[atlas:bill]

AN ACT Relating to coordinated water system plans; amending RCW 70.116.010, 70.116.020, 70.116.030, 70.116.050, 70.116.060, and 70.116.070; and adding new sections to chapter 70.116 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 70.116.010 and 1991 c 3 s 365 are each amended to read as follows:

The legislature hereby finds that:

(1) An adequate supply of potable water for domestic, commercial, and industrial use is vital to the health and well-being of the people of the state((.));

(2) Readily available water for use in public water systems is limited and should be developed and used efficiently with a minimum of loss or waste((.

~~In order to maximize efficient and effective development of the state's public water supply systems,~~));

(3) Water service purveyors who designate service area boundaries should be capable of or have planned for the provision of water service within their designated service areas; and

(4) Subject to capacity and certain limitations specified in RCW 70.116.070, water service purveyors who designate current service area boundaries are responsible to provide water service to residents within the designated current service area in a timely and reasonable manner.

The legislature therefore directs the department of health ((~~shall~~)) to assist water purveyors by providing a procedure to coordinate the planning of the public water supply systems to maximize efficient and effective development of the state's public water supply systems and to establish responsibilities for water service delivery among water service providers.

Sec. 2. RCW 70.116.020 and 1977 ex.s. c 142 s 2 are each amended to read as follows:

The purposes of this chapter are to:

(1) ((To)) Provide for the establishment of critical water supply service areas related to water utility planning and development;

(2) ((To)) Provide for the development of minimum planning and design standards for critical water supply service areas to insure that water systems developed in these areas are consistent with regional needs;

(3) ((To)) Provide for the identification and assumption of responsibilities for water service delivery within designated service area boundaries;

(4) Assist in the orderly and efficient administration of state financial assistance programs for public water systems; and

((~~(4) To~~)) (5) Assist public water systems to meet reasonable standards of quality, quantity and pressure.

Sec. 3. RCW 70.116.030 and 1991 c 3 s 366 are each amended to read as follows:

Unless the context clearly requires otherwise, the following terms when used in this chapter shall be defined as follows:

(1) "Coordinated water system plan" or "coordinated plan" means a plan for public water systems within a critical water supply service area ((which identifies the present and future needs of the systems and sets forth means for meeting those needs in the most efficient manner possible. Such a plan shall include provisions for subsequently updating the plan. In areas where more than one water system exists, a coordinated plan may consist of either: (a) A new plan developed for the area following its designation as a critical water supply service area; or (b) a compilation of compatible water system plans existing at the time of such designation and containing such supplementary provisions as are necessary to satisfy the requirements of this chapter. Any such coordinated plan must include provisions regarding: Future service area designations; assessment of the feasibility of shared source, transmission, and storage facilities; emergency inter-ties; design standards; and other concerns related to the construction and operation of the water system facilities)) that satisfies all the requirements of section 4 of this act.

(2) "Critical water supply service area" means a geographical area which is characterized by a proliferation of small, inadequate water systems, or by water supply problems which threaten the present or future water quality or reliability of service in such a manner that efficient and orderly development may best be achieved through coordinated planning by the water utilities in the area.

(3) "Public water system" means any system providing water intended for, or used for, human consumption or other domestic uses. It includes, but is not limited to, the source, treatment for purifying purposes only, storage, transmission, pumping, and distribution facilities where water is furnished to any community, or number of individuals, or is made available to the public for human consumption or domestic use, but excluding water systems serving one single family residence. However, systems existing on September 21, 1977 which are owner operated and serve less than ten single family residences or which serve only one industrial plant shall be excluded from this definition and the provisions of this chapter.

(4) "Purveyor" means any agency or subdivision of the state or any municipal corporation, firm, company, mutual or cooperative association, institution, partnership, or person or any other entity, that owns or operates for wholesale or retail service a public water system. It also means the authorized agents of any such entities.

(5) "Secretary" means the secretary of the department of health or the secretary's authorized representative.

