CT
Connecticut House Bill HB06615

Connecticut 2021 Regular Session

Connecticut House Bill HB06615 Compare Versions

OldNewDifferences
11
22
3-LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06615-R02-
3+LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06615-R01-
44 HB.docx
55 1 of 9
66
77 General Assembly Substitute Bill No. 6615
88 January Session, 2021
99
1010
1111
1212 AN ACT CONCERNING SA FE DRINKING WATER.
1313 Be it enacted by the Senate and House of Representatives in General
1414 Assembly convened:
1515
1616 Section 1. (NEW) (Effective October 1, 2021) (a) As used in this section: 1
1717 (1) "Bottled water" has the same meaning as defined in section 21a-2
1818 150 of the general statutes; 3
1919 (2) "Drinking water" means water, treated or untreated, intended for 4
2020 human use and consumption, including, but not limited to, drinking, 5
2121 bathing, showering, cooking, dishwashing and maintaining oral 6
2222 hygiene; 7
2323 (3) "Fill station" means a location at which customers of a water 8
2424 company may obtain drinking water from a water company that is not 9
2525 affected by an event impacting the quality or quantity of drinking water 10
2626 being provided to consumers; 11
2727 (4) "Consumer" has the same meaning as provided in section 25a-32a 12
2828 of the general statutes; and 13
2929 (5) "Water company" has the same meaning as provided in section 25-14
3030 32a of the general statutes. 15
3131 (b) A water company shall provide to its consumers an alternative 16
3232 source of drinking water as a temporary measure when there is a water 17 Substitute Bill No. 6615
3333
3434
3535 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06615-
36-R02-HB.docx }
36+R01-HB.docx }
3737 2 of 9
3838
3939 main break, loss of system pressure or other event that the water 18
4040 company determines may last more than eight consecutive hours and 19
4141 that the Department of Public Health determines may affect the quality 20
4242 or quantity of water being provided to such consumers. Alternative 21
4343 sources of water include bulk water provided by a bulk water hauler 22
4444 licensed pursuant to section 20-278h of the general statutes, bottled 23
4545 water or a fill station. A water company shall update its emergency 24
4646 response plan prepared pursuant to section 25-32d of the general 25
4747 statutes or pursuant to section 19-13-B102 of the regulations of 26
4848 Connecticut state agencies, as applicable, to include information 27
4949 regarding how such water company will comply with this section. 28
5050 Sec. 2. (NEW) (Effective October 1, 2021) A water company shall 29
5151 provide tier 1 notices to its consumers in the languages predominantly 30
5252 spoken by the consumers in the water company's service area. A water 31
5353 company shall update its emergency response plan prepared pursuant 32
5454 to section 25-32d of the general statutes or pursuant to section 19-13-33
5555 B102 of the regulations of Connecticut state agencies to include 34
5656 information regarding the provision of such multilingual 35
5757 communications. For purposes of this section, "water company" has the 36
5858 same meaning as provided in section 25-32a of the general statutes and 37
5959 "tier 1 notices" has the same meaning as provided in section 19-13-B102 38
6060 of the regulations of Connecticut state agencies. 39
6161 Sec. 3. (NEW) (Effective October 1, 2021) If the Governor proclaims that 40
6262 a state of civil preparedness emergency, pursuant to section 28-9 of the 41
6363 general statutes, or a public health emergency, pursuant to section 19a-42
6464 131 of the general statutes, exists, each community water system shall 43
6565 report the community water system's operational status to WebEOC as 44
6666 soon as practicable, but not later than eight hours after the time of such 45
6767 proclamation, and at any time thereafter that the status of such system 46
6868 changes. For purposes of this section, "community water system" means 47
6969 a public water system that serves at least twenty-five residents, and 48
7070 "WebEOC" means a web-based emergency management information 49
7171 system used by the state to document routine and emergency events or 50 Substitute Bill No. 6615
7272
7373
7474 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06615-
75-R02-HB.docx }
75+R01-HB.docx }
7676 3 of 9
7777
7878 incidents and provide a real-time common operating picture and 51
7979 resource request management tool for emergency managers at the local 52
8080 and state levels during exercises, drills, local or regional emergencies or 53
8181 state-wide emergencies. 54
8282 Sec. 4. (NEW) (Effective October 1, 2021) (a) As used in this section: 55
