BILL REQ. #:  H-1476.1 

     AN ACT Relating to public water systems; and amending RCW 70.116.020, 70.116.030, 70.116.040, 70.116.050, and 70.116.060.

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

Sec. 1   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:
     (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)) ensure that water systems developed in these areas are consistent with regional needs relating to the provision of a safe and reliable drinking water supply;
     (3) To provide that coordinated water system plans and resulting individual water system plans are consistent with the requirements of comprehensive plans or development regulations adopted under chapter 36.70A RCW, or other applicable land use plans, or development regulations adopted by a city, town, or county determined by the secretary to be reasonably related to the provision of a safe and reliable drinking water supply pursuant to the secretary's authority under RCW 43.20.050 and consistent with rules adopted by the department under RCW 43.20.260;
     (4) To assist in the orderly and efficient administration of state financial assistance programs for public water systems; ((and
     (4))) (5) To assist public water systems to meet reasonable standards of quality, quantity and pressure; and
     (6) To coordinate the administration of this chapter in a manner consistent with RCW 43.20.260 and implementing rules.

Sec. 2   RCW 70.116.030 and 1991 c 3 s 366 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise((, the following terms when used in this chapter shall be defined as follows:)).
     (1) "Coordinated water system plan" means a plan for public water systems within a critical water supply service area which identifies the present and future drinking water 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; water use efficiencies; and other concerns determined by the secretary to be reasonably related to the construction and operation of the water ((system)) facilities and the provision of a safe, reliable drinking water supply pursuant to the secretary's authority under RCW 43.20.050 and consistent with rules adopted by the department under RCW 43.20.260.
     (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) "Department" means the department of health.
     (4) "Future service area" means a specific area a public water system plans to provide water service that fall outside the boundaries of a purveyor's retail service area described within a water system plan, but within the area claimed for water service in a written agreement between purveyors under RCW 70.116.050.
     (5) "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))) (6) "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))) (7) "Secretary" means the secretary of the department of health or the secretary's authorized representative.
     (((6))) (8) "Service area" means a specific geographical area serviced or for which service is planned by a purveyor.
     (9) "Water resource plans" or "resource plans" means plans that have been developed and adopted by units of local, regional, and state governments under chapter 90.44, 90.48, or 90.82 RCW.

Sec. 3   RCW 70.116.040 and 1977 ex.s. c 142 s 4 are each amended to read as follows:
     (1)(a) The secretary and the appropriate local planning agencies and purveyors((,)) shall study geographical areas where drinking water supply problems related to uncoordinated planning, inadequate water quality, or unreliable service appear to exist. If the local planning agencies and purveyors agree by majority vote that the results of the study clearly indicate that such water supply problems do exist, the secretary or the county legislative authority shall designate the area involved as being a critical water supply service area, consult with the appropriate local planning agencies and purveyors, and appoint a committee of not less than three representatives therefrom solely for the purpose of establishing the proposed external boundaries of the critical water supply service area. The committee shall include a representative from each purveyor serving more than fifty customers, the county legislative authority, county planning agency, and health agencies. Such proposed boundaries shall be established within six months of the appointment of the committee.
     (b) During the six month period following the establishment of the proposed external boundaries of the critical water supply services areas, the county legislative authority shall conduct public hearings on the proposed boundaries and shall modify or ratify the proposed boundaries in accordance with the findings of the public hearings. The boundaries shall reflect the existing land usage, and permitted densities in county plans, ordinances, ((and/or)) and growth policies determined by the secretary to be reasonably related to the provision of a safe and reliable drinking water supply and consistent with rules adopted by the department under RCW 43.20.260. If the proposed boundaries are not modified during the six month period, the proposed boundaries shall be automatically ratified and be the critical water supply service area.
     (c) After establishment of the external boundaries of the critical water supply service area, no new public water systems may be approved within the boundary area unless an existing water purveyor is unable to provide water service.
     (2) At the time a critical water supply service area is established or amended, the external boundaries for such area shall not include any fractional part of a purveyor's existing contiguous service area.
     (3) The external boundaries of the critical water supply service area may be amended in accordance with procedures prescribed in subsection (1) of this section for the establishment of the critical water supply service areas when such amendment is necessary to accomplish the purposes of this chapter.

Sec. 4   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)) that identifies the purveyor's retail service area in accordance with RCW 43.20.260 and its 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)) purveyors located within the boundaries of the proposed critical water supply service area.
     (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 that are determined by the secretary to be reasonably related to the provision of a safe and reliable drinking water supply and consistent with rules adopted by the department under RCW 43.20.260, for a minimum of five years beyond the date of establishment of the boundaries of the critical water supply service area.
     (4) To ((insure)) ensure that the plan incorporates the proper designs to protect public health, the secretary shall adopt ((regulations)) rules 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)) ensure that the plan is not inconsistent with the ((land use plans,)) shoreline master programs((, and/or)) and the requirements of land use plans and developmental policies, which the secretary has determined are reasonably related to the provision of a safe and reliable drinking water supply and consistent with rules adopted by the department under RCW 43.20.260 of the general purpose local government or governments whose jurisdiction the water system plan affects. Except as specifically provided in this section, the authority of a local government in relation to other statutory and regulatory authority is neither expanded or reduced by this chapter.
     (b) Recognize all water resource plans, water quality plans, and water pollution control plans which have been prepared under chapter 90.44, 90.48, or 90.82 RCW and adopted by units of local, regional, and state government.
     (c) Incorporate the fire protection standards developed pursuant to RCW 70.116.080.
     (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) Identify feasible emergency inter-ties between adjacent purveyors.
     (f) Include satellite system management requirements consistent with RCW 70.116.134.
     (g) 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)) or requirements of current land use plans and developmental policies of the general purpose local government or governments whose jurisdiction the water system plan affects that the secretary has determined to be reasonably related to the provision of a safe and reliable drinking water supply and consistent with rules adopted by the department under RCW 43.20.260, the secretary shall ((not)) approve only that portion of the plan that is consistent 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 drinking 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, the purposes expressed in RCW 70.116.020, and shall otherwise be consistent with other applicable provisions of adopted land use and resource plans determined by the secretary to be reasonably related to the provision of a safe and reliable drinking water supply and consistent with rules adopted by the department under RCW 43.20.260. 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. However, the scope of the adopted plan must be prepared in a manner that is consistent with the purposes expressed in RCW 70.116.020. 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. 5   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 purposes and requirements of this chapter ((and regulations)), rules adopted ((hereunder)) under this chapter, and pursuant to RCW 43.20.260, 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) No other purveyor shall establish a public water system within the area covered by the plan, unless the local legislative authority 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 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.
     (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 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)) as determined by the secretary and the legislative authority. However, the purpose of the update must be to address the provision of a safe and reliable drinking water supply and must otherwise be consistent with the purposes expressed in RCW 70.116.020 and rules adopted by the department under RCW 43.20.260. The process for the update shall be the one prescribed in RCW 70.116.050.
     (7) 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.
     (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.
     (9) If a county initiates an update or revision of a coordinated water system plan, the county shall pay for the cost of updating or revising the plan.