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General Assembly Governor's Bill No. 7193
January Session, 2019
LCO No. 4433
Referred to Committee on PUBLIC HEALTH
Introduced by:
REP. ARESIMOWICZ, 30
th
Dist.
REP. RITTER M., 1
st
Dist.
SEN. LOONEY, 11
th
Dist.
SEN. DUFF, 25
th
Dist.
AN ACT IMPLEMENTING THE GOVERNOR'S BUDGE T
RECOMMENDATIONS REGA RDING PUBLIC HEALTH.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 19a-55 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective 2
October 1, 2019): 3
(a) The administrative officer or other person in charge of each 4
institution caring for newborn infants shall cause to have administered 5
to every such infant in its care an HIV-related test, as defined in section 6
19a-581, a test for phenylketonuria and other metabolic diseases, 7
hypothyroidism, galactosemia, sickle cell disease, maple syrup urine 8
disease, homocystinuria, biotinidase deficiency, congenital adrenal 9
hyperplasia, severe combined immunodeficiency disease, 10
adrenoleukodystrophy and such other tests for inborn errors of 11
metabolism as shall be prescribed by the Department of Public Health. 12 Bill No. 7193
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The tests shall be administered as soon after birth as is medically 13
appropriate. If the mother has had an HIV-related test pursuant to 14
section 19a-90 or 19a-593, the person responsible for testing under this 15
section may omit an HIV-related test. The Commissioner of Public 16
Health shall (1) administer the newborn screening program, (2) direct 17
persons identified through the screening program to appropriate 18
specialty centers for treatments, consistent with any applicable 19
confidentiality requirements, and (3) set the fees to be charged to 20
institutions to cover all expenses of the comprehensive screening 21
program including testing, tracking and treatment. The fees to be 22
charged pursuant to subdivision (3) of this subsection shall be set at a 23
minimum of ninety-eight dollars. The Commissioner of Public Health 24
shall publish a list of all the abnormal conditions for which the 25
department screens newborns under the newborn screening program, 26
which shall include screening for amino acid disorders, organic acid 27
disorders, [and] fatty acid oxidation disorders, including, but not 28
limited to, long-chain 3-hydroxyacyl CoA dehydrogenase (L-CHAD) 29
and medium-chain acyl-CoA dehydrogenase (MCAD), and, subject to 30
the approval of the Secretary of the Office of Policy and Management, 31
any other disorder included on the recommended uniform screening 32
panel pursuant to 42 USC 300b-10, as amended from time to time. 33
Sec. 2. Section 19a-202 of the general statutes is repealed and the 34
following is substituted in lieu thereof (Effective July 1, 2019): 35
(a) Upon application to the Department of Public Health any 36
municipal health department shall annually receive from the state an 37
amount equal to one dollar and eighteen cents per capita, provided 38
such municipality (1) employs a full-time director of health, except that 39
if a vacancy exists in the office of director of health or the office is filled 40
by an acting director for more than three months, such municipality 41
shall not be eligible for funding unless the Commissioner of Public 42
Health waives this requirement; (2) submits a public health program 43
and budget which is approved by the Commissioner of Public Health; 44
(3) appropriates not less than one dollar per capita, from the annual tax 45 Bill No. 7193
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receipts, for health department services; (4) has a population of fifty 46
thousand or more; and (5) meets the requirements of section 19a-207a, 47
within available appropriations. Such municipal department of health 48
may use additional funds, which the Department of Public Health may 49
secure from federal agencies or any other source and which it may 50
allot to such municipal department of health. The money so received 51
shall be disbursed upon warrants approved by the chief executive 52
officer of such municipality. The Comptroller shall annually in July 53
and upon a voucher of the Commissioner of Public Health, draw the 54
Comptroller's order on the State Treasurer in favor of such municipal 55
department of health for the amount due in accordance with the 56
provisions of this section and under rules prescribed by the 57
commissioner. Any moneys remaining unexpended at the end of a 58
fiscal year shall be included in the budget of such municipal 59
department of health for the ensuing year. This aid shall be rendered 60
from appropriations made from time to time by the General Assembly 61
to the Department of Public Health for this purpose. 62
(b) The amount of payments made by the state to municipal health 63
departments under subsection (a) of this section shall be reduced 64
proportionately in the event that the total amount of such payments 65
and the payments made under subsection (a) of section 19a-245, as 66
amended by this act, in a fiscal year exceeds the amount appropriated 67
for purposes of said subsections with respect to such fiscal year. 68
Sec. 3. Section 19a-245 of the general statutes is repealed and the 69
following is substituted in lieu thereof (Effective July 1, 2019): 70
(a) Upon application to the Department of Public Health, each 71
health district that has a total population of fifty thousand or more, or 72
serves three or more municipalities irrespective of the combined total 73
population of such municipalities, shall annually receive from the state 74
an amount equal to one dollar and eighty-five cents per capita for each 75
town, city and borough of such district, provided (1) the 76
Commissioner of Public Health approves the public health program 77
and budget of such health district, (2) the towns, cities and boroughs of 78 Bill No. 7193
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such district appropriate for the maintenance of the health district not 79
