HOUSE BILL REPORT

SSB 6446

BYSenate Committee on Energy & Utilities (originally sponsored by Senators Benitz, Madsen, Patrick, Kreidler, Sutherland and Barr)

Revising provisions for public water systems.

House Committe on Energy & Utilities

Majority Report:  Do pass.  (13)

      Signed by Representatives Nelson, Chair; H. Myers, Vice Chair; Hankins, Ranking Republican Member; Bennett, Brooks, Cooper, Gallagher, Jacobsen, Jesernig, May, R. Meyers, Miller and S. Wilson.

House Staff:Fred Adair (786-7113)

Rereferred House Committee on Appropriations

Majority Report:  Do pass.  (24)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member; Belcher, Bowman, Brekke, Brough, Dorn, Ebersole, Ferguson, Hine, Inslee, May, McLean, Nealey, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

House Staff:      Fred Adair (786-7113) and Michelle Hauth (786-7384)

AS PASSED HOUSE MARCH 1, 1990

BACKGROUND:

As of the beginning of 1989, there were over 12,000 public water systems in Washington.  This figure is more than double the number that existed 10 years earlier.  Approximately 80 percent of these systems have fewer than 100 connections.  The rapid growth in the number of such small systems is occurring principally in the areas of the state that are rapidly urbanizing.

The regulatory responsibility for these systems is fragmented and overlapping.  State laws governing the quality and quantity of water to be supplied by such systems are to be enforced by both the Department of Health and local boards of health.  The Department of Health is responsible for enforcing federal regulations on water quality under the Safe Drinking Water Act.  The Utilities and Transportation Commission (UTC) regulates large, private water systems, those with more than 100 connections, or with average monthly customer revenue of $25.

Problems of inadequate water service are reported with increasing frequency by customers of small water systems.  Such problems are expected to increase in the future as small systems are required to implement costly measures to comply with recent changes in federal water quality laws.  There is sometimes confusion as to what government agency is responsible for insuring that the water system complies with the law.

SUMMARY:

The duties of the Secretary of Health are modified to include enforcement authority by agreement with local health officers or boards, and to explicitly provide for review and approval of public water system plans.  The Department of Health is designated as the primary state agency for receiving complaints from customers about the failure of their water system.  Each county designates a person to perform the same function at the county level; in the absence of such a designation, the county health officer does it.  Both the counties and the department are to devise procedures for handling such complaints.  The department and each county are required to take all reasonable steps to assist customers to obtain a dependable supply of water.

The department is required to develop a brochure or pamphlet by January 1, 1991, that outlines to consumers the relevant state laws on drinking water, the role of state and local agencies, the rights of customers, and where to address the most common complaints.

Water systems must provide the department the names, addresses, and phone numbers of owners, operators, and emergency contacts, and must provide a 24-hour emergency contact to customers.

Water companies regulated by the Utilities and Transportation Commission (UTC) are not permitted to furnish water contrary to department-approved plans.  UTC-regulated water companies are permitted to include in their rates the funding of a capital reserve account for making capital improvements necessary to comply with federal and state law, as approved by the department and the UTC.

Fiscal Note:      Available.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:    (Energy & Utilities) Senator Ken Madsen, prime sponsor; Bill Liechty, Department of Health; Lou Dooley, Director, Environmental Health, Pierce County; and George Walk, Pierce County.

(Appropriations) No one.

House Committee - Testified Against:      (Energy & Utilities) No one.

(Appropriations) No one.

House Committee - Testimony For:    (Energy & Utilities) Increasing U.S. Environmental Protection Agency health requirements are coming at the same time there is a growing number of small water systems not able to handle the new requirements.  Other difficulties are being experienced by small water systems.  Some systems have fire protection roles, requiring adequate pressure and flow rate - which is lacking in some cases.  This is the first of a series of bills this year and in the future to improve water systems reliability.

(Appropriations) None.

House Committee - Testimony Against:      (Energy & Utilities) None.

(Appropriations) None.