HOUSE BILL REPORT

HB 1561

BYRepresentatives Braddock, Anderson, Haugen, Prentice and Wineberry;by request of Department of Social and Health Services

Creating the safe drinking water act.

House Committe on Health Care

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (11)

      Signed by Representatives Braddock, Chair; Day, Vice Chair; Brooks, Ranking Republican Member; Cantwell, Chandler, Morris, Prentice, D. Sommers, Sprenkle, Vekich and Wolfe.

House Staff:Bill Hagens (786-7131)

AS REPORTED BY COMMITTEE ON HEALTH CARE FEBRUARY 8, 1989.

BACKGROUND:

The federal safe drinking water act requires the Washington state or federal environmental protection agencies (EPA) to take primacy over drinking water protection.  The Governor has decided that the state should assume this role.  To do so, several laws need to be modified.

The State Board of Health currently has the power to adopt rules and regulations "in order to protect public health". This makes clear that rules may be adopted which directly affect water quality (e.g. rules establishing maximum allowable levels of contaminants). It is not absolutely clear the board has authority to adopt rules which indirectly protect public health (e.g. rules governing utility operation and long-range-planning). This bill clarifies the board's authority to adopt regulations which protect public health both directly and indirectly.

Enforcement of current regulations has been cumbersome. The full array of legal powers, including receivership and injunction, are necessary to assure safe drinking water.  This authority is only needed where there is an imminent threat to public health and safety. This bill is intended to supply the necessary authority.

Presently, a water or sewer district can decide to fluoridate the water supply without a vote from the people, some feel such decisions should be made through the election process.

SUMMARY:

SUBSTITUTE BILL:  Duties of public water are defined.  The State Board of Health is authorized to promulgate rules regarding: (a) design and construction of public water system facilities; (b) drinking water quality standards, monitoring requirements, and laboratory certification requirements; (c) Public water system management and reporting requirements; (d) public water system planning and emergency response requirements; (e) public water system operation requirements; and (f) means to improve the quality and reliability of existing inadequate public water systems.

The Department of Social and Health Services (DSHS) is authorized to enter into agreements with local governments to perform the duties of this act.

The State Board of Health is given authority to carry out appropriate sections of the Federal Safe Drinking Water Act; to enter into agreements with the Department of Ecology to carry out the same; and to accept federal grants.

The process for imposing a civil penalty and the process for appeal are simplified and brought into accord with the practices under 34.05 RCW.

The DSHS and local health boards may bring legal proceedings to enforce the rules promulgated under this act when there is an imminent threat to public health.

RCW 57.08.012 is amended to require water districts boards or commissioners to place on the ballot proposals for the fluoridation of the water supply.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Language is added to require a vote of the people to authorize fluoridation date of water within a water district.

Fiscal Note:      No Impact.

House Committee ‑ Testified For:    John Thayer, Washington State Environmental Health Directors; Eric Slagle, Department of Social and Health Services; John Kirner, Tacoma Public Utilities; and Bob Groncznack, Water Supply Advisory Committee.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill is needed to protect the water supply.

House Committee - Testimony Against:      None Presented.