354.54 Deposit plus
Actual Cost4 plus
Monthly Base Facility Charge Fee plus Commodity Charge

Irrigation Quality Water2
Monthly Base Facility Charge (per meter) $9.55
Commodity Charge (per 1000 gallons) $2.86

Temporary Irrigation Service (<2”) $337.65 Deposit plus
Actual Cost4 plus
Monthly Base Facility Charge Fee plus Commodity Charge

Non-Residential - Applicable to non-residential commercial, industrial, office, civic, or other Customers for which no other rate schedule applies. Tiered rates are based on total gallons used.

Potable Water
Monthly Base Facility Charge
¾” $29.71
1” $74.27
1½” $148.54
2” $237.66
Over 2” $29.71 (per calculated # of ERC)
Commodity Charge (per 1,000 gallons)
0 to 6,000 gallons $5.89
6,001 gallons to 20,000 $8.60
20,001 and above $11.53

Temporary Water Service (Potable or Irrigation Quality) (<2”) $337.65 Deposit plus Actual Cost4 plus
Monthly Base Facility Charge Fee plus Commodity Charge
Private Fire Protection Service Monthly Base Charge
2” or less $19.81
3” $39.60
4” $61.90
6” $123.80
8” $198.08
Commodity Charge (per 1000 gallons) $5.89

Wastewater
Monthly Base Facility Charge $34.76 (all meters)
Commodity Charge (per 1000 gallons ) $7.40

Temporary Wastewater Service (<2”) $354.54 Deposit plus
Actual Cost4 plus
Monthly Base Facility Charge Fee plus Commodity Charge
Irrigation Quality Water2
Monthly Base Facility Charge (all meters) $9.55
Commodity Charge (per 1000 gallons) $2.86
IQ on a Bulk Basis (Golf Course Only, per 1000 gallons) $0.66

Temporary Irrigation Service (<2”) $327.82 Deposit plus
Actual Cost4 plus
Monthly Base Facility Charge Fee plus Commodity Charge

Raw Water
Monthly Base Facility Charge $24.37
Commodity Charge (per 1000 gallons) $3.14

Master Meter Irrigation Quality (IQ) Water Service - Applicable to Single-Family Residential Customers, Multi-Family Residential Customers, and other non-residential Customers.

Irrigation Quality Water2
Monthly Base Facility Charge ( per calculated # of ERC) $9.55
Commodity Charge (per 1000 gallons) $2.86

C. MISCELLANEOUS FEES

Violation of District policies may lead to discontinuation of Utility Service, assessment of fees and fines, as well as inspection charges and fees to reconnect services once the violation has been resolved. Any work performed between 3:00PM and 8:00AM shall be considered after normal working hours.

Disconnection of Services
Normal disconnect working hours $35.57
Normal disconnect after working hours $71.13
Due to Violation $71.13 plus violation fine
Premise Visit in Lieu of disconnection $34.54
during normal working hours
$69.06 after normal working hours
Reconnection of Services
Normal reconnect during working hours $53.35
Normal reconnect after working hours $65.21
Due to Violation $71.13 plus violation fine

Service Relocation Fees Actual Cost4
Trip Charge (per visit) $48.83
Late Payment (up to $133 past due) $2.18
Late Payment (greater than $133 past due) 1.50%
Returned Checks5 $26.52
(Face Value does not exceed $50.00)
$31.83
(Face Value is more than $50.00, but does not exceed $300.00)
$42.44
(Face Value more than $300)
Customer Account Transfer Fee $28.14
Unauthorized Water Use Fee $56.28 per violation per day
Unauthorized Tampering3
Single-Family $295.00 per violation
Multi-Family $575.00 per violation
Non-residential $1,150.00 per violation
Fire suppression, hydrant, fire line $575.00 per violation

Construction and Inspection Fee (Developer)7 $550.00
(or 1% of Construction Cost, whichever is greater)
Re-Inspection Fee $570.00
Plan Review Fee $820.00
(or 1% of Construction Cost, whichever is greater)
Development Project Admin Fee $275.00
(or 1% of Construction Cost, whichever is greater)
Copy of Check Fee $5.75
Document Recording Fee $11.50 first page,
$9.75 each additional page
Fire Flow Test $175.00
Request for Third Party Meter Testing (up to 1 ½”) $80.00
Request for Third Party Meter Test Testing (2” and above) Actual Cost4
Request for Field Meter Testing (up to 1 ½”) $36.75
Request for Field Meter Test Testing (2” and above) Actual Cost4
Backflow Prevention- Device Repair and/or Certification Actual Cost4
Cross-Connection Actual Cost4
Service Policy Related Fees $40.00 per visit
Non-Compliant Irrigation System Fine $57.56 to $172.67
per day as determined by District
Non-Compliant Industrial Discharge Fine $57.56 to $172.67 per day as determined by District

