AN
ACT Relating to regulation of public water systems; amending RCW 70.119.030,
70.119A.115, 70.119A.170, and 43.84.092; creating a new section; and declaring
an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds and declares that:
(1)
The provision of safe and reliable water supplies to the people of the state of
Washington is fundamental to ensuring public health and continuing economic
vitality of this state.
(2)
The department of health, pursuant to legislative directive in 1995, has
provided a report that incorporates the findings and recommendations of the
water supply advisory committee as to progress in meeting the objectives of the
public health improvement plan, changes warranted by the recent congressional
action reauthorizing the federal safe drinking water act, and new approaches to
providing services under the general principles of regulatory reform.
(3)
The environmental protection agency has recently completed a national
assessment of public water system capital needs, which has identified over four
billion dollars in such needs in the state of Washington.
(4)
The changes to the safe drinking water act offer the opportunity for the
increased ability of the state to tailor federal requirements and programs to
meet the conditions and objectives within this state.
(5)
The department of health and local governments should be provided with adequate
authority, flexibility, and resources to be able to implement the principles
and recommendations adopted by the water supply advisory committee.
(6)
Statutory changes are necessary to eliminate ambiguity or conflicting
authorities, provide additional information and tools to consumers and the
public, and make necessary changes to be consistent with federal law.
(7)
A basic element to the protection of the public's health from waterborne
disease outbreaks is systematic and comprehensive monitoring of water supplies
for all contaminants, including hazardous substances with long-term health
effects, and routine field visits to water systems for technical assistance and
evaluation.
(8)
The water systems of this state should have prompt and full access to the newly
created federal state revolving fund program to help meet their financial needs
and to achieve and maintain the technical, managerial, and financial capacity
necessary for long-term compliance with state and federal regulations. This
requires authority for streamlined program administration and the provision of
the necessary state funds required to match the available federal funds.
(9)
Stable, predictable, and adequate funding is essential to a state-wide drinking
water program that meets state public health objectives and provides the
necessary state resources to utilize the new flexibility, opportunities, and
programs under the safe drinking water act.
Sec.
2. RCW
70.119.030 and 1995 c 376 s 6 are each amended to read as follows:
(1)
A public water system shall have a certified operator if:
(a)
It is a group A water system; or
(b)
It is a public water system using a surface water source or a ground water
source under the direct influence of surface water.
(2)
The certified operators shall be in charge of the technical direction of a
water system's operation, or an operating shift of such a system, or a major
segment of a system necessary for monitoring or improving the quality of
water. The operator shall be certified as provided in RCW 70.119.050.
(3)
A certified operator may provide required services to more than one system or
to a group of systems. The amount of time that a certified operator shall be
required to be present at any given system shall be based upon the time
required to properly operate and maintain the public water system as designed
and constructed in accordance with RCW 43.20.050. The employing or appointing
officials shall designate the position or positions requiring mandatory
certification within their individual systems and shall assure that such
certified operators are responsible for the system's technical operation.
(4)
The department shall, in establishing by rule or otherwise the requirements for
public water systems with fewer than one hundred connections, phase in such
requirements in order to assure that (a) an adequate number of certified
operators are available to serve the additional systems, (b) the systems have
adequate notice and time to plan for securing the services of a certified
operator, (c) the department has the additional data and other administrative
capacity, (d) adequate training is available to certify additional operators as
necessary, and (e) any additional requirements under federal law are
satisfied. The department shall require certified operators for all Group A
systems as necessary to conform to federal law or implementing rules or
guidelines. Unless necessary to conform to federal law, rules, or guidelines,
the department shall not require a certified operator for a system with
fewer than one hundred connections unless that system is determined by the
department to be in significant noncompliance with operational,
monitoring, or water quality standards ((which)) that would put
the public health at risk, as defined by the department by rule, or has, or is
required to have, water treatment facilities other than simple disinfection.
(5)
Any examination required by the department as a prerequisite for the issuance
of a certificate under this chapter shall be offered in each region where the
department has a regional office.
(6)
Operators not required to be certified by this chapter are encouraged to become
certified on a voluntary basis.
Sec.
