FINAL BILL REPORT

SHB 1857

                                  C 207 L 89

BYHouse Committee on Energy & Utilities (originally sponsored by Representatives Rasmussen, Miller, Nelson, Hankins and Fraser)

Regulating public water systems.

House Committe on Energy & Utilities

Senate Committee on Energy & Utilities

SYNOPSIS AS ENACTED

BACKGROUND:

The State Board of Health is responsible for regulating domestic water supply.  The board is directed to adopt standards and procedures for the design, construction, and operation of water supply systems for domestic use.

The Utilities and Transportation Commission has regulatory authority over any person or entity operating a water system for hire.  Water systems include those systems supplying water for power, irrigation, reclamation, manufacturing, municipal, or domestic purposes.  The commission's authority does not extend to any system serving fewer than 100 customers if the annual gross revenue per customer does not exceed a specified level that may be adjusted by the commission to account for inflation.

The commission may initiate a complaint on its own motion or on motion of any other person alleging that a regulated utility is violating the law or a rule of the commission.  The complaint must be served on the utility and a time set for a hearing on the complaint.  If the commission determines that the purity, volume or pressure of water does not meet the appropriate standards, the commission may order a water utility to correct the problem.  The commission may also order a utility to correct any rules, regulations, measurements, practices, acts, or services that it determines are inadequate.

Any utility subject to regulation by the commission may appeal a commission order.  The court may stay the commission's order if the utility shows that great or irreparable damage will result if the order is not stayed pending judicial review.

SUMMARY:

The authority of the State Board of Health to regulate domestic water service is modified.  The board is required to adopt rules to assure safe and reliable drinking water.  The rules must include standards for the design and construction of water systems, water quality, reporting requirements, planning and emergency response requirements, and the management of existing but inadequate water systems.

If the Department of Social and Health Services has issued an order finding a water company to be in violation of Board of Health standards, the Utilities and Transportation Commission must either audit a water company or issue a complaint against the water company.

If the commission finds that the quality of water supplied by a water company is inadequate, it shall order corrective measures.  Failure of a company to comply with Board of Health regulations is prima facie evidence that the water supply is insufficient.  In ordering improvements, the commission must consult with the Department of Social and Health Services.  If a company fails to comply with the commission's order, the commission may request the Department to place the company in receivership.

The commission may enter into an agreement with a county to have the county exercise the commission's regulatory authority over water companies located in the county.

A water company that appeals a commission order must be in compliance with the Board of Health water quality standards in order to obtain a stay of the commission's order during judicial review.

VOTES ON FINAL PASSAGE:

      House 98   0

      Senate    45     0

EFFECTIVE:July 23, 1989