less than one dollar per capita from the annual tax receipts, and (3) the 80
health district meets the requirements of section 19a-207a, within 81
available appropriations. Such district departments of health are 82
authorized to use additional funds, which the Department of Public 83
Health may secure from federal agencies or any other source and 84
which it may allot to such district departments of health. The district 85
treasurer shall disburse the money so received upon warrants 86
approved by a majority of the board and signed by its chairman and 87
secretary. The Comptroller shall quarterly, in July, October, January 88
and April, upon such application and upon the voucher of the 89
Commissioner of Public Health, draw the Comptroller's order on the 90
State Treasurer in favor of such district department of health for the 91
amount due in accordance with the provisions of this section and 92
under rules prescribed by the commissioner. Any moneys remaining 93
unexpended at the end of a fiscal year shall be included in the budget 94
of the district for the ensuing year. This aid shall be rendered from 95
appropriations made from time to time by the General Assembly to the 96
Department of Public Health for this purpose. 97
(b) The amount of payments made by the state to health districts 98
under subsection (a) of this section shall be reduced proportionately in 99
the event that the total amount of such payments and the payments 100
made under subsection (a) of section 19a-202, as amended by this act, 101
in a fiscal year exceeds the amount appropriated for purposes of said 102
subsections with respect to such fiscal year. 103
Sec. 4. (NEW) (Effective from passage) (a) As used in this section: 104
(1) "Commissioner" means the Commissioner of Public Health, or 105
the commissioner's designee; 106
(2) "Community water system" means a public water system that 107
regularly serves at least twenty-five residents; 108
(3) "Consumer" has the same meaning as provided in section 25-32a 109 Bill No. 7193
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of the general statutes; 110
(4) "Customer" means any (A) person, (B) firm, (C) corporation, (D) 111
company, (E) association, (F) governmental unit, except a state agency, 112
(G) lessee that, by the terms of a written lease or agreement, is 113
responsible for the water bill, or (H) owner of property, that receives 114
water service furnished by the water company; 115
(5) "Department" means the Department of Public Health; 116
(6) "Noncommunity water system" means a public water system 117
that serves at least twenty-five persons at least sixty days of the year 118
and is not a community water system; 119
(7) "Nontransient noncommunity water system" means a 120
noncommunity water system that regularly serves at least twenty-five 121
of the same persons over six months per year; 122
(8) "Public water system" means a water company that supplies 123
drinking water to fifteen or more consumers or twenty-five or more 124
persons daily at least sixty days of the year; 125
(9) "Sanitary survey" means the review of a public water system by 126
the department to evaluate the adequacy of the public water system, 127
its sources of supply and operations and the distribution of safe 128
drinking water; 129
(10) "Service connection" means the service pipe from the water 130
main to the curb stop or adjacent to the street line or property line, but 131
shall not include a service pipe used only for fire service purposes; 132
(11) "Transient noncommunity water system" means a 133
noncommunity water system that does not meet the definition of a 134
nontransient noncommunity water system; and 135
(12) "Water company" has the same meaning as provided in section 136
25-32a of the general statutes. 137 Bill No. 7193
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(b) On or before August 1, 2019, and annually thereafter, the 138
department shall issue a statement, in such manner as the department 139
determines, to each water company that owns a community water 140
system or systems showing the number of service connections such 141
community water system or systems has listed in the department's 142
records as of the date of issuance of the statement. 143
(c) On or before October 1, 2019, and annually thereafter, the 144
department, in consultation with the Office of Policy and Management, 145
shall post on the department's Internet web site (1) the costs to support 146
the department's ability to maintain primacy under the federal Safe 147
Drinking Water Act, 42 USC 300f, et seq., as amended from time to 148
time, which costs shall constitute the safe drinking water primacy 149
assessment for the current fiscal year, and (2) the assessment amounts 150
due, based on the posted costs and in accordance with subsection (d) 151
of this section. 152
(d) (1) For the fiscal year ending June 30, 2019, and each fiscal year 153
thereafter, each water company that owns a community or 154
nontransient noncommunity water system or systems shall pay 155
annually to the department a safe drinking water primacy assessment 156
amount in accordance with the following: (A) Each community water 157
system having less than fifty service connections and nontransient 158
noncommunity water system shall be assessed one hundred twenty-159
five dollars; (B) each community water system having at least fifty but 160
less than one hundred service connections shall be assessed one 161
hundred fifty dollars; and (C) each community water system having at 162
least one hundred service connections shall be assessed an amount 163
established by the commissioner, not to exceed five dollars per service 164
connection. For purposes of this subdivision, a community water 165
system's service connections shall be determined in accordance with 166
subsection (b) of this section. 167
(2) On or before January 1, 2020, and annually thereafter, the 168
department shall issue an invoice, in such manner as the department 169
determines, to each water company that owns a community or 170 Bill No. 7193