(6) "Service area" means a specific geographical area ((~~serviced~~)) that a purveyor is currently servicing (a "current service area") or for which a purveyor has planned for future service ((~~is planned by a purveyor~~)) (a "future service area").

NEW SECTION. Sec. 4. A new section is added to chapter 70.116 RCW to read as follows:

(1) A coordinated plan must include provisions regarding all of the following:

(a) Current and future needs of the systems;

(b) Plans for meeting all current and future needs of the systems in the most efficient manner possible;

(d) Plans for meeting responsibilities for water service within the designated current service areas;

(e) Assessment of the feasibility of shared source, transmission, and storage facilities;

(f) Emergency inter-ties; design standards; and other concerns related to the construction and operation of the water system facilities; and

(g) Requirements and procedures for periodic updating of the coordinated plan.

(2) In areas where more than one water system exists, a coordinated plan may consist of either of the following:

(a) A new plan developed for the area following its designation as a critical water supply service area; or

(b) A compilation of compatible water system plans existing at the time of such designation and containing such supplementary provisions as are necessary to satisfy the requirements of this chapter.

Sec. 5. RCW 70.116.050 and 1995 c 376 s 7 are each amended to read as follows:

(1) Each purveyor within the boundaries of a critical water supply service area shall develop a water system plan for the purveyor's future service area if such a plan has not already been developed: PROVIDED, That nonmunicipally owned public water systems are exempt from the planning requirements of this chapter, except for the establishment of service area boundaries if they have no plans for water service beyond their existing service area: PROVIDED FURTHER, That if the county legislative authority permits a change in development that will increase the demand for water service of such a system beyond the existing system's ability to provide minimum water service, the purveyor shall develop a water system plan in accordance with this section. The establishment of future service area boundaries shall be in accordance with RCW 70.116.070.

(2) After the boundaries of a critical water supply service area have been established pursuant to RCW 70.116.040, the committee established in RCW 70.116.040 shall participate in the development of a coordinated water system plan for the designated area. Such a plan shall incorporate all water system plans developed pursuant to subsection (1) of this section. The plan shall provide for maximum integration and coordination of public water system facilities consistent with the protection and enhancement of the public health and well-being. Decisions of the committee shall be by majority vote of those present at meetings of the committee.

(3) Those portions of a critical water supply service area not yet served by a public water system shall have a coordinated water system plan developed by existing purveyors based upon permitted densities in county plans, ordinances, and/or growth policies for a minimum of five years beyond the date of establishment of the boundaries of the critical water supply service area.

(4) To insure that the plan incorporates the proper designs to protect public health, the secretary shall adopt regulations pursuant to chapter 34.05 RCW concerning the scope and content of coordinated water system plans, and shall ensure, as minimum requirements, that such plans:

(a) Are reviewed by the appropriate local governmental agency to insure that the plan is not inconsistent with the land use plans, shoreline master programs, and/or developmental policies of the general purpose local government or governments whose jurisdiction the water system plan affects.

(b) Recognize all water resource plans, water quality plans, and water pollution control plans which have been adopted by units of local, regional, and state government.

(d) Identify the future service area boundaries of the public water system or systems included in the plan within the critical water supply service area.

(e) Establish the purveyors' responsibility to provide water service within their designated current service areas in a timely and reasonable manner. A purveyor must include a schedule indicating when water service will be available to lands that are located outside the corporate boundaries of the purveyor but within the purveyor's designated current service area.

(f) Identify feasible emergency inter-ties between adjacent purveyors.

((~~(f)~~)) (g) Include satellite system management requirements consistent with RCW 70.116.134.

((~~(g)~~)) (h) Include policies and procedures that generally address failing water systems for which counties may become responsible under RCW 43.70.195.

(5) If a "water general plan" for a critical water supply service area or portion thereof has been prepared pursuant to chapter 36.94 RCW and such a plan meets the requirements of subsections (1) and (4) of this section, such a plan shall constitute the coordinated water system plan for the applicable geographical area.

(6) The committee established in RCW 70.116.040 may develop and utilize a mechanism for addressing disputes that arise in the development of the coordinated water system plan.

(7) Prior to the submission of a coordinated water system plan to the secretary for approval pursuant to RCW 70.116.060, the legislative authorities of the counties in which the critical water supply service area is located shall hold a public hearing thereon and shall determine the plan's consistency with subsection (4) of this section. If within sixty days of receipt of the plan, the legislative authorities find any segment of a proposed service area of a purveyor's plan or any segment of the coordinated water system plan to be inconsistent with any current land use plans, shoreline master programs, and/or developmental policies of the general purpose local government or governments whose jurisdiction the water system plan affects, the secretary shall not approve that portion of the plan until the inconsistency is resolved between the local government and the purveyor. If no comments have been received from the legislative authorities within sixty days of receipt of the plan, the secretary may consider the plan for approval.

(8) Any county legislative authority may adopt an abbreviated plan for the provision of water supplies within its boundaries that includes provisions for service area boundaries, minimum design criteria, and review process. The elements of the abbreviated plan shall conform to the criteria established by the department under subsection (4) of this section and shall otherwise be consistent with other adopted land use and resource plans. The county legislative authority may, in lieu of the committee required under RCW 70.116.040, and the procedures authorized in this section, utilize an advisory committee that is representative of the water utilities and local governments within its jurisdiction to assist in the preparation of the abbreviated plan, which may be adopted by resolution and submitted to the secretary for approval. Purveyors within the boundaries covered by the abbreviated plan need not develop a water system plan, except to the extent required by the secretary or state board of health under other authority. Any abbreviated plan adopted by a county legislative authority pursuant to this subsection shall be subject to the same provisions contained in RCW 70.116.060 for coordinated water system plans that are approved by the secretary.

Sec. 6. RCW 70.116.060 and 1995 c 376 s 2 are each amended to read as follows:

(1) A coordinated water system plan shall be submitted to the secretary for design approval within two years of the establishment of the boundaries of a critical water supply service area.

(2) The secretary shall review the coordinated water system plan and, to the extent the plan is consistent with the requirements of this chapter and regulations adopted hereunder, shall approve the plan, provided that the secretary shall not approve those portions of a coordinated water system plan that fail to meet the requirements for future service area boundaries until any boundary dispute is resolved as set forth in RCW 70.116.070.

(3) Following the approval of a coordinated water system plan by the secretary:

(a) All purveyors constructing or proposing to construct public water system facilities within the area covered by the plan shall comply with the plan.

(b) Purveyors shall serve their designated service areas and future areas according to the plan and no other purveyor shall establish a public water system within the area covered by the plan, unless the local legislative authority or the secretary, under (b)(ii) of this subsection, determines that existing purveyors are unable to provide the service in a timely and reasonable manner, pursuant to guidelines developed by the secretary. An existing purveyor is unable to provide the service in a timely manner if:

(i) The water cannot be provided to an applicant for water within one hundred twenty days unless specified otherwise by the local legislative authority. If such a determination is made, the local legislative authority shall require the new public water system to be constructed in accordance with the construction standards and specifications embodied in the coordinated water system plan approved for the area. The service area boundaries in the coordinated plan for the affected utilities shall be revised to reflect the decision of the local legislative authority; or

(ii) The secretary determines that service is not being provided in a timely and reasonable manner.

(4) The secretary may deny proposals to establish or to expand any public water system within a critical water supply service area for which there is not an approved coordinated water system plan at any time after two years of the establishment of the critical water supply service area((~~: PROVIDED, That~~)). However, service connections shall not be considered expansions.

(5) The affected legislative authorities may develop and utilize a mechanism for addressing disputes that arise in the implementation of the coordinated water system plan after the plan has been approved by the secretary.