8383 (1) "Consumer" has the same meaning as provided in section 25-32a 56
8484 of the general statutes; 57
8585 (2) "Owner" means the person or entity that owns or controls the 58
8686 small community water system; and 59
8787 (3) "Small community water system" has the same meaning as 60
8888 provided in section 19a-37e of the general statutes. 61
8989 (b) Not later than January 1, 2025, each owner of a small community 62
9090 water system shall complete a small community water system capacity 63
9191 implementation plan on a form prescribed by the Department of Public 64
9292 Health demonstrating that such owner has the managerial, technical 65
9393 and financial capacity to continue to own and operate such system and 66
9494 shall implement such plan. Following the completion of the initial small 67
9595 community water system capacity implementation plan, each small 68
9696 community water system shall update such small community water 69
9797 system capacity implementation plan annually and make such small 70
9898 community water system capacity implementation plan available to the 71
9999 department upon request. Such plan shall include: 72
100100 (1) A description of the small community water system, including the 73
101101 number of consumers and persons served, and sources of drinking 74
102102 water; 75
103103 (2) Ownership and management information, including the type of 76
104104 ownership structure and the current names, addresses and telephone 77
105105 numbers of the owners, certified operators and emergency contact 78
106106 persons for the small community water system; 79 Substitute Bill No. 6615
107107
108108
109109 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06615-
110-R02-HB.docx }
110+R01-HB.docx }
111111 4 of 9
112112
113113 (3) Service area maps; 80
114114 (4) Facilities maps, including the location of and specific information 81
115115 regarding sources, storage facilities, treatment facilities, pressure zones, 82
116116 booster pumps, hydrants, distribution lines, valves and sampling 83
117117 points; 84
118118 (5) A description of such system's cross-connection control program; 85
119119 (6) A description of such system's source water protection program; 86
120120 (7) A copy of such system's emergency response plan required 87
121121 pursuant to section 19-13-B102 of the regulations of Connecticut state 88
122122 agencies; 89
123123 (8) A capital improvement program, including the schedule that 90
124124 identifies all capital improvements scheduled for a five-year planning 91
125125 period and capital improvements or major projects scheduled for a 92
126126 twenty-year planning period; 93
127127 (9) Water production and consumption information; 94
128128 (10) Information regarding public water systems that are nearby, 95
129129 including the distance from the small community water system and type 96
130130 of public water system, if any. Such information shall be based on the 97
131131 coordinated water system plan approved by the Commissioner of 98
132132 Public Health pursuant to section 25-33h of the general statutes for the 99
133133 water utility coordinating committee in which such small community 100
134134 water system is located; and 101
135135 (11) Financial capacity information, including: 102
136-(A) An evaluation of the small community water system's fiscal and 103
137-assessment management plan prepared pursuant to section 19a-37e of 104
138-the general statutes; 105
139-(B) A summary of the income and expenses for the five years 106
140-preceding the date of submission of the plan; 107 Substitute Bill No. 6615
136+(A) An evaluation of the small community water system's fiscal plan 103
137+prepared pursuant to section 19a-37e of the general statutes; 104
138+(B) A summary of the income and expenses for the five years 105
139+preceding the date of submission of the plan; 106 Substitute Bill No. 6615
141140
142141
143142 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06615-
144-R02-HB.docx }
143+R01-HB.docx }
145144 5 of 9
146145
147-(C) A five-year balanced operation budget; 108
148-(D) Water rate structure and fees charged, including information 109
149-regarding how such rates and fees are updated and whether such rates 110
150-and fees are sufficient to maintain cash flow stability and to fund the 111
151-capital improvement program, as well as any emergency 112
152-improvements; and 113
153-(E) An evaluation that has considered the affordability of water rates. 114
154-(c) On or before July 1, 2025, and annually thereafter, the small 115
155-community water system shall provide a summary of its small 116
156-community water system capacity plan in the small community water 117