Grease Trap Inspections Actual Cost4
Grease Trap Violations (within 10-year period)
(1st Occurrence) $235.00 + Actual Cost4
(2nd Occurrence) $465.00 + Actual Cost4
(3rd Occurrence) $685.00 + Actual Cost4
(4th Occurrence) Service Disconnection
Lien Search Request Fee $55.00
Utility Relocations Fee Actual Cost4
Traffic Bearing Meter Box Actual Cost4
Televising Sewer Laterals $2.25 per Linear Foot + Equipment Fee
Private Lift Station/Grinder Station Inspection and
Routine Preventative Maintenance $250.00 per month per Lift Station
Private Lift Station/Grinder Station Corrective Maintenance Actual Cost4
The District reserves the right to impose additional fees for the following to the extent not covered above, including cost for rental of any equipment not otherwise listed in the Tariff, plus a 10% markup.

Labor Classification Regular Working Hours After Working Hours

Unskilled Laborer per hour $72.12 $108.17
Plant / System Operator (Class A) per hour $90.16 $132.22
Plant / System Operator (Class B) per hour $84.14 $126.20
Plant / System Operator (Class C) per hour $78.13 $117.19
Skilled Maintenance per hour $78.13 $117.19
Foreman per hour $84.14 $126.20
Manager per hour $126.20 $138.23
Electrician per hour $84.14 $126.20
Inspector per hour $75.86 $113.78
Controls Technician per hour $90.16 $135.23
Administrative per hour $70.02 $105.03
Equipment Type Regular Working Hours After Working Hours
Backhoe with Operator per hour $150.25 N/A
Loader with Operator per hour $150.25 N/A
Track-hoe with Operator per hour $210.35 N/A
Dump Truck with Operator per hour $120.20 N/A
Utility Vehicle with Operator per hour $78.13 N/A
Flat Bed Truck with Operator per hour $103.18 N/A

Portable Pump (4” trash) per hour $42.06 N/A
Generator (35-45 kw) per hour $48.08 N/A
Vactor Truck with One Operator per hour $373.89 N/A
TV Truck with Operator per hour $240.41 N/A

D. INDUSTRIAL DISCHARGE AND APPROVAL FEES

Industrial Wastewater Discharge Approval
Application Fee $88.93
Transfer Fee $86.33

Industrial Wastewater Discharge Approval Annual Fees
Flow Rate (per gpd) Minor Significant
Up to 1,999 $118.56 $266.76
2,000 to 4,999 $207.48 $444.61
5,000 to 9,999 $296.41 $503.88
10,000 to 24,999 $385.32 $681.73
25,000 to 49,999 N/A $741.00
50,000 to 99,999 N/A $918.85
Over 100,000 N/A $978.13

High Strength Industrial Wastewater Surcharge
Minimum Monthly Charge $18.38
Biochemical Oxygen Demand (BOD) $0.1822 (per pound)
Concentration in excess of 400 mg/L

Total Suspended Solids (TSS) $0.1728 (per pound)
Concentration in excess of 400 mg/L

Oil and Grease (O&G) concentration
In excess of 50 mg/L $0.1315 (per pound)

Chemical Oxygen Demand (COD) in $0.1814 (per pound)
Excess of 2 times BOD and greater than 800 mg/L

Waste Hauler Charges6
Annual Fee per Hauler $237.13
Waste Disposal Fee (normal hours - per 1000 gallons) $65.21
Waste Disposal Fee (after hours - per 1000 gallons) $160.06
Mixed Load Fee (per 1000 gallons) $41.49
Violations Process Charge (per appeal) $115.98
Remediation (handling fee plus Actual Cost4) $237.13

A. NOTES
1. Automatic Cost Escalation. In the absence of Board action, the District's rates, fees and charges shall be automatically increased without further action five percent (5%) per year. Upon application of this automatic cost escalation provision, the District Manager shall submit to the District Board of Supervisors a report detailing the amount of the escalation and the new rates as revised. The Rate Schedule shall be adjusted pursuant to this section as required.

