BILL REQ. #:  H-3114.3 

Read first time 01/21/14.   Referred to Committee on Public Safety.

     AN ACT Relating to addressing water system vulnerabilities to hazards such as terrorism and natural disasters; amending RCW 42.56.330; and adding new sections to chapter 70.119A RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 70.119A RCW to read as follows:
     The legislature finds that the preparedness of public water systems in the event of natural or human-caused disasters will be vital to the well-being of state residents. Many of the state's water systems have already taken initial steps to assess their susceptibility to terrorist attacks. However, the state's high risk of earthquakes and other natural disasters makes it prudent to adopt a more comprehensive and sustained approach to addressing water system vulnerabilities. The recent impact of a major chemical spill on water supplies in West Virginia serves as a stark reminder of the potential susceptibility of many of our own water systems to one ill-fated event. Therefore, it is the intent of the legislature to improve the planning of water systems to ensure their preparedness to face adverse events. It is further the intent of the legislature to allow the department to share pertinent information about water systems' natural and human-caused disaster preparedness with the capital budget committee and other appropriate committees of the legislature, in order to allow the state to make wise allocation and prioritization decisions about investments in water system preparedness and infrastructure improvements.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.119A RCW to read as follows:
     (1) Every group A public water system with more than three thousand three hundred service connections and, at the discretion of the department, other water systems not planning under the small water system management program shall develop and submit to the department a hazard mitigation plan.
     (a) The hazard mitigation plan must identify water system operational and infrastructure vulnerabilities to natural disasters, terrorist attacks, and other intentional acts that would threaten the public water system's ability to safely and reliably provide water to its customers.
     (b) The hazard mitigation plan must include a prioritized schedule of improvements that the public water system will undertake to mitigate the threats identified in the hazard mitigation plan.
     (c) To the extent practicable, the development and submission of the hazard mitigation plan must be harmonized and coordinated with the water system planning requirements established pursuant to RCW 43.20.050(2)(a)(iv). An initial hazard mitigation plan must be submitted to the department by January 1, 2018, in conjunction with the submission of water system plans.
     (2) Water systems required to develop hazard mitigation plans under subsection (1) of this section must periodically submit an update to the department regarding the system's progress towards making the improvements identified in the hazard mitigation plan. The update must be submitted to the department no later than one year after the development and each update of a water system plan under the rules developed pursuant to RCW 43.20.050.
     (3) The hazard mitigation plan, reports filed pursuant to subsection (2) of this section, and other related records that identify public water system vulnerabilities are exempt from public disclosure under chapter 42.56 RCW.
     (4) The department may adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this section.

Sec. 3   RCW 42.56.330 and 2012 c 68 s 4 are each amended to read as follows:
     The following information relating to public utilities, public water systems, and transportation is exempt from disclosure under this chapter:
     (1) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095;
     (2) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order;
     (3) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service; however, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides;
     (4) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons;
     (5) The personally identifying information of persons who acquire and use transit passes or other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose personally identifying information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media for the purpose of preventing fraud, or to the news media when reporting on public transportation or public safety. As used in this subsection, "personally identifying information" includes acquisition or use information pertaining to a specific, individual transit pass or fare payment media.
     (a) Information regarding the acquisition or use of transit passes or fare payment media may be disclosed in aggregate form if the data does not contain any personally identifying information.
     (b) Personally identifying information may be released to law enforcement agencies if the request is accompanied by a court order;
     (6) Any information obtained by governmental agencies that is collected by the use of a motor carrier intelligent transportation system or any comparable information equipment attached to a truck, tractor, or trailer; however, the information may be given to other governmental agencies or the owners of the truck, tractor, or trailer from which the information is obtained. As used in this subsection, "motor carrier" has the same definition as provided in RCW 81.80.010;
     (7) The personally identifying information of persons who acquire and use transponders or other technology to facilitate payment of tolls. This information may be disclosed in aggregate form as long as the data does not contain any personally identifying information. For these purposes aggregate data may include the census tract of the account holder as long as any individual personally identifying information is not released. Personally identifying information may be released to law enforcement agencies only for toll enforcement purposes. Personally identifying information may be released to law enforcement agencies for other purposes only if the request is accompanied by a court order; ((and))
     (8) The personally identifying information of persons who acquire and use a driver's license or identicard that includes a radio frequency identification chip or similar technology to facilitate border crossing. This information may be disclosed in aggregate form as long as the data does not contain any personally identifying information. Personally identifying information may be released to law enforcement agencies only for United States customs and border protection enforcement purposes. Personally identifying information may be released to law enforcement agencies for other purposes only if the request is accompanied by a court order; and
     (9) Hazard mitigation plans and related reports filed with the department of health by a public water system.