157-system's consumer confidence report required by section 19-13-B102 of 118
158-the regulations of Connecticut state agencies. 119
159-(d) The provisions of this section shall not apply to a small 120
160-community water system that is (1) regulated by the Public Utilities 121
161-Regulatory Authority, (2) subject to the requirements set forth in section 122
162-25-32d of the general statutes, or (3) a state agency. 123
163-(e) The provisions of this section shall be deemed to relate to the 124
164-purity and adequacy of water supplies for the purposes of the 125
165-imposition of a penalty under section 25-32e of the general statutes. 126
166-(f) The commissioner may adopt regulations, in accordance with the 127
167-provisions of chapter 54 of the general statutes, to carry out the 128
168-provisions of this section. 129
169-Sec. 5. Section 21a-150b of the general statutes is repealed and the 130
170-following is substituted in lieu thereof (Effective October 1, 2021): 131
171-(a) Qualified employees of a bottler shall collect samples of water 132
172-from each approved source used by such bottler not less than once 133
173-annually to test for contaminants for which allowable levels have been 134
174-established in accordance with 21 CFR 165.110 and regulations adopted 135
175-pursuant to sections 21a-150 to 21a-150j, inclusive, as amended by this 136 Substitute Bill No. 6615
146+(C) A five-year balanced operation budget; 107
147+(D) Water rate structure and fees charged, including information 108
148+regarding how such rates and fees are updated and whether such rates 109
149+and fees are sufficient to maintain cash flow stability and to fund the 110
150+capital improvement program, as well as any emergency 111
151+improvements; and 112
152+(E) An evaluation that has considered the affordability of water rates. 113
153+(c) On or before July 1, 2025, and annually thereafter, the small 114
154+community water system shall provide a summary of its small 115
155+community water system capacity plan in the small community water 116
156+system's consumer confidence report required by section 19-13-B102 of 117
157+the regulations of Connecticut state agencies. 118
158+(d) The provisions of this section shall not apply to a small 119
159+community water system that is (1) regulated by the Public Utilities 120
160+Regulatory Authority, (2) subject to the requirements set forth in section 121
161+25-32d of the general statutes, or (3) a state agency. 122
162+(e) The provisions of this section shall be deemed to relate to the 123
163+purity and adequacy of water supplies for the purposes of the 124
164+imposition of a penalty under section 25-32e of the general statutes. 125
165+(f) The commissioner may adopt regulations, in accordance with the 126
166+provisions of chapter 54 of the general statutes, to carry out the 127
167+provisions of this section. 128
168+Sec. 5. Section 21a-150b of the general statutes is repealed and the 129
169+following is substituted in lieu thereof (Effective October 1, 2021): 130
170+(a) Qualified employees of a bottler shall collect samples of water 131
171+from each approved source used by such bottler not less than once 132
172+annually to test for contaminants for which allowable levels have been 133
173+established in accordance with 21 CFR 165.110 and regulations adopted 134
174+pursuant to sections 21a-150 to 21a-150j, inclusive, as amended by this 135 Substitute Bill No. 6615
176175
177176
178177 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06615-
179-R02-HB.docx }
178+R01-HB.docx }
180179 6 of 9
181180
182-act, and not less than once every three years to test for contaminants for 137
183-which monitoring is required pursuant to sections 21a-150 to 21a-150j, 138
184-inclusive, as amended by this act, but for which no allowable level has 139
185-been established. Qualified employees of an approved laboratory shall 140
186-analyze such samples to determine whether such source complies with 141
187-the provisions of sections 21a-150 to 21a-150j, inclusive, as amended by 142
188-this act, any regulation adopted pursuant to said sections and any 143
189-allowable contaminant level set forth in 21 CFR 165.110. Microbiological 144
190-analysis shall be conducted not less than once each calendar quarter if 145
191-the source of such water is other than a public water supply and shall 146
192-be in addition to any sampling and analysis conducted by any 147
193-government agency or laboratory. 148
194-(b) Qualified employees of a bottler shall collect samples of water 149
195-from any source used by such bottler when such bottler knows or has 150
196-reason to believe that water obtained from such source contains an 151
