SLS 13RS-310 REENGROSSED
Page 1 of 3
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 SENATORS DONAHUE, ALLAIN, APPEL, BROOME, BUFFINGTON, CLAITOR,
CORTEZ, CROWE, DORSEY-COLOMB, ERDEY, GUILLORY,
LONG, MARTINY, MILLS, MORRELL, MORRISH, MURRAY,
NEVERS, PERRY, GARY SMITH, TARVER, THOMPSON,
WALSWORTH AND WARD
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; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:4.13 is hereby enacted to read as follows:6
ยง4.13. Water systems; National Primary Drinking Water Standards; sanitary7
survey; use of Ten State Standards8
A. Neither the state health officer nor the office of public health of the9
Department of Health and Hospitals shall promulgate a rule or take action10
requiring the modification of an existing community water system in operation11
before August 1, 2013, unless the state health officer or the office of public12
health of the Department of Health and Hospitals demonstrates that such public13
water system is incapable, with proper operation and maintenance, of attaining14
compliance with the National Primary Drinking Water Standards without the15
modification. For the purposes of this Section, "National Primary Drinking16
Water Standards" means the maximum contaminant levels and the maximum17 SB NO. 171
SLS 13RS-310 REENGROSSED
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
residual disinfectant levels as defined in 40 CFR Part 141 et seq.1
B.(1) A sanitary survey of a public water system shall be conducted only2
to ensure compliance with the National Primary Drinking Water Standards and3
the state Sanitary Code requirements.4
(2) The state health officer or the office of public health of the5
Department of Health and Hospitals shall classify as a significant deficiency6
only defects in design, operation, or maintenance, or a failure or malfunction7
of the sources, treatment, storage, or distribution systems that are causing the8
introduction of contamination into the water delivered to consumers.9
C.(1) The state health officer and the office of public health of the10
Department of Health and Hospitals shall use the Ten State Standards only as11
a guide in the review of plans and specifications submitted in connection with12
an application for a permit for a new public water supply system or in13
connection with the modification of an existing public water system. For the14
purposes of this Section, "Ten State Standards" means the Recommended15
Standards for Water Works (2003 Edition) or any other edition promulgated by16
the Great Lakes-Upper Mississippi River Board of State and Provincial Public17
Health and Environmental Managers.18
(2) A public water supply system permit shall be issued for a design that19
complies with the National Primary Drinking Water Standards, whether or not20
such design comports to the Ten State Standards.21
Section 2. This Act shall become effective upon signature by the governor or, if not22
signed by the governor, upon expiration of the time for bills to become law without signature23
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If24
vetoed by the governor and subsequently approved by the legislature, this Act shall become25
effective on the day following such approval.26 SB NO. 171
SLS 13RS-310 REENGROSSED
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument was prepared by Christopher D. Adams. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by J. Ashley Mitchell.
DIGEST
Donahue (SB 171)
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 systems 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 Upper Mississippi River Board of State
and Provincial Public Health and Environmental Managers.
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.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 40:4.13)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Removes reference to the Louisiana State Plumbing Code.
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Makes Legislative Bureau technical changes.