2. Utility Cost Pass-Through. The District's rates, fees and charges shall be automatically increased without further action of the Board based upon the implementation of a rate increase to the District Utility System by any utility which provides service to the District, or upon implementation or increase of any taxes levied by a governmental authority against the District, or upon an increase of costs incurred for water quality, wastewater or irrigation quality water quality testing required by the Department of Environmental Protection, or other unfunded mandates imposed by a controlling governmental agency. Upon application of this cost pass-through provision, the District Manager shall submit to the Board of Supervisors a report detailing the amount of the escalation and the new rates as revised. The Rate Schedule shall be adjusted pursuant to this section as required.

3. Water Use Restriction Surcharge. Commodity charges may be adjusted from time to time temporarily by up to twenty five percent (25%) to reflect a water use restriction surcharge rate adjustment that may be implemented in response to and for the duration of general water use restrictions imposed by the South Florida Water Management District (SFWMD).

4. Prorations. Base Facility Charges will be pro-rated for any partial month of service.

FOOTNOTES FOR ABOVE RATES:

1 In the event that a new single-family Customer requests a meter up-sizing to support a fire sprinkler system for a residence, then the Customer will be required to pay for the cost of the meter to be installed. The Customer will be required to pay Base Facility Charges based on the size of meter installed. The Customer must also install a reduced pressure backflow prevention device on the fire sprinkler line. The backflow prevention device shall be registered with the District. The Customer will be required to perform annual inspections of the backflow prevention device and provide certified inspection reports to the Utility.

If a Customer has only a single meter that also provides Private Fire Protection Service, then potable water charges apply, subject to the meter size as detailed in the prior paragraph. If a Customer has a separate meter for the Private Fire Protection Service, Customer will pay according to both meters, i.e. a monthly potable water facility charge and a monthly Private Fire Protection Service facility charge.

2 Customers shall not have private irrigation wells nor utilize lake/pond water for irrigation purposes.

3 Tampering includes unauthorized connections or disconnections to potable water, wastewater, or irrigation water lines/services, and removal of wastewater cleanout caps for the purpose of draining rainwater or disposal of any other substances.

4 Actual Cost= Labor + Material (+10% markup) + Cost for Rental of any Equipment Not Otherwise Listed in the Tariff (+10% markup) + professional time incurred on behalf of Babcock Ranch Water Utilities or its Lessor or Operator.

5 All returned checks subject to service charge not to exceed the service fees authorized under Florida Statutes 832.08(5) or an amount of up to five percent (5%) of the face amount of the check, whichever is greater.

6 Waste refers to bio-solids, wastewater treatment plant effluent disposal, septage and bio-diesel. References to gallonage refers to “per 1,000 gallons of truck capacity”.

7 Applicable for non-phased projects. For projects with more than one phase, all additional phases are charged at Actual Cost4.

Specific legal authority for the rules includes Chapter 120, Florida Statutes, and Chapter 2007-306, Laws of Florida, as amended. Any person who wishes to provide the District with a proposal for a lower cost regulatory alternative as provided by section 120.541(1), Florida Statutes, must do so in writing within twenty-one (21) days after publication of this notice.

A Board meeting of the District will also be held where the Board may consider any other District business that may come before the Board. The public hearing and meeting are open to the public and will be conducted in accordance with the provisions of Florida law. The meeting and public hearing may be continued to a date, time, and place to be specified on the record at the hearing. If anyone chooses to appeal any decision of the Board with respect to any matter considered at the meeting and public hearing, such person will need a record of the proceedings and should accordingly ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which such appeal is to be based. At the hearing, one or more Supervisors may participate in the public hearing by telephone. Any person requiring special accommodations at the hearing because of a disability or physical impairment should contact the District Office at (561) 571-0010 at least 48 hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770, for aid in contacting the District Office. A copy of the proposed rules may be obtained by contacting the District Manager, Craig Wrathell, at 2300 Glades Road, Suite 410W, Boca Raton, Florida 33431, (561) 571-0010, or by visiting the District's website at the following address: http://www.babcockranchliving.com/153/Independent-Special-District.

Craig Wrathell, District Manager

September 15, 2023 23-00922T

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