197-unregulated contaminant in an amount which may adversely affect the 152
198-health or welfare of the public. Qualified employees of an approved 153
199-laboratory shall analyze such samples periodically to determine 154
200-whether water obtained from any such source is safe for public 155
201-consumption or use. 156
202-(c) On or before January 1, 2022, and annually thereafter, qualified 157
203-employees of a bottler shall (1) collect samples of water from each 158
204-approved source that is located in the state, that has been inspected and 159
205-approved by the Department of Public Health pursuant to subdivision 160
206-(2) of subsection (a) of section 21a-150a and is used by such bottler, prior 161
207-to any treatment, to test for perfluoroalkyl substances and other 162
208-unregulated contaminants, and (2) have such samples analyzed by an 163
209-environmental laboratory registered by the Department of Public 164
210-Health pursuant to section 19a-29a that has the Environmental 165
211-Protection Agency approved certification to conduct such analysis. For 166
212-purposes of this subsection, "unregulated contaminant" means a 167
213-contaminant for which the Commissioner of Public Health, pursuant to 168
214-section 22a-471, has set a level at which such contaminant creates or can 169 Substitute Bill No. 6615
181+act, and not less than once every three years to test for contaminants for 136
182+which monitoring is required pursuant to sections 21a-150 to 21a-150j, 137
183+inclusive, as amended by this act, but for which no allowable level has 138
184+been established. Qualified employees of an approved laboratory shall 139
185+analyze such samples to determine whether such source complies with 140
186+the provisions of sections 21a-150 to 21a-150j, inclusive, as amended by 141
187+this act, any regulation adopted pursuant to said sections and any 142
188+allowable contaminant level set forth in 21 CFR 165.110. Microbiological 143
189+analysis shall be conducted not less than once each calendar quarter if 144
190+the source of such water is other than a public water supply and shall 145
191+be in addition to any sampling and analysis conducted by any 146
192+government agency or laboratory. 147
193+(b) Qualified employees of a bottler shall collect samples of water 148
194+from any source used by such bottler when such bottler knows or has 149
195+reason to believe that water obtained from such source contains an 150
196+unregulated contaminant in an amount which may adversely affect the 151
197+health or welfare of the public. Qualified employees of an approved 152
198+laboratory shall analyze such samples periodically to determine 153
199+whether water obtained from any such source is safe for public 154
200+consumption or use. 155
201+(c) On or before January 1, 2022, and annually thereafter, qualified 156
202+employees of a bottler shall (1) collect samples of water from each 157
203+approved source that is located in the state, that has been inspected and 158
204+approved by the Department of Public Health pursuant to subdivision 159
205+(2) of subsection (a) of section 21a-150a and is used by such bottler, prior 160
206+to any treatment, to test for perfluoroalkyl substances and other 161
207+unregulated contaminants, and (2) have such samples analyzed by an 162
208+environmental laboratory registered by the Department of Public 163
209+Health pursuant to section 19a-29a that has the Environmental 164
210+Protection Agency approved certification to conduct such analysis. For 165
211+purposes of this subsection, "unregulated contaminant" means a 166
212+contaminant for which the Commissioner of Public Health, pursuant to 167
213+section 22a-471, has set a level at which such contaminant creates or can 168 Substitute Bill No. 6615
215214
216215
217216 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06615-
218-R02-HB.docx }
217+R01-HB.docx }
219218 7 of 9
220219
221-reasonably be expected to create an unacceptable risk of injury to the 170
222-health or safety of persons drinking such source of water. 171
223-Sec. 6. Section 21a-150d of the general statutes is repealed and the 172
224-following is substituted in lieu thereof (Effective October 1, 2021): 173
225-(a) A laboratory which analyzes any water sample in accordance with 174
226-any provision of sections 21a-150 to 21a-150j, inclusive, as amended by 175
227-this act, shall report the results of such analysis to the bottler of such 176
228-water. 177
229-(b) Such results shall be available for inspection by the Department 178
230-of Consumer Protection. 179
231-(c) A bottler shall report any result which indicates that a water 180
