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 that 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,
with proper operation and maintenance, is incapable of attaining compliance with the National
Primary Drinking Water Regulations without the modification. For the purposes of present law,
"National Primary Drinking Water Regulations" means those requirements defined in 40 CFR
141 and 40 CFR 142.16(b).
Present law further provides the prerequisite for conducting a sanitary survey of a public water
system shall be conducted, and provides that the state health officer or the office of public health
shall classify as a significant deficiency only a defect in design, operation, or maintenance, or a
failure or malfunction of the sources, treatment, storage, or distribution system that is causing, or
may reasonably be expected to cause, the introduction of contamination into the water delivered
to consumers.
Present law requires the state health officer and the office of public health to 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. Further provides that a permit for a public water supply system that complies with the
National Primary Drinking Water Regulations shall be issued, whether or not such design
adheres to the Ten State Standards.
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.
Present law provides that no provision shall prohibit DHH from promulgating rules pursuant to
the Administrative Procedure Act to secure or maintain from the United States Environmental
Protection Agency primacy in drinking water regulation provided such rules shall be limited to only those rules required to secure or maintain such primacy.
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)