3. RCW
70.119A.115 and 1994 c 252 s 3 are each amended to read as follows:
The
department shall develop and implement a voluntary consolidated source
monitoring program sufficient to accurately characterize the source
water quality of the state's drinking water supplies and to maximize the
flexibility allowed in the federal safe drinking water act to allow public
water systems to be waived from full testing requirements for organic and
inorganic chemicals under the federal safe drinking water act. The department
shall ((pay)) arrange for the initial sampling and provide for
testing and programmatic costs ((for the area-wide waiver program)) to
the extent that the legislature provides funding for this purpose in water
system operating permit fees or through specific appropriation of funds from
other sources. The department shall assess a fee using its authority under
RCW 43.20B.020, sufficient to cover all testing and directly related costs to
public water systems that ((apply for an area-wide waiver)) otherwise
are not funded. The department shall adjust the amount of the fee based on
the size of the public drinking water system. Fees charged by the department for
this purpose may not vary by more than a factor of ten. The department
shall, to the ((maximum)) extent ((possible)) feasible and
cost-effective, use the services of local governments, local health
departments, and private laboratories to implement the ((area-wide))
testing program. The department shall consult with the departments of
agriculture and ecology for the purpose of exchanging water quality and other
information.
Sec.
4. RCW
70.119A.170 and 1995 c 376 s 10 are each amended to read as follows:
(1)
A drinking water assistance account is created in the state treasury. Such
subaccounts as are necessary to carry out the purposes of this chapter are
permitted to be established within the account. The purpose of the account
is to allow the state to ((take advantage of)) use any federal
funds that become available ((for safe drinking water)) to states
from congress to fund a state revolving loan fund program as part of the
reauthorization of the federal safe drinking water act. Expenditures from
the account may only be made by the secretary ((or)), the public
works board, or the department of community, trade, and economic
development, after appropriation. Moneys in the account may only be used,
consistent with federal law, to assist water systems to provide safe
drinking water through a program administered through the department of health
((and)), the public works board, and the department of
community, trade, and economic development and for other activities authorized
under federal law. Money may be placed in the account from the proceeds of
bonds when authorized by the legislature, transfers from other state funds or
accounts, federal capitalization grants or other financial assistance, all
repayments of moneys borrowed from the account, all interest payments made by
borrowers from the account or otherwise earned on the account, or any other
lawful source. ((Expenditures from the account may only be made by the
secretary or the public works board after appropriation.)) All interest
earned on moneys deposited in the account, including repayments, shall remain
in the account and may be used for any eligible purpose. Moneys in the
account may only be used to assist local governments and water systems to
provide safe and reliable drinking water, for other services and assistance
authorized by federal law to be funded from these federal funds, and to
administer the program.
(2)
The department and the public works board shall establish and maintain a
program to use the moneys in the drinking water assistance account as provided
by the federal government under the safe drinking water act. The department
and the public works board, in consultation with purveyors, local governments,
local health jurisdictions, financial institutions, commercial construction
interests, other state agencies, and other affected and interested parties,
shall by January 1, 1999, adopt final joint rules and requirements for the
provision of financial assistance to public water systems as authorized under
federal law. Prior to the effective date of the final rules, the department
and the public works board may establish and utilize guidelines for the sole
purpose of ensuring the timely procurement of financial assistance from the
federal government under the safe drinking water act, but such guidelines shall
be converted to rules by January 1, 1999. The department and the public works
board shall make every reasonable effort to ensure the state's receipt and
disbursement of federal funds to eligible public water systems as quickly as
possible after the federal government has made them available. By December 15,
1997, the department and the public works board shall provide a report to the
appropriate committees of the legislature reflecting the input from the
affected interests and parties on the status of the program. The report shall
include significant issues and concerns, the status of rulemaking and
guidelines, and a plan for the adoption of final rules.
(3)
If the department, public works board, or any other department, agency, board,
or commission of state government participates in providing service under this
section, the administering entity shall endeavor to provide cost-effective and
timely services. Mechanisms to provide cost-effective and timely services
include: (a) Adopting federal guidelines by reference into administrative
rules; (b) using existing management mechanisms rather than creating new
administrative structures; (c) investigating the use of service contracts,
either with other governmental entities or with nongovernmental service
providers; (d) the use of joint or combined financial assistance applications;
and (e) any other method or practice designed to streamline and expedite the
delivery of services and financial assistance.
