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Regular Session, 2013 ENROLLED
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 AND REPRESENTATIVES ANDERS,
ARMES, ARNOLD, BERTHELOT, BILLIOT, STUART BISHOP,
BROADWATER, BURFORD, HENRY BURNS, BURREL L,
CARMODY, CARTER, CHANEY, COX, CROMER, FANNIN,
GAINES, GISCLAIR, GUILLORY, GUINN, HARRIS, HAVARD,
HAZEL, HENSGENS, HILL, HOFFMANN, HOWARD, KATRINA
JACKSON, JEFFERSON, JONES, LEBAS, LORUSSO, MACK,
MONTOUCET, JIM MORRIS, ORTEGO, PIERRE, PONTI, PRICE,
PYLANT, REYNOLDS, RITCHIE, SCHEXNAYDER, SCHRODER,
SHADOIN, ST. GERMAIN, THIBAUT, THIERRY, WHITNEY,
PATRICK WILLIAMS AND WILLMOTT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To enact R.S. 36:259(D)(10) and R.S. 40:4.13, relative to water systems; to provide for the2
use of the National Primary Drinking Water Regulations; to provide for a sanitary3
survey; to provide for the use of the Ten State Standards; to create the Louisiana4
Standards for Water Works Construction, Operation, and Maintenance Committee;5
to provide for rules and regulations; to provide for membership of the committee; to6
provide for powers of the committee; to provide for primacy; and to provide for7
related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 36:259(D)(10) is hereby enacted to read as follows:10
§259. Transfer of agencies and functions to Department of Health and Hospitals11
* * *12
D. The following agencies, as defined in R.S. 36:3, are placed within the13
Department of Health and Hospitals and shall perform and exercise their powers,14 SB NO. 171 ENROLLED
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duties, functions, and responsibilities as otherwise provided by law:1
* * *2
(10) The Louisiana Standards for Water Works Construction,3
Operation, and Maintenance Committee (R.S. 40:4.13).4
* * *5
Section 2. R.S. 40:4.13 is hereby enacted to read as follows:6
§4.13. Water systems; National Primary Drinking Water Regulations; 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, with proper operation and maintenance, is incapable of attaining14
compliance with the National Primary Drinking Water Regulations without the15
modification. For the purposes of this Section, "National Primary Drinking16
Water Regulations" means those requirements defined in 40 CFR 141 and 4017
CFR 142.16(b).18
B.(1) A sanitary survey of a public water system shall be conducted only19
to ensure compliance with the National Primary Drinking Water Regulations20
and the state Sanitary Code requirements.21
(2) The state health officer or the office of public health of the22
Department of Health and Hospitals shall classify as a significant deficiency23
only a defect in design, operation, or maintenance, or a failure or malfunction24
of the sources, treatment, storage, or distribution system that is causing, or may25
reasonably be expected to cause, the introduction of contamination into the26
water delivered to consumers.27
C.(1) The state health officer and the office of public health of the28
Department of Health and Hospitals shall use the Recommended Standards for29
Water Works, the "Ten State Standards", promulgated by the Great Lakes and30 SB NO. 171 ENROLLED
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Upper Mississippi Board of State Sanitary Engineers only as a guide in the1
review of plans and specifications submitted in connection with an application2
for a permit for a new public water supply system or in connection with the3
modification of an existing public water system. 4
(2) A permit for a public water supply system that complies with the5
National Primary Drinking Water Regulations shall be issued, whether or not6
such design adheres to the Ten State Standards.7
D.(1) The Louisiana Standards for Water Works Construction,8
Operation, and Maintenance Committee, hereinafter referred to as the9
"committee", shall be created within the Department of Health and Hospitals10
to develop standards to be placed in the state Sanitary Code for water works11
construction, operation, and maintenance.12
(2) No later than August 1, 2014, the office of public health of the13
Department of Health and Hospitals shall promulgate rules and regulations14
pursuant to the Administrative Procedure Act implementing the standards15
developed by the committee.16
(3) The committee shall be appointed as follows:17
(a) Two members appointed by the office of public health of the18
Department of Health and Hospitals.19
(b) Two members appointed by the Louisiana Municipal Association.20
(c) Two members appointed by the Louisiana Rural Water Association.21
(d) Two members appointed by the Police Jury Association of Louisiana.22
(e) Two members appointed by the Louisiana Engineering Society.23
(f) Two members appointed by the Louisiana public water suppliers, the24
Southwest Section of the American Water Works Association.25
(g) Two members appointed by the Louisiana public water suppliers, the26
National Association of Water Companies.27
(h) Two members appointed by the Louisiana Section of the American28
Society of Civil Engineers.29
(i) One member appointed by the Louisiana Environmental Action30 SB NO. 171 ENROLLED
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Network.1
(4) The assistant secretary of the office of public health of the2
Department of Health and Hospitals shall appoint one of its two appointees to3
the committee to serve as chairman of the committee. The chairman shall call4
the first meeting no later than September 1, 2013. The committee shall meet5
monthly until the requirements of Paragraph (D)(9) of this Section are6
complete. Thereafter, the committee shall meet quarterly. Additional meetings7
may be called by the chairman. The chairman shall call additional meetings if8
requested in writing by at least nine committee members.9
(5) Nine members of the committee physically present shall constitute a10
quorum and the presence of a quorum shall be required to transact the business11
of the committee.12
(6) The meetings of the committee shall be subject to the Louisiana Open13
Meetings Law.14
(7) The meetings of the committee shall be held at the Department of15
Health and Hospitals headquarters in Baton Rouge.16
(8) The office of public health of the Department of Health and Hospitals17
shall provide administrative assistance to and serve as staff for the committee.18
(9) The rules and regulations for the Louisiana Standards for Water19
Works Construction, Operation, and Maintenance shall not be promulgated20
until the proposed rules and regulations or changes thereto are approved by the21
Department of Health and Hospitals and approved by a majority vote of the22
committee.23
E. No provision of this Section shall prohibit the Department of Health24
and Hospitals from promulgating rules pursuant to the Administrative25
Procedure Act to secure or maintain from the United States Environmental26
Protection Agency primacy in drinking water regulation provided such rules27
shall be limited to only those rules required to secure or maintain such primacy.28
Section 3. This Act shall become effective upon signature by the governor or, if not29
signed by the governor, upon expiration of the time for bills to become law without signature30 SB NO. 171 ENROLLED
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by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: