SLS 14RS-361 ENGROSSED Page 1 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2014 SENATE BILL NO. 425 BY SENATORS CORTEZ, BROOME, DORSEY-COLOMB, JOHNS AND MI LLS WATER/SEWER OPERATORS. Provides relative to private water supply or sewer system providers. (8/1/14) AN ACT1 To enact R.S. 33:42, relative to water and sewer systems; to provide relative to the operation2 and maintenance of certain water and sewer systems; to provide relative to required3 standards, including but not limited to chlorination and other standards; to provide4 for the failure to satisfy such standards and the effects of such failure; to authorize5 certain actions by a political subdivision; to provide certain definitions, terms,6 conditions, and procedures; and to provide for related matters.7 Be it enacted by the Legislature of Louisiana:8 Section 1. R.S. 33:42 is hereby enacted to read as follows: 9 ยง42. Private water supply and sewer systems; failure to meet certain10 standards; effects11 A. As used in this Section, "political subdivision" shall mean a political12 subdivision of a parish having a population greater than two hundred thousand13 but less than two hundred and thirty thousand according to the latest federal14 census.15 B. A private water supply or sewer system provider serving the residents16 of a political subdivision as defined in this Section shall comply with all17 SB NO. 425 SLS 14RS-361 ENGROSSED Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. applicable health standards set forth in law and regulation, including standards1 relative to chlorination , and shall require iron and manganese control for such2 water systems.3 (1) In addition to any other penalty or liability authorized by law that4 may be imposed upon a private water supply or sewer system provider who fails5 to meet applicable health standards, a political subdivision may by ordinance6 adopt a remediation charge to be imposed in accordance with such conditions7 and in such an amount as the political subdivision may determine.8 (2) The remediation charge shall be utilized by the political subdivision9 solely to ensure that the services provided by the private water supply or sewer10 system provider are in compliance with law and regulation, and that the health11 and safety of residents of the political subdivision are protected against harm.12 (3) In order to protect public health and safety, a private water supply13 or sewer system provider who within a consecutive twelve month period is14 penalized by the state or political subdivision at least three separate times due15 to failure to comply with applicable laws and regulations concerning health16 standards shall forfeit such system to the political subdivision in addition to any17 other penalty.18 The original instrument was prepared by Jerry G. Jones. The following digest, which does not constitute a part of the legislative instrument, was prepared by Dawn Romero Watson. DIGEST Cortez (SB 425) Proposed law provides relative to private water or sewer system providers. Proposed law defines "political subdivision" for its purposes as a political subdivision of a parish having a population greater than two hundred thousand but less than two hundred and thirty thousand according to the latest federal census. Proposed law provides that a private water supply or sewer system provider serving the residents of a political subdivision as defined in the proposed law shall comply with all applicable health standards set forth in law and regulation, including standards relative to chlorination. Also provides that the private water supply system provider is required to have iron and manganese controls for such water systems. Proposed law provides that in addition to any other penalty or liability authorized by law that may be imposed upon a private water supply or sewer system provider who fails to meet SB NO. 425 SLS 14RS-361 ENGROSSED Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. applicable health standards, a political subdivision may by ordinance adopt a remediation charge to be imposed in accordance with such conditions and in such an amount as the political subdivision may determine. Proposed law provides that the remediation charge shall be utilized by the political subdivision solely to ensure that the services provided by the private water supply or sewer system provider are in compliance with law and regulation, and that the health and safety of residents of the political subdivision are protected against harm. Proposed law provides that in order to protect public health and safety, a private water or sewer system provider who within a consecutive twelve month period is penalized by the state or political subdivision at least three separate times due to failure to comply with applicable laws and regulations concerning health standards shall forfeit such system to the political subdivision in addition to any other penalty. Effective August 1, 2014. (Adds R.S. 33:42) Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Local and Municipal Affairs to the original bill 1. Adds requirement of iron and manganese controls.