The legislative instrument and the following digest, which constitutes no part of
the legislative instrument, were prepared by Jerry Jones.
CONFERENCE COMMI TTEE REPORT DIGEST
Senate Bill No. 425 by Senator Cortez
Keyword and summary of the bill as proposed by the Conference Committee
WATER/SEWER OPERATORS. Provides relative to certain water supply and sewer systems
providers. (8/1/14)
Report adopts House amendments to:
1. Amend title and provide relative to compliance with applicable standards.
Report rejects House amendments which would have:
1. Added provisions relative to parishes with a population of not less than one
hundred seven thousand persons and not more than one hundred ten thousand
persons.
Report amends the bill to:
1. Revise language relative to privately owned public water supply or sewer system
providers, and provide for imposition of a fine under certain circumstances.
2. Enact new law providing that the office of public health of DHH shall promulgate
and adopt rules in accordance with the APA to implement iron and manganese
control requirements for water systems.
Digest of the bill as proposed by the Conference Committee
Proposed law provides relative to privately owned public water supply or sewer system
providers.
Proposed law provides that it shall apply to any political subdivision within 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 privately owned public water supply or sewer system provider
serving the residents of a political subdivision as set forth in the proposed law shall comply with
all applicable standards set forth in law and regulation, including standards relative to
chlorination and iron and manganese control of drinking water and disinfection of waste water
discharged in compliance with such sewer system provider's permit, rules, regulations, and laws
governing the operation of such sewer system provider.
Proposed law further provides that in addition to any other penalty or liability authorized by law
that may be imposed upon a privately owned public water supply or sewer system provider that
fails to meet applicable standards, a political subdivision may by ordinance adopt a remediation
charge to be imposed upon such a system operating therein in accordance with such conditions
and in such an amount as the political subdivision determines in order to implement the
provisions of the proposed law.
Proposed law also provides that a privately owned public water supply or sewer system provider
that is penalized by the state or political subdivision within which it operates at least two separate
times within a consecutive twelve-month period due to failure to comply with applicable laws
and regulations relative to water supply or wastewater treatment and discharge shall, upon the
request of the governing authority of the political subdivision, transfer such system to the
political subdivision for just compensation or be subject to receivership pursuant to R.S.
30:2075.3 or R.S. 40:5.9. Such a transfer shall be subject to applicable rules, regulations, and
laws governing the transfer of a permit, license, or certificate for a privately owned public water
supply or sewer system provider and shall be subject to approval by the Public Service
Commission.
Proposed law provides that the Department of Health and Hospitals shall provide technical
assistance concerning iron and manganese issues to privately owned public water supply
providers to pursue possible solutions such as installing new wells with greater depths and to
assist impacted populations to resolve their drinking water issues.
Proposed law further provides that privately owned public water supply providers that have on-
site water filtration systems shall be required to maintain and utilize such systems. Any privately
owned public water supply provider that fails to maintain and utilize any such system shall be
subject to a fine by the Department of Health and Hospitals of one thousand dollars per day until
the system is maintained and utilized.
Proposed law provides that it shall not apply to any privately owned public water supplier or
sewer system provider who, on January 1, 2014, conducted operations in three or fewer parishes