232-sample contains contaminants in an amount exceeding any applicable 181
233-standard to the Department of Consumer Protection not later than 182
234-twenty-four hours after learning of such result. 183
235-(d) A bottler shall report the results of the analysis conducted 184
236-pursuant to subsection (c) of section 21a-150b, as amended by this act, 185
237-to the Department of Public Health and the Department of Consumer 186
238-Protection not later than nine calendar days after receipt of the results 187
239-from the environmental laboratory. If such results exceed the level set 188
240-by the Commissioner of Public Health pursuant to section 22a-471 for 189
241-such perfluoroalkyl substances and other unregulated contaminants, 190
242-the Department of Public Health may require such bottler to discontinue 191
243-use of its approved source until such source no longer creates an 192
244-unacceptable risk of injury to the health or safety of persons drinking 193
245-the bottled water that comes from such source. The Department of 194
246-Public Health shall notify the Department of Consumer Protection of 195
247-any source for which the Department of Public Health has discontinued 196
248-use until such source no longer creates an unacceptable risk of injury to 197
249-the health or safety of the persons drinking the bottled water that comes 198
250-from such source. For purposes of this section, "unregulated 199
251-contaminant" means a contaminant for which the Commissioner of 200 Substitute Bill No. 6615
220+reasonably be expected to create an unacceptable risk of injury to the 169
221+health or safety of persons drinking such source of water. 170
222+Sec. 6. Section 21a-150d of the general statutes is repealed and the 171
223+following is substituted in lieu thereof (Effective October 1, 2021): 172
224+(a) A laboratory which analyzes any water sample in accordance with 173
225+any provision of sections 21a-150 to 21a-150j, inclusive, as amended by 174
226+this act, shall report the results of such analysis to the bottler of such 175
227+water. 176
228+(b) Such results shall be available for inspection by the Department 177
229+of Consumer Protection. 178
230+(c) A bottler shall report any result which indicates that a water 179
231+sample contains contaminants in an amount exceeding any applicable 180
232+standard to the Department of Consumer Protection not later than 181
233+twenty-four hours after learning of such result. 182
234+(d) A bottler shall report the results of the analysis conducted 183
235+pursuant to subsection (c) of section 21a-150b, as amended by this act, 184
236+to the Department of Public Health and the Department of Consumer 185
237+Protection not later than nine calendar days after receipt of the results 186
238+from the environmental laboratory. If such results exceed the level set 187
239+by the Commissioner of Public Health pursuant to section 22a-471 for 188
240+such perfluoroalkyl substances and other unregulated contaminants, 189
241+the Department of Public Health may require such bottler to discontinue 190
242+use of its approved source until such source no longer creates an 191
243+unacceptable risk of injury to the health or safety of persons drinking 192
244+the bottled water that comes from such source. The Department of 193
245+Public Health shall notify the Department of Consumer Protection of 194
246+any source for which the Department of Public Health has discontinued 195
247+use until such source no longer creates an unacceptable risk of injury to 196
248+the health or safety of the persons drinking the bottled water that comes 197
249+from such source. For purposes of this section, "unregulated 198
250+contaminant" means a contaminant for which the Commissioner of 199 Substitute Bill No. 6615
252251
253252
254253 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06615-
255-R02-HB.docx }
254+R01-HB.docx }
256255 8 of 9
257256
258-Public Health, pursuant to section 22a-471, has set a level at which such 201
259-contaminant creates or can reasonably be expected to create an 202
260-unacceptable risk of injury to the health or safety of the persons drinking 203
261-such source of water. 204
262-[(d)] (e) All records of any sampling or analysis conducted in 205
263-accordance with the provisions of sections 21a-150 to 21a-150j, inclusive, 206
264-as amended by this act, shall be maintained on the premises of the 207
265-bottler for not less than five years. 208
266-Sec. 7. Section 25-40a of the general statutes is repealed and the 209
267-following is substituted in lieu thereof (Effective October 1, 2021): 210
268-(a) Not later than twenty-four hours after obtaining a public water 211
