Donahue (SB 171) Act No. 292
New law provides neither the state health officer nor the office of public health of the
Department of Health and Hospitals (DHH) 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 demonstrates that such public
water system is incapable, with proper operation and maintenance, of attaining compliance
with the National Primary Drinking Water Regulations without the modification. New law
provides "National Primary Drinking Water Regulations" means the maximum contaminant
levels and the maximum residual disinfectant levels as defined in federal regulations.
New law provides a sanitary survey of a public water system shall be conducted only to
ensure compliance with the National Primary Drinking Water Regulations and the state
Sanitary Code requirements.
New 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.
New law provides the state health officer and the office of public health shall use the
Recommended Standards for Water Works (the Ten State Standards) promulgated by the
Great Lakes and Upper Mississippi Board of State Sanitary Engineers 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. New 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.
New law provides a public water supply system permit shall be issued for a design that
complies with the National Primary Drinking Water Regulations, whether or not such design
comports to the Ten State Standards.
New law creates the Louisiana Standards for Water Works Construction, Operation, and
Maintenance Committee within DHH to develop standards to be placed in the state Sanitary
Code for water works construction, operation, and maintenance.
Requires the office of public health to promulgate rules and regulations pursuant to the APA
implementing the standards developed by the committee no later than August 1, 2014.
New law provides for appointment of committee members as follows:
(1)Two members appointed by the office of public health.
(2)Two members appointed by the La. Municipal Association.
(3)Two members appointed by the La. Rural Water Association.
(4)Two members appointed by the Police Jury Association of La.
(5)Two members appointed by the La. Engineering Society.
(6)Two members appointed by the La. public water suppliers, the Southwest Section of
the American Water Works Association.
(7)Two members appointed by the La. public water suppliers, the National Association
of Water Companies.
(8)Two members appointed by the La. Section of the American Society of Civil
Engineers.
(9)One member appointed by the La. Environmental Action Network.
Requires the assistant secretary of the office of public health to appoint one of its two
appointees to the committee to serve as chairman of the committee who is to call the first
meeting no later than September 1, 2013. Requires that all meetings are subject to the Open
Meetings Law and that they be held at DHH's headquarters in Baton Rouge.
Requires the office of public health to provide administrative assistance to and serve as staff
for the committee. New law requires that rules and regulations for the Louisiana Standards for Water Works
Construction, Operation, and Maintenance not be promulgated until the proposed rules and
regulations or changes are approved by DHH and approved by a majority vote of the
committee.
New law does not prohibit DHH from promulgating rules pursuant to the APA to secure or
maintain from the United States Environmental Protection Agency primacy in drinking water
regulation provided the rules are to be limited to only those rules required to secure or
maintain the Agency's primacy.
Effective upon signature of the governor (June 14, 2013).
(Adds R.S. 36:259(D)(10) and R.S. 40:4.13)