(6) After adoption of the initial coordinated water system plan, the local legislative authority or the secretary may determine that the plan should be updated or revised. The legislative authority may initiate an update at any time, but the secretary may initiate an update no more frequently than once every five years. The update may encompass all or a portion of the plan, with the scope of the update to be determined by the secretary and the legislative authority. The process for the update shall be the one prescribed in RCW 70.116.050.

(7)(a) The provisions of subsection (3) of this section shall not apply in any county for which a coordinated water system plan has not been approved under subsection (2) of this section.

(b) If the secretary determines that an existing purveyor is unable, unwilling, or is failing to provide service in a timely and reasonable manner, the secretary may initiate an update or revision of the plan to allow another purveyor to provide service to the area.

(8) If the secretary initiates an update or revision of a coordinated water system plan, the state shall pay for the cost of updating or revising the plan.

Sec. 7. RCW 70.116.070 and 1995 c 376 s 13 are each amended to read as follows:

(1) The proposed current service area boundaries and any future service area boundaries of public water systems within the critical water supply service area that are required to submit water system plans under this chapter shall be identified in the system's plan. The local legislative authority, or its planning department or other designee, shall review the proposed boundaries to determine whether the proposed boundaries of one or more systems overlap. The boundaries determined by the local legislative authority not to overlap shall be incorporated into the coordinated water system plan. Where any overlap exists, the local legislative authority may attempt to resolve the conflict through procedures established under RCW 70.116.060(5).

(2) Any final decision by a local legislative authority regarding overlapping service areas, or any unresolved disputes regarding service area boundaries, may be appealed or referred to the secretary in writing for resolution. After receipt of an appeal or referral, the secretary shall hold a public hearing thereon. The secretary shall provide notice of the hearing by certified mail to each purveyor involved in the dispute, to each county legislative authority having jurisdiction in the area and to the public. The secretary shall provide public notice pursuant to the provisions of chapter 65.16 RCW. Such notice shall be given at least twenty days prior to the hearing. The hearing may be continued from time to time and, at the termination thereof, the secretary may restrict the expansion of service of any purveyor within the area if the secretary finds such restriction is necessary to provide the greatest protection of the public health and well-being.

NEW SECTION. Sec. 8. A new section is added to chapter 70.116 RCW to read as follows:

Regardless of the source of authority used by a purveyor for the operation of utility services, a purveyor of any water system must comply with the following:

(1) Purveyors of any water systems for which current service areas have been designated and incorporated into a coordinated water system plan pursuant to RCW 70.116.070 shall provide water service to property within the designated current service area subject to the provisions of this section.

(2) A purveyor may restrict or deny extensions of water service to property within the purveyor's service area based upon any of the following constraints:

(a) Unforeseen capacity constraints not addressed in the purveyor's comprehensive plan or the coordinated water system plan;

(b) Unforeseen financial inability to provide infrastructure necessary to serve the property not addressed in the purveyor's comprehensive plan or the coordinated water system plan;

(c) Water quality constraints which limit the purveyors' ability to provide water service to a property or properties within the purveyors' current service area;

(d) Local, state, or federal regulations restricting or prohibiting water service to a property or properties within the current service area; or

(e) Other restrictions upon the purveyor that make service delivery within the service area impossible or impracticable.

(3) Subject to the restrictions in subsection (2) of this section, no purveyor may refuse to serve property within its jurisdiction on the basis of existing or proposed land use if the land use existing or proposed on the property complies with the regulations of the jurisdiction in which the property is located or is a valid nonconforming use according to the regulations of the jurisdiction in which the property is located.

(4) The requirement to furnish water under this section is deemed to be met by a purveyor when:

(a) The purveyor allows property owners to connect to existing water lines located near the owners' property when the purveyor is already providing such a service to other property in the general vicinity; and

(b) The purveyor has filed a schedule under RCW 70.116.050 committing to a reasonable date when water service will be available to areas where there are no existing water lines, as well as areas where there are existing water lines but no property owners connected to these services.