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Regular Session, 2014 ENROLLED
SENATE BILL NO. 341
BY SENATOR DONAHUE
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; to provide for3
the powers, duties, functions, and responsibilities of the Louisiana Standards for4
Water Works Construction, Operation, and Maintenance Committee; and to provide5
for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:4.13 is hereby amended and reenacted to read as follows: 8
ยง4.13. Water systems; National Primary Drinking Water Regulations; sanitary9
survey; use of Ten State Standards10
A. Neither the state health officer nor the office of public health of the11
Department of Health and Hospitals shall promulgate a rule or take action requiring12
the modification of an existing community water system in operation before August13
1, 2013, unless the state health officer or the office of public health of the14
Department of Health and Hospitals demonstrates that such public water system,15
with proper operation and maintenance, is incapable of attaining compliance with the16
National Primary Drinking Water Regulations without the modification. For the17
purposes of this Section, "National Primary Drinking Water Regulations" means18
those such requirements defined in 40 CFR 141 and 40 CFR 142.16(b).19
B.(1) A sanitary survey of a public water system shall be conducted only to20
ensure compliance with the National Primary Drinking Water Regulations and the21
state Sanitary Code requirements.22
(2) The state health officer or the office of public health of the Department23
of Health and Hospitals shall classify as a significant deficiency only a defect in24
design, operation, or maintenance, or a failure or malfunction of the sources,25
ACT No. 488 SB NO. 341 ENROLLED
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treatment, storage, or distribution system that is causing, or may reasonably be1
expected to cause, the introduction of contamination into the water delivered to2
consumers.3
C.(1) The state health officer and the office of public health of the4
Department of Health and Hospitals shall use the Recommended Standards for Water5
Works, the "Ten State Standards", promulgated by the Great Lakes and Upper6
Lakes-Upper Mississippi River Board of State Sanitary Engineers and Provincial7
Public Health and Environmental Managers only as a guide in the review of plans8
and specifications submitted in connection with an application for a permit for a new9
public water supply system or in connection with the modification of an existing10
public water system.11
(2) A permit for a public water supply system that complies with the National12
Primary Drinking Water Regulations shall be issued, whether or not such design13
adheres to the Ten State Standards.14
D.(1) The Louisiana Standards for Water Works Construction, Operation, and15
Maintenance Committee, hereinafter referred to as the "committee", shall be created16
within the Department of Health and Hospitals to develop standards to be placed in17
the state Sanitary Code for water works construction, operation, and maintenance18
and approve rules and regulations to repeal, revise, or replace 51:XII Chapters19
1 and 3. Such rules and regulations shall include but not be limited to rules and20
regulations for waterworks construction, operation, and maintenance and the21
list of significant deficiencies contemplated in Paragraph (B)(2) of this Section.22
The committee shall not repeal, revise, or replace LAC 51:XII Chapters 523
through 19, which shall continue to be revised as necessary by the state health24
officer in accordance with the Administrative Procedure Act.25
(2) No later than August 1, 2014, the The office of public health of the26
Department of Health and Hospitals shall promulgate rules and regulations pursuant27
to the Administrative Procedure Act implementing the standards developed by the28
committee.29
(3) The committee shall be appointed as follows:30 SB NO. 341 ENROLLED
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(a) Two Three members appointed by the office of public health of the1
Department of Health and Hospitals.2
(b) Two members appointed by the Louisiana Municipal Association.3
(c) Two members appointed by the Louisiana Rural Water Association.4
(d) Two members appointed by the Police Jury Association of Louisiana.5
(e) Two members appointed by the Louisiana Engineering Society.6
(f) Two members appointed by the Louisiana public water suppliers, the7
Southwest Section of the American Water Works Association.8
(g) Two members appointed by the Louisiana public water suppliers, the9
National Association of Water Companies.10
(h) Two members appointed by the Louisiana Section of the American11
Society of Civil Engineers.12
(i) One member appointed by the Louisiana Environmental Action Network.13
(4) The assistant secretary of the office of public health of the Department of14
Health and Hospitals shall appoint one of its two appointees to the committee to15
serve as chairman of the committee. The chairman shall call the first meeting no later16
than September 1, 2013. The committee shall meet monthly until the requirements17
of Paragraph (D)(9) of this Section are complete until the committee-approved18
rules and regulations are promulgated. Thereafter, the committee shall meet19
quarterly. Additional meetings may be called by the chairman. The chairman shall20
call additional meetings if requested in writing by at least nine committee members.21
(5) Nine members of the committee physically present shall constitute a22
quorum and the presence of a quorum shall be required to transact the business of the23
committee.24
(6) The meetings of the committee shall be subject to the Louisiana Open25
Meetings Law.26
(7) The meetings of the committee shall be held at the Department of Health27
and Hospitals headquarters in Baton Rouge.28
(8) The office of public health of the Department of Health and Hospitals29
shall provide administrative assistance to and serve as staff for the committee.30 SB NO. 341 ENROLLED
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(9) The rules and regulations for the Louisiana Standards for Water Works1
Construction, Operation, and Maintenance shall not be promulgated until the2
proposed rules and regulations or changes thereto are approved by the Department3
of Health and Hospitals and approved by a majority vote of the committee.4
E. No provision of this Section shall prohibit the Department of Health and5
Hospitals from promulgating rules pursuant to the Administrative Procedure Act to6
secure of maintain from the United States Environmental Protection Agency primacy7
in drinking water regulation provided such rules shall be limited to only those rules8
required to secure or maintain such primacy. The committee shall, at a minimum,9
approve rules and regulations pursuant to Subsection D of this Section10
necessary for the state of Louisiana to maintain drinking water program11
primacy from the United States Environmental Protection Agency. The12
Department of Health and Hospitals shall promulgate, pursuant to the13
Administrative Procedure Act, only such committee approved rules and14
regulations and only as necessary to secure or maintain such primacy.15
Section 2. This Act shall become effective upon signature by the governor16
or, if not signed by the governor, upon expiration of the time for bills to become law17
without signature by the governor, as provided by Article III, Section 18 of the18
Constitution of Louisiana. If vetoed by the governor and subsequently approved by19
the legislature, this Act shall become effective on the day following such approval.20
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: