SENATE BILL REPORT

SB 6446

BYSenators Benitz, Madsen, Patrick, Kreidler, Sutherland and Barr

Revising provisions for public water systems.

Senate Committee on Energy & Utilities

Senate Hearing Date(s):January 19, 1990; January 23, 1990

Majority Report:  That Substitute Senate Bill No. 6446 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Benitz, Chairman; Metcalf, Nelson, Owen, Patrick, Stratton, Sutherland, Williams.

Senate Staff:David Monthie (786-7198)

                  January 23, 1990

AS REPORTED BY COMMITTEE ON ENERGY & UTILITIES, JANUARY 23, 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 ten 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 regulates large, private water systems (those with more than 100 connections, or with average monthly customer revenue of $25.00).

Inadequate water service delivery problems 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 comply 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 is to designate 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 assure customers of a reasonable 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 are required to be designed by a professional engineer, or a person certified by the state, except small or simple systems exempted by the Board of Health.  Water systems must provide the department the names, addresses, and phone numbers of owners, operators, and emergency contacts, and must provide an emergency contact to customers.

Water companies regulated by the UTC are not permitted to furnish water contrary to department-approved plans.  UTC-regulated water companies are permitted to include in their rates the costs of normal maintenance, including improvements necessary to comply with federal and state law.

Local governments must within two years have a program to inspect new water systems, or expansion or modification of existing ones, to insure that they conform to approved design.  This responsibility may be contracted with DSHS.  The department is to adopt within one year a fee schedule for such inspections to recover the costs.

EFFECT OF PROPOSED SUBSTITUTE:

The requirement that water systems be designed by professional engineers or certified designers is deleted.  The requirement for inspection of new construction of water systems is deleted.  The provisions permitting UTC-regulated water companies to maintain capital reserve accounts are revised.  Other minor technical changes are made for clarification.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 12, 1990

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

Senate Committee - Testified: Eric Slagle, Bill Liechty, Department of Health (pro); John Kirner, Washington Water Utilities Council (pro); Rhys Sterling, attorney; Stanford Olsen, Investor-Owned Water Utilities Association (pro); Cliff Webster, Architects and Engineers Legislative Council (con)