Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB425 Engrossed / Bill

                    SLS 14RS-361	ENGROSSED
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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
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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.