(a) The commission may require the owner or operator of a public drinking water supply system that was constructed without the approval required by § 341.035, that has a history of noncompliance with this subchapter or commission rules, or that is subject to a commission enforcement action to:
(1) provide the executive director of the commission with a business plan that demonstrates that the system has available the financial, managerial, and technical resources adequate to ensure future operation of the system in accordance with applicable laws and rules; and
(2) provide adequate financial assurance of the ability to operate the system in accordance with applicable laws and rules in the form of a bond or as specified by the commission.
(b) If the commission relies on rate increases or customer surcharges as the form of financial assurance, such funds shall be deposited in an escrow account and released only with the approval of the commission.