269-system test result that shows a contaminant at a level that is in violation 212
270-of the federal Environmental Protection Agency national primary 213
271-drinking water standards, the environmental laboratory that performed 214
272-the test shall notify any persons who requested such test and the 215
273-Department of Public Health, in a form and manner prescribed by the 216
274-Commissioner of Public Health, of such test result. For purposes of this 217
275-subsection, "contaminant" means e. coli, lead, nitrate and nitrite. 218
276-(b) Not later than five business days after receiving notice that a 219
277-public water system is in violation of the federal Environmental 220
278-Protection Agency national primary drinking water standards, the 221
279-Commissioner of Public Health, or the commissioner's designee, shall 222
280-give written or electronic notification of such violation to the chief 223
281-elected official of the municipality where such public water system is 224
282-located and of any municipality that is served by such public water 225
283-system. 226
284-Sec. 8. (NEW) (Effective October 1, 2021) Each health care institution, 227
285-as defined in section 19a-490 of the general statutes, required to obtain 228
286-potable water as a temporary measure to alleviate a water supply 229
287-shortage shall obtain such potable water from (1) a bulk water hauler, 230
288-licensed pursuant to section 20-278h of the general statutes, or (2) a 231 Substitute Bill No. 6615
257+Public Health, pursuant to section 22a-471, has set a level at which such 200
258+contaminant creates or can reasonably be expected to create an 201
259+unacceptable risk of injury to the health or safety of the persons drinking 202
260+such source of water. 203
261+[(d)] (e) All records of any sampling or analysis conducted in 204
262+accordance with the provisions of sections 21a-150 to 21a-150j, inclusive, 205
263+as amended by this act, shall be maintained on the premises of the 206
264+bottler for not less than five years. 207
265+Sec. 7. Section 25-40a of the general statutes is repealed and the 208
266+following is substituted in lieu thereof (Effective October 1, 2021): 209
267+(a) Not later than twenty-four hours after obtaining a public water 210
268+system test result that shows a contaminant at a level that is in violation 211
269+of the federal Environmental Protection Agency national primary 212
270+drinking water standards, the environmental laboratory that performed 213
271+the test shall notify any persons who requested such test and the 214
272+Department of Public Health, in a form and manner prescribed by the 215
273+Commissioner of Public Health, of such test result. For purposes of this 216
274+subsection, "contaminant" means e. coli, lead, nitrate and nitrite. 217
275+(b) Not later than five business days after receiving notice that a 218
276+public water system is in violation of the federal Environmental 219
277+Protection Agency national primary drinking water standards, the 220
278+Commissioner of Public Health, or the commissioner's designee, shall 221
279+give written or electronic notification of such violation to the chief 222
280+elected official of the municipality where such public water system is 223
281+located and of any municipality that is served by such public water 224
282+system. 225
283+Sec. 8. (NEW) (Effective October 1, 2021) Each health care institution, 226
284+as defined in section 19a-490 of the general statutes, required to obtain 227
285+potable water as a temporary measure to alleviate a water supply 228
286+shortage shall obtain such potable water from (1) a bulk water hauler, 229
287+licensed pursuant to section 20-278h of the general statutes, or (2) a 230 Substitute Bill No. 6615
289288
290289
291290 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06615-
292-R02-HB.docx }
291+R01-HB.docx }
293292 9 of 9
294293
295-bottler, as defined in section 21a-150 of the general statutes. 232
294+bottler, as defined in section 21a-150 of the general statutes. 231
296295 This act shall take effect as follows and shall amend the following
297296 sections:
298297
299298 Section 1 October 1, 2021 New section
300299 Sec. 2 October 1, 2021 New section
301300 Sec. 3 October 1, 2021 New section
302301 Sec. 4 October 1, 2021 New section
303302 Sec. 5 October 1, 2021 21a-150b
304303 Sec. 6 October 1, 2021 21a-150d
305304 Sec. 7 October 1, 2021 25-40a
306305 Sec. 8 October 1, 2021 New section
307306
307+Statement of Legislative Commissioners:
308+In Section 5(b)(11)(A), "fiscal plan" was changed to "fiscal and asset
309+management plan" for accuracy.
308310
309311 PH Joint Favorable Subst.
310-ENV Joint Favorable
311312