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nontransient noncommunity water system or systems for the amount 171
due pursuant to subdivision (1) of this subsection. Each such water 172
company shall pay the amount invoiced, in the same year the 173
department issued in the invoice, in accordance with the following 174
schedule: 175
(A) A nontransient noncommunity water system shall pay one 176
hundred per cent of the amount invoiced on or before March first; 177
(B) A community water system having less than one hundred 178
service connections shall pay one hundred per cent of the invoiced 179
amount invoiced on or before May first; and 180
(C) A community water system having one hundred or more service 181
connections shall pay fifty per cent of the invoiced amount by March 182
first and the remaining fifty per cent of the amount invoiced by May 183
first. 184
(e) (1) Commencing January 1, 2022, each water company that owns 185
a transient noncommunity water system or systems for which the 186
department conducted a sanitary survey in the prior year shall pay to 187
the department a safe drinking water primacy assessment of one 188
hundred fifty dollars. 189
(2) On or before March 1, 2022, and annually thereafter, the 190
department shall issue an invoice, in such manner as the department 191
determines, to each water company that owns a transient 192
noncommunity water system or systems that had a sanitary survey 193
conducted by the department in the previous year for the amount due 194
pursuant to subdivision (1) of this subsection. Each such water 195
company shall pay the amount invoiced on or before May thirty-first 196
of the year in which the department issued the invoice. 197
(f) If a water company is acquired by another water company for 198
any reason, the acquiring water company shall pay the amount due to 199
the department for the acquired water company's assessment under 200
subsections (d) and (e) of this section. 201 Bill No. 7193
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(g) (1) A water company that owns a community water system may 202
collect the assessment amount due for the community water system 203
from a customer of such community water system. The amount 204
collected by the water company from an individual customer may be a 205
pro rata share of such assessment amount. Such amount may appear as 206
a separate item on the customer's bills. 207
(2) The assessment amount due for a community water system 208
under subdivision (1) of this subsection may be adopted in rates 209
through the existing rate approval process for the water company or 210
may appear as a separate item identified as an assessment on each 211
customer's bill without requiring a revision to or approval of the 212
schedule of authorized rates and charges for the water company that is 213
otherwise required pursuant to section 7-239 or 16-19 of the general 214
statutes or any other special act or enabling legislation establishing a 215
water company. Such charges shall be subject to the past due and 216
collection procedures, including interest charges, of the water 217
company as are applicable to any other authorized customer charge or 218
fee. 219
(h) The requirement for a water company to pay the assessment 220
shall terminate immediately if the department no longer has primacy 221
under the federal Safe Drinking Water Act, 42 USC 300f, et seq., as 222
amended from time to time, whether removed by the federal 223
Environmental Protection Agency or through any other action by a 224
state or federal authority. If the assessment is terminated and not 225
reinstated on or before one hundred eighty days after such 226
termination, the water company shall credit its customers any amounts 227
collected from such customers for such assessment amount that the 228
water company is no longer required to pay to the department. 229
(i) If any assessment is not paid on or before thirty days after the 230
date when such assessment is due, the commissioner may impose a fee 231
equal to one and one-half per cent of such assessment for each month 232
of nonpayment beyond such initial thirty-day period unless the water 233
company that has not paid such assessment is a town, city or borough, 234 Bill No. 7193
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in which case the water company shall be subject to the provisions of 235
section 12-38 of the general statutes. 236
(j) On or before December 1, 2019, and annually thereafter, the 237
department shall post on its Internet web site and submit to the 238
Governor and the joint standing committee of the General Assembly 239
having cognizance of matters relating to public health, in accordance 240
with the provisions of section 11-4a of the general statutes, a report 241
that shall include: (1) Resources dedicated to supporting the 242
department's ability to maintain primacy under the federal Safe 243
Drinking Water Act, 42 USC 300f, et seq., as amended from time to 244
time, in the previous fiscal year; (2) the number of full-time equivalent 245
positions that performed the required functions to maintain primacy in 246
the previous fiscal year; and (3) quality improvement strategies the 247
department has deployed to streamline operations to make efficient 248
and effective use of staff and resources. 249
(k) The commissioner may adopt regulations, in accordance with 250
the provisions of chapter 54 of the general statutes, to carry out the 251
provisions of this section. 252
(l) State agencies shall be exempt from the requirements of 253
subsections (d) to (i), inclusive, of this section. 254
Sec. 5. Section 19a-202b of the general statutes is repealed. (Effective 255
July 1, 2019) 256
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 19a-55(a)
Sec. 2 July 1, 2019 19a-202
Sec. 3 July 1, 2019 19a-245
Sec. 4 from passage New section
Sec. 5 July 1, 2019 Repealer section
PH Joint Favorable Bill No. 7193
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APP Joint Favorable