5773-S.E AMH NRP BYER 5 [5]

"NEW SECTION. Sec. 1. RCW 19.27.097 and 1991 sp.s. c 32 s 28 are each amended to read as follows:

(1) Each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building. Evidence may be in the form of a water right permit from the department of ecology, a letter from an approved water purveyor stating the ability to provide water, or another form sufficient to verify the existence of an adequate water supply. In addition to other authorities, the county or city ((~~may~~)) shall, after August 1, 1994, impose conditions on building permits requiring connection to an existing public water system where the existing system is ((~~willing and~~)) able to provide safe and reliable potable water to the applicant with reasonable economy and efficiency. The department of community development shall, in consultation with the department of health, with water purveyors and local governments, before August 1, 1994, develop criteria for determining what constitutes reasonable economy and efficiency. An application for a water right shall not be sufficient proof of an adequate water supply.

(2) Within counties not required or not choosing to plan pursuant to RCW 36.70A.040, the county and the state may mutually determine those areas in the county in which the requirements of subsection (1) of this section shall not apply. The departments of health and ecology shall coordinate on the implementation of this section. Should the county and the state fail to mutually determine those areas to be designated pursuant to this subsection, the county may petition the department of community development to mediate or, if necessary, make the determination.

(3) Buildings that do not need potable water facilities are exempt from the provisions of this section. The department of ecology, after consultation with local governments, may adopt rules to implement this section, which may recognize differences between high-growth and low-growth counties.

Sec. 2. RCW 43.20.050 and 1992 c 34 s 4 are each amended to read as follows:

(1) The state board of health shall provide a forum for the development of health policy in Washington state. It is authorized to recommend to the secretary means for obtaining appropriate citizen and professional involvement in all health policy formulation and other matters related to the powers and duties of the department. It is further empowered to hold hearings and explore ways to improve the health status of the citizenry.

(a) At least every five years, the state board shall convene regional forums to gather citizen input on health issues.

(b) Every two years, in coordination with the development of the state biennial budget, the state board shall prepare the state health report that outlines the health priorities of the ensuing biennium. The report shall:

(i) Consider the citizen input gathered at the health forums;

(ii) Be developed with the assistance of local health departments;

(iii) Be based on the best available information collected and reviewed according to RCW 43.70.050 and recommendations from the council;

(iv) Be developed with the input of state health care agencies. At least the following directors of state agencies shall provide timely recommendations to the state board on suggested health priorities for the ensuing biennium: The secretary of social and health services, the health care authority administrator, the insurance commissioner, the administrator of the basic health plan, the superintendent of public instruction, the director of labor and industries, the director of ecology, and the director of agriculture;

(v) Be used by state health care agency administrators in preparing proposed agency budgets and executive request legislation;

(vi) Be submitted by the state board to the governor by June 1 of each even-numbered year for adoption by the governor. The governor, no later than September 1 of that year, shall approve, modify, or disapprove the state health report.

(c) In fulfilling its responsibilities under this subsection, the state board shall create ad hoc committees or other such committees of limited duration as necessary. Membership should include legislators, providers, consumers, bioethicists, medical economics experts, legal experts, purchasers, and insurers, as necessary.

(2) In order to protect public health, the state board of health shall:

(a) Adopt rules necessary to assure safe and reliable public drinking water and to protect the public health. Such rules shall establish requirements regarding:

(i) The design and construction of public water system facilities, including proper sizing of pipes and storage for the number and type of customers;

(ii) Drinking water quality standards, monitoring requirements, and laboratory certification requirements;

(iii) Public water system management and reporting requirements;

(iv) Public water system planning and emergency response requirements;

(v) Public water system operation and maintenance requirements including a requirement that no public community water system established after January 1, 1994, within the boundaries of an urban growth area established under RCW 36.70A.110, be approved unless it is owned or operated by a satellite system management agency in accordance with the provisions set forth in RCW 70.116.134, and a requirement that no public community water system established after January 1, 1994, outside of the boundaries of an urban growth area be approved unless it is owned or operated by a satellite system management agency in accordance with the provisions set forth in RCW 70.116.134, where a satellite system is available;

(vi) Water quality, reliability, and management of existing but inadequate public water systems; and

(vii) Quality standards for the source or supply, or both source and supply, of water for bottled water plants.

(b) Adopt rules and standards for prevention, control, and abatement of health hazards and nuisances related to the disposal of wastes, solid and liquid, including but not limited to sewage, garbage, refuse, and other environmental contaminants; adopt standards and procedures governing the design, construction, and operation of sewage, garbage, refuse and other solid waste collection, treatment, and disposal facilities;

(c) Adopt rules controlling public health related to environmental conditions including but not limited to heating, lighting, ventilation, sanitary facilities, cleanliness and space in all types of public facilities including but not limited to food service establishments, schools, institutions, recreational facilities and transient accommodations and in places of work;

(d) Adopt rules for the imposition and use of isolation and quarantine;

(e) Adopt rules for the prevention and control of infectious and noninfectious diseases, including food and vector borne illness, and rules governing the receipt and conveyance of remains of deceased persons, and such other sanitary matters as admit of and may best be controlled by universal rule; and

(f) Adopt rules for accessing existing data bases for the purposes of performing health related research.

(3) The state board may delegate any of its rule-adopting authority to the secretary and rescind such delegated authority.

(4) All local boards of health, health authorities and officials, officers of state institutions, police officers, sheriffs, constables, and all other officers and employees of the state, or any county, city, or township thereof, shall enforce all rules adopted by the state board of health. In the event of failure or refusal on the part of any member of such boards or any other official or person mentioned in this section to so act, he shall be subject to a fine of not less than fifty dollars, upon first conviction, and not less than one hundred dollars upon second conviction.

(5) The state board may advise the secretary on health policy issues pertaining to the department of health and the state.

Sec. 3. RCW 90.44.050 and 1987 c 109 s 108 are each amended to read as follows:

(1) After June 6, 1945, no withdrawal of public ground waters of the state shall be begun, nor shall any well or other works for such withdrawal be constructed, unless an application to appropriate such waters has been made to the department and a permit has been granted by it as herein provided((: EXCEPT, HOWEVER, That any withdrawal of public ground waters for stock-watering purposes, or for the watering of a lawn or of a noncommercial garden not exceeding one-half acre in area, or for single or group domestic uses in an amount not exceeding five thousand gallons a day, or for an industrial purpose in an amount not exceeding five thousand gallons a day, is and shall be exempt from the provisions of this section, but, to the extent that it is regularly used beneficially, shall be entitled to a right equal to that established by a permit issued under the provisions of this chapter: PROVIDED, HOWEVER, That the department from time to time may require the person or agency making any such small withdrawal to furnish information as to the means for and the quantity of that withdrawal: PROVIDED, FURTHER, That at the option of the party making withdrawals of ground waters of the state not exceeding five thousand gallons per day, applications under this section or declarations under RCW 90.44.090 may be filed and permits and certificates obtained in the same manner and under the same requirements as is in this chapter provided in the case of withdrawals in excess of five thousand gallons a day)).

(2) Notwithstanding the requirement set forth in subsection (1) of this section, and subject to the provisions of subsection (3) of this section, a withdrawal of public ground waters in an amount not exceeding five thousand gallons per day for:

(a) Stockwatering purposes;

(b) The watering of a lawn or a noncommercial garden not exceeding one-half acre in area;

(d) An industrial purpose;

is and shall be exempt from the provisions of this section, but, to the extent it is regularly used beneficially and in conformance with all other applicable laws, is entitled to a right equal to that established under the provisions of this chapter.

(3) Upon consultation with the appropriate general and special purpose local governments, the department shall, by rule, designate those areas where the exemption set forth in subsection (2) of this section shall not be available. The department shall, in making its determination and adopting its rules, use as guidance and be consistent with, where applicable, the ground water management plans created under RCW 90.44.400, regional plans as developed under RCW 90.54.045, coordinated water system plans developed under chapter 70.116 RCW, land use and growth management plans developed under chapter 36.70A RCW, aquifer protection areas created under chapter 36.36 RCW and critical water supply areas designated under chapter 70.116 RCW. In selecting areas for designation under this subsection, the department and the local government shall consider the following: water availability; potential effects on existing water rights and environmental resources; public health; coordinated development and use of water resources; and population densities and availability of alternate water sources. The department shall consult with any federally recognized Indian tribes within the affected area.

(4) The department may require the person or entity making a withdrawal under this section to furnish information as to the means for and the quantity of that withdrawal.

(5) At the option of the person or entity making a withdrawal under this section, applications may be filed under RCW 90.44.090.