SLS 13RS-310 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013
SENATE BILL NO. 171
BY SENATOR DONAHUE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SANITARY CODE. Provides for certain limitations relative to actions or rules requiring
modification of certain existing community water systems. (gov sig)
AN ACT1
To enact R.S. 40:4.13, relative to water systems; to provide for the use of the National2
Primary Drinking Standards; to provide for a sanitary survey; to provide for the use3
of the Ten State Standards; to provide for an exception to the state Plumbing Code;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:4.13 is hereby enacted to read as follows:7
ยง4.13. Water systems; National Primary Drinking Water Standards; sanitary8
survey; use of Ten State Standards; exception to the Plumbing9
Code10
A. Neither the state health officer nor the office of public health of the11
Department of Health and Hospitals shall promulgate a rule or take action12
requiring the modification of an existing community water system in operation13
before August 1, 2013, unless the state health officer or the office of public14
health of the Department of Health and Hospitals demonstrates that such public15
water system is incapable, with proper operation and maintenance, of attaining16
compliance with the National Primary Drinking Water Standards without the17 SB NO. 171
SLS 13RS-310 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
modification. For the purposes of this Section, "National Primary Drinking1
Water Standards" means the maximum contaminant levels and the maximum2
residual disinfectant levels as defined in 40 CFR Part 141.3
B.(1)A sanitary survey of a public water system shall be conducted only4
to ensure compliance with the National Primary Drinking Water Standards and5
the state Sanitary Code requirements.6
(2)The state health officer or the office of public health of the7
Department of Health and Hospitals shall classify as a significant deficiency8
only defects in design, operation, or maintenance, or a failure or malfunction9
of the sources, treatment, storage, or distribution system that are causing the10
introduction of contamination into the water delivered to consumers.11
C.(1) The state health officer and the office of public health of the12
Department of Health and Hospitals shall use the Ten State Standards only as13
a guide in the review of plans and specifications submitted in connection with14
an application for a permit for a new public water supply system or in15
connection with the modification of an existing public water system. For the16
purposes of this Section, "Ten State Standards" means the Recommended17
Standards for Water Works (2003 Edition) or any other edition promulgated by18
the Great Lakes and Upper Mississippi Board of State Sanitary Engineers.19
(2) A public water supply system permit shall be issued for a design that20
complies with the National Primary Drinking Water Standards, whether or not21
such design comports to the Ten State Standards.22
D. A public water system shall not be subject to the Louisiana State23
Plumbing Code.24
Section 2. This Act shall become effective upon signature by the governor or, if not25
signed by the governor, upon expiration of the time for bills to become law without signature26
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If27
vetoed by the governor and subsequently approved by the legislature, this Act shall become28
effective on the day following such approval.29 SB NO. 171
SLS 13RS-310 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Proposed law provides neither the state health officer nor the office of public health of the
Department of Health and Hospitals shall promulgate a rule or take action requiring the
modification of an existing community water system in operation before August 1, 2013,
unless the state health officer or the office of public health of the Department of Health and
Hospitals demonstrates that such public water system is incapable, with proper operation and
maintenance, of attaining compliance with the National Primary Drinking Water Standards
without the modification. Proposed law provides "National Primary Drinking Water
Standards" means the maximum contaminant levels and the maximum residual disinfectant
levels as defined in federal regulations.
Proposed law provides a sanitary survey of a public water system shall be conducted only
to ensure compliance with the National Primary Drinking Water Standards and the state
Sanitary Code requirements.
Proposed law provides the state health officer or the office of public health shall classify as
a significant deficiency only defects in design, operation, or maintenance, or a failure or
malfunction of the sources, treatment, storage, or distribution system that are causing the
introduction of contamination into the water delivered to consumers.
Proposed law provides the state health officer and the office of public health shall use the
Ten State Standards only as a guide in the review of plans and specifications submitted in
connection with an application for a permit for a new public water supply system or in
connection with the modification of an existing public water system. Proposed law provides
"Ten State Standards" means the Recommended Standards for Water Works (2003 Edition)
or any other edition promulgated by the Great Lakes and Upper Mississippi Board of State
Sanitary Engineers.
Proposed law provides a public water supply system permit shall be issued for a design that
complies with the National Primary Drinking Water Standards, whether or not such design
comports to the Ten State Standards.
Proposed law provides a public water system shall not be subject to the Louisiana State
Plumbing Code.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 40:4.13)