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Regular Session, 2014
SENATE BILL NO. 341
BY SENATOR DONAHUE
SANITARY CODE. Provides for certain limitations relative to actions or rules requiring
modification of certain existing community water systems. (gov sig)
AN ACT1
To amend and reenact R.S. 40:4.13, relative to water systems; to provide for water system2
regulations; to provide for the promulgation of rules and regulations; and to provide3
for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:4.13 is hereby amended and reenacted to read as follows: 6
ยง4.13. 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 action requiring10
the modification of an existing community water system in operation before August11
1, 2013, unless the state health officer or the office of public health of the12
Department of Health and Hospitals demonstrates that such public water system,13
with proper operation and maintenance, is incapable of attaining compliance with the14
National Primary Drinking Water Regulations without the modification. For the15
purposes of this Section, "National Primary Drinking Water Regulations" means16
those such requirements defined in 40 CFR 141 and 40 CFR 142.16(b).17 SB NO. 341
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B.(1) A sanitary survey of a public water system shall be conducted only to1
ensure compliance with the National Primary Drinking Water Regulations and the2
state Sanitary Code requirements.3
(2) The state health officer or the office of public health of the Department4
of Health and Hospitals shall classify as a significant deficiency only a defect in5
design, operation, or maintenance, or a failure or malfunction of the sources,6
treatment, storage, or distribution system that is causing, or may reasonably be7
expected to cause, the introduction of contamination into the water delivered to8
consumers.9
C.(1) The state health officer and the office of public health of the10
Department of Health and Hospitals shall use the Recommended Standards for Water11
Works, the "Ten State Standards", promulgated by the Great Lakes and Upper12
Mississippi Board of State Sanitary Engineers only as a guide in the review of plans13
and specifications submitted in connection with an application for a permit for a new14
public water supply system or in connection with the modification of an existing15
public water system.16
(2) A permit for a public water supply system that complies with the National17
Primary Drinking Water Regulations shall be issued, whether or not such design18
adheres to the Ten State Standards.19
D.(1) The Louisiana Standards for Water Works Construction, Operation, and20
Maintenance Committee, hereinafter referred to as the "committee", shall be created21
within the Department of Health and Hospitals to develop standards to be placed in22
the state Sanitary Code for water works construction, operation, and maintenance23
and approve rules and regulations to repeal and replace LAC 51:XII and to24
revise such rules and regulations. Such rules and regulations shall include but25
not be limited to rules and regulations for waterworks construction, operation,26
and maintenance and the list of significant deficiencies contemplated in27
Paragraph (B)(2) of this Section.28
(2) No later than August 1, 2014, the The office of public health of the29 SB NO. 341
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Department of Health and Hospitals shall promulgate rules and regulations pursuant1
to the Administrative Procedure Act implementing the standards developed by the2
committee repealing and replacing LAC 51:XII.3
(3) The committee shall be appointed as follows:4
(a) Two members appointed by the office of public health of the Department5
of Health and Hospitals.6
(b) Two members appointed by the Louisiana Municipal Association.7
(c) Two members appointed by the Louisiana Rural Water Association.8
(d) Two members appointed by the Police Jury Association of Louisiana.9
(e) Two members appointed by the Louisiana Engineering Society.10
(f) Two members appointed by the Louisiana public water suppliers, the11
Southwest Section of the American Water Works Association.12
(g) Two members appointed by the Louisiana public water suppliers, the13
National Association of Water Companies.14
(h) Two members appointed by the Louisiana Section of the American15
Society of Civil Engineers.16
(i) One member appointed by the Louisiana Environmental Action Network.17
(4) The assistant secretary of the office of public health of the Department of18
Health and Hospitals shall appoint one of its two appointees to the committee to19
serve as chairman of the committee. The chairman shall call the first meeting no later20
than September 1, 2013. The committee shall meet monthly until the requirements21
of Paragraph (D)(9) of this Section are complete until the committee approved22
rules and regulations are promulgated. Thereafter, the committee shall meet23
quarterly. Additional meetings may be called by the chairman. The chairman shall24
call additional meetings if requested in writing by at least nine committee members.25
(5) Nine members of the committee physically present shall constitute a26
quorum and the presence of a quorum shall be required to transact the business of the27
committee.28
(6) The meetings of the committee shall be subject to the Louisiana Open29 SB NO. 341
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Meetings Law.1
(7) The meetings of the committee shall be held at the Department of Health2
and Hospitals headquarters in Baton Rouge.3
(8) The office of public health of the Department of Health and Hospitals4
shall provide administrative assistance to and serve as staff for the committee.5
(9) The rules and regulations for the Louisiana Standards for Water Works6
Construction, Operation, and Maintenance shall not be promulgated until the7
proposed rules and regulations or changes thereto are approved by the Department8
of Health and Hospitals and approved by a majority vote of the committee.9
E. No provision of this Section shall prohibit the Department of Health and10
Hospitals from promulgating committee-approved rules and regulations pursuant11
to the Administrative Procedure Act to secure or maintain from the United States12
Environmental Protection Agency primacy in drinking water regulation provided13
such rules shall be limited to only those rules required to secure or maintain such14
primacy.15
Section 2. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Donahue (SB 341)
Present law provides for the creation of 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. Further provides that no later than August 1, 2014, the office of public health
shall promulgate rules and regulations pursuant to the Administrative Procedure Act
implementing the standards developed by the committee. Further provides for the
membership of the committee, and provides for the calling of the first meeting and for
quorum requirements. Further provides for compliance with the Open Meetings Law and for
location of meetings of the committee. Further provides for administrative support.
Proposed law amends present law to provide for the creation of the Louisiana Standards for SB NO. 341
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Water Works Construction, Operation, and Maintenance Committee within DHH to develop
and approve rules and regulations to repeal and replace LAC 51:XII and to revise such rules
and regulations. Such rules and regulations shall include but not limited to rules and
regulations for water works constructions, operation, and maintenance and the list of
significant deficiencies contemplated in present law. The office of public health shall
promulgate rules and regulations pursuant to the Administrative Procedure Act repealing and
replacing LAC 51:XII implementing the standards developed by the committee.
Present law provides the rules and regulations for the Louisiana Standards for Water Works
Construction, Operation, and Maintenance shall not be promulgated until the proposed rules
and regulations or changes thereto are approved by DHH and approved by a majority vote
of the committee. Proposed law deletes this provision.
Proposed law makes technical changes to present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends 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 the deadline date to promulgate the rules and regulations.
2. Removes the requirement that the rules and regulations be promulgated after
the Louisiana Standards for Water Works Construction, Operation, and
Maintenance Committee and DHH approve such rules and regulations.
3. Requires the promulgation of rules and regulations to repeal and replace
LAC 51:XII.