(4)
The department shall have the authority to establish assistance priorities and
carry out oversight and related activities, other than financial
administration, with respect to assistance provided with federal funds. The
department, the public works board, and the department of community, trade, and
economic development shall jointly develop, with the assistance of water
purveyors and other affected and interested parties, a memorandum of
understanding setting forth responsibilities and duties for each of the
parties. The memorandum of understanding at a minimum, shall include:
(a)
Responsibility for developing guidelines for providing assistance to public
water systems and related oversight prioritization and oversight
responsibilities including requirements for prioritization of loans or other
financial assistance to public water systems;
(b)
Department submittal of preapplication information to the public works board
for review and comment;
(c)
Department submittal of a prioritized list of projects to the public works
board for determination of:
(i)
Financial capability of the applicant; and
(ii)
Readiness to proceed, or the ability of the applicant to promptly commence the
project;
(d)
A process for determining consistency with existing water resource planning and
management, including coordinated water supply plans, regional water resource
plans, and comprehensive plans under the growth management act, chapter 36.70A
RCW;
(e)
A determination of:
(i)
Least-cost solutions, including consolidation and restructuring of small
systems, where appropriate, into more economical units;
(ii)
The provision of regional facilities;
(iii)
Projects and activities that facilitate compliance with the federal safe
drinking water act; and
(iv)
Projects and activities that are intended to achieve the public health
objectives of federal and state drinking water laws;
(f)
Implementation of water conservation and other demand management measures
consistent with state guidelines for water utilities;
(g)
Assistance for the necessary planning and engineering to assure that
consistency, coordination, and proper professional review are incorporated into
projects or activities proposed for funding;
(h)
Minimum standards for water system capacity, financial viability, and water
system planning;
(i)
Testing and evaluation of the water quality of the state's public water system
to assure that priority for financial assistance is provided to systems and
areas with threats to public health from contaminated supplies and reduce in
appropriate cases the substantial increases in costs and rates that customers
of small systems would otherwise incur under the monitoring and testing
requirements of the federal safe drinking water act;
(j)
Coordination, to the maximum extent possible, with other state programs that
provide financial assistance to public water systems and state programs that
address existing or potential water quality or drinking contamination problems;
(k)
Definitions of "affordability" and "disadvantaged
community" that are consistent with these and similar terms in use by
other state or federal assistance programs;
(l)
Criteria for the financial assistance program for public water systems, which
shall include, but are not limited to:
(i)
Determining projects addressing the most serious risk to human health;
(ii)
Determining the capacity of the system to effectively manage its resources,
including meeting state financial viability criteria; and
(iii)
Determining the relative benefit to the community served; and
(m)
Ensure that each agency fulfills the audit, accounting, and reporting
requirements under federal law for its portion of the administration of this
program.
(5)
The department and the public works board shall begin the process to disburse funds
no later than October 1, 1997, and shall adopt such rules as are necessary
under chapter 34.05 RCW to administer the program by January 1, 1999.
Sec.
5. RCW
43.84.092 and 1996 c 262 s 4 are each amended to read as follows:
(1)
All earnings of investments of surplus balances in the state treasury shall be
deposited to the treasury income account, which account is hereby established
in the state treasury.
(2)
The treasury income account shall be utilized to pay or receive funds
associated with federal programs as required by the federal cash management
improvement act of 1990. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for refunds or
allocations of interest earnings required by the cash management improvement
act. Refunds of interest to the federal treasury required under the cash
management improvement act fall under RCW 43.88.180 and shall not require
appropriation. The office of financial management shall determine the amounts
due to or from the federal government pursuant to the cash management
improvement act. The office of financial management may direct transfers of
funds between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or allocations
shall occur prior to the distributions of earnings set forth in subsection (4)
of this section.
(3)
Except for the provisions of RCW 43.84.160, the treasury income account may be
utilized for the payment of purchased banking services on behalf of treasury
funds including, but not limited to, depository, safekeeping, and disbursement
functions for the state treasury and affected state agencies. The treasury
income account is subject in all respects to chapter 43.88 RCW, but no
appropriation is required for payments to financial institutions. Payments
shall occur prior to distribution of earnings set forth in subsection (4) of
this section.
(4)
Monthly, the state treasurer shall distribute the earnings credited to the
treasury income account. The state treasurer shall credit the general fund
with all the earnings credited to the treasury income account except:
(a)
The following accounts and funds shall receive their proportionate share of
earnings based upon each account's and fund's average daily balance for the
period: The capitol building construction account, the Cedar River channel
construction and operation account, the Central Washington University capital
projects account, the charitable, educational, penal and reformatory
institutions account, the common school construction fund, the county criminal
justice assistance account, the county sales and use tax equalization account,
the data processing building construction account, the deferred compensation
administrative account, the deferred compensation principal account, the
department of retirement systems expense account, the drinking water
assistance account, the Eastern Washington University capital projects
account, the education construction fund, the emergency reserve fund, the
federal forest revolving account, the health services account, the public
health services account, the health system capacity account, the personal
health services account, the highway infrastructure account, the industrial
insurance premium refund account, the judges' retirement account, the judicial
retirement administrative account, the judicial retirement principal account,
the local leasehold excise tax account, the local real estate excise tax
account, the local sales and use tax account, the medical aid account, the
mobile home park relocation fund, the municipal criminal justice assistance
account, the municipal sales and use tax equalization account, the natural
resources deposit account, the perpetual surveillance and maintenance account,
the public employees' retirement system plan I account, the public employees'
retirement system plan II account, the Puyallup tribal settlement account, the
resource management cost account, the site closure account, the special
wildlife account, the state employees' insurance account, the state employees'
insurance reserve account, the state investment board expense account, the
state investment board commingled trust fund accounts, the supplemental pension
account, the teachers' retirement system plan I account, the teachers'
retirement system plan II account, the transportation infrastructure account,
the tuition recovery trust fund, the University of Washington bond retirement
fund, the University of Washington building account, the volunteer fire
fighters' relief and pension principal account, the volunteer fire fighters'
relief and pension administrative account, the Washington judicial retirement
system account, the Washington law enforcement officers' and fire fighters'
system plan I retirement account, the Washington law enforcement officers' and
fire fighters' system plan II retirement account, the Washington state patrol
retirement account, the Washington State University building account, the
Washington State University bond retirement fund, the water pollution control
revolving fund, and the Western Washington University capital projects
account. Earnings derived from investing balances of the agricultural permanent
fund, the normal school permanent fund, the permanent common school fund, the
scientific permanent fund, and the state university permanent fund shall be
allocated to their respective beneficiary accounts. All earnings to be
distributed under this subsection (4)(a) shall first be reduced by the
allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(b)
The following accounts and funds shall receive eighty percent of their
proportionate share of earnings based upon each account's or fund's average
daily balance for the period: The aeronautics account, the aircraft search and
rescue account, the central Puget Sound public transportation account, the city
hardship assistance account, the county arterial preservation account, the department
of licensing services account, the economic development account, the essential
rail assistance account, the essential rail banking account, the ferry bond
retirement fund, the gasohol exemption holding account, the grade crossing
protective fund, the high capacity transportation account, the highway bond
retirement fund, the highway construction stabilization account, the highway
safety account, the marine operating fund, the motor vehicle fund, the
motorcycle safety education account, the pilotage account, the public
transportation systems account, the Puget Sound capital construction account,
the Puget Sound ferry operations account, the recreational vehicle account, the
rural arterial trust account, the safety and education account, the small city account,
the special category C account, the state patrol highway account, the transfer
relief account, the transportation capital facilities account, the
transportation equipment fund, the transportation fund, the transportation
improvement account, the transportation revolving loan account, and the urban
arterial trust account.
(5)
In conformance with Article II, section 37 of the state Constitution, no
treasury accounts or funds shall be allocated earnings without the specific
affirmative directive of this section.
NEW SECTION. Sec. 6. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect immediately.
