SENATE BILL REPORT

SB 5611

BYSenators Benitz, Madsen and Barr

Regulating public water systems.

Senate Committee on Energy & Utilities

Senate Hearing Date(s):February 16, 1989

Senate Staff:Paul Parker (786-7447)

AS OF FEBRUARY 15, 1989

BACKGROUND:

Inadequate water service delivery problems are reported with increasing frequency by customers of small water systems.  Rising treatment costs due to implementation of the federal Safe Drinking Water Act are expected to adversely impact small water systems and their customers.

Currently about 12,000 water systems -- most small, privately owned systems -- provide drinking water in the state.  The Department of Social and Health Services, in cooperation with local health boards, regulates these systems to assure a safe supply of drinking water.  The Utilities and Transportation Commission regulates large, private systems. Rising treatment costs due to implementation of the federal Safe Drinking Water Act are expected to affect small water systems the most.

SUMMARY:

Water system planning and regulation are revised to improve the coordination between and the accountability of the Department of Social and Health Services (DSHS), the Utilities and Transportation Commission (UTC) and local government agencies engaged in land use planning.  DSHS is established as the primary state agency to respond to water system problems.  Counties may contract with the UTC to assume its regulatory functions.  Counties and DSHS are to assist in providing drinking water to customers of a water system that refuses to make improvements to comply with health regulations.

An exemption from sales tax, a revision to condemnation statutes, and public works trust fund monies are made available to assist local government purchase and improvement of water systems not in compliance with Board of Health standards.  Receivership of water systems not in compliance with DSHS orders is encouraged.  A receiver shall act in the best interests of the customers.

DSHS is required to provide local authorities information about water system development.  Inspection is required during construction of water systems not owned or operated by local government agencies.  A bond or other guaranty is required to assure adequate funds for system improvements.

DSHS is authorized to implement the Safe Drinking Water Act. Authority to impose penalties for violation of DSHS or Board of Health regulations is strengthened and is amended to conform with the Administrative Procedure Act and departmental procedures.  A customer of a water system may bring suit against DSHS or a water purveyor to force compliance with DSHS and Board of Health requirements.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested

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