S-4531

AN ACT Relating to the prevention of infectious dental disease; amending RCW 70.119A.060; creating a new section; repealing RCW 57.08.012; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that dental disease is an infectious disease affecting children and adults. Tooth decay is, by far, the most common and costly oral health problem in all age groups. Yet, it is one of the most preventable diseases. It is one of the principle causes of tooth loss from early childhood through middle age. The legislature also finds that vulnerable populations with lower incomes suffer disproportionately from dental infections. Baby-bottle tooth decay is a severe type of early childhood decay that affects babies and toddlers from low-income populations. A state survey by the department of health found that baby-bottle decay was experienced by thirteen percent of children in Washington's head start and early childhood assistance programs. These dental infections cause extreme pain and discomfort as well as interfering with an individual's ability to eat and to function effectively, causing children to miss school and interfering with adults' job productivity.

The legislature finds that fluoride is a naturally occurring element present in all water, and that fluoridation is simply the adjustment of the fluoride levels to the optimal level for fighting tooth decay. Fluoridation is a common community health measure that benefits children and adults. Fluoride helps prevent dental infections and tooth decay. Community water fluoridation is the safest, most cost-effective, and most equitable method of reducing tooth decay in communities throughout the country and in Washington state. The legislature declares that this act is necessary to protect public health and safety.

Sec. 2. RCW 70.119A.060 and 1995 c 376 s 3 are each amended to read as follows:

(1) In order to assure safe and reliable public drinking water and to protect the public health, public water systems shall:

(a) Protect the water sources used for drinking water;

(b) Provide treatment adequate to assure that the public health is protected;

(d) Plan for future growth and assure the availability of safe and reliable drinking water;

(e) Provide the department with the current names, addresses, and telephone numbers of the owners, operators, and emergency contact persons for the system, including any changes to this information, and provide to users the name and twenty-four hour telephone number of an emergency contact person; and

(f) Take whatever investigative or corrective action is necessary to assure that a safe and reliable drinking water supply is continuously available to users.

(2) Wherever the content of public water supplies serving more than one thousand residential connections contains fluoride levels less than the amount recommended for decay prevention, the person, firm, corporation, or municipality having jurisdiction over the supply shall adjust the fluoride level of the water to the level recommended for optimal dental health. However, any city, county, public utility district, or water district and its water system are not required to make such adjustments upon the adoption of an ordinance or resolution called by a petition of twenty-five percent of the registered voters of the city, county, public utility district, or water district who voted in the last general election. No such ordinance or resolution may be adopted by a city, county, public utility district, or water district that receives or has contracted to receive its water supply or any part of its water supply from another political subdivision, or public or private entity, which adds fluoride to its water supply in compliance with this subsection or which has only fluoridated water to supply such political subdivision or private entity.

(3) The department of health shall adopt rules for the implementation of this act.

(4) No new public water system may be approved or created unless: (a) It is owned or operated by a satellite system management agency established under RCW 70.116.134 and the satellite system management system complies with financial viability requirements of the department; or (b) a satellite management system is not available and it is determined that the new system has sufficient management and financial resources to provide safe and reliable service. The approval of any new system that is not owned by a satellite system management agency shall be conditioned upon future management or ownership by a satellite system management agency, if such management or ownership can be made with reasonable economy and efficiency, or upon periodic review of the system's operational history to determine its ability to meet the department's financial viability and other operating requirements. The department and local health jurisdictions shall enforce this requirement under authority provided under this chapter, chapter 70.116, or 70.05 RCW, or other authority governing the approval of new water systems by the department or a local jurisdiction.

((~~(3)~~)) (5) The department and local health jurisdictions shall carry out the rules and regulations of the state board of health adopted pursuant to RCW 43.20.050(2)(a) and other rules adopted by the department relating to public water systems.

NEW SECTION. Sec. 3. RCW 57.08.012 (Fluoridation of water authorized) and 1988 c 11 s 2 are each repealed.

NEW SECTION. Sec. 4. 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.