FINAL BILL REPORT

SSB 5566

PARTIAL VETO

                              C 422 L 89

BYSenate Committee on Environment & Natural Resources (originally sponsored by Senators Metcalf, Owen and Talmadge; by request of Department of Social and Health Services)

Creating the safe drinking water act.

Senate Committee on Environment & Natural Resources

House Committe on Environmental Affairs

SYNOPSIS AS ENACTED

BACKGROUND:

The State Board of Health directs the Department of Social and Health Services (DSHS) Office of Environmental Health Programs to carry out the state's drinking water program, RCW 43.20.050, "in order to protect public health."

The state's drinking water program dates back to the early 1900s.  The department is launching a major legislative effort to update as well as more clearly define responsibilities between other state agencies and local health jurisdictions.

The federal Safe Drinking Water Act was passed in 1976, updated in 1986 covering water quality standards, sampling, treatment and public notification requirements.  Without appropriate administrative and enforcement authority, the state may lose its primary responsibility to implement the federal act.

The department has developed a four step enhancement strategy, covering four bienniums to bring the drinking water program into statutory, jurisdictional and staffing focus.  The plan is detailed in the department's report entitled "DSHS Drinking Water Program Overview."

SUMMARY:

The "Washington State Safe Drinking Water Act" updates, clarifies and broadens the State Board of Health (Board) and the Department of Social and Health Services' programs and authority.

The department shares the delegated authority to carry out the provisions of the federal Safe Drinking Water Act and to accept federal grants.

Rules and regulations cover standards for drinking water quality and public water supply system design.  Clarification and re-definition are given to the Board's authority for rules that indirectly protect public health including public water system planning, management, reporting and emergency response.

The department's primary enforcement authority is further defined as well as its enforcement relationship with other state and local health jurisdictions.  DSHS authority to enter agreements with local health districts is clarified.  The civil penalty process is simplified and improved.

A public water system serving fewer than five single family residences is exempt from provisions of this act.  The authority to declare a public health emergency is given to DSHS or the local health officer.

No rule or regulation adopted by the Department of Social and Health Services or the State Board of Health to come into compliance with the federal Safe Drinking Water Act shall be applicable to public water systems not covered by federal law unless the department or state health board determines that they are necessary to protect public health.

VOTES ON FINAL PASSAGE:

     Senate   44    1

     House 97  1 (House amended)

     Senate          (Senate refused to concur)

     House 96  1 (House receded)

EFFECTIVE:July 23, 1989

Partial Veto Summary:  Section 7 was vetoed since the department's enforcement and civil penalty procedures are included in the new Administrative Procedure Act (HB 1358) revisions.  The Board of Health's rule-making authority on drinking water systems in section 9 is similar to HB 1857, the new Public Water Systems Act, and is vetoed to avoid duplication.

Sections 10 and 11 that provide exemptions for water systems serving fewer than five families residences are vetoed to remain consistent with the one-family residence exemption provisions currently in statute.  In the Governor's veto message, he said the exemptions would leave over 4,000 small water systems without regulation and protection of public health.  (See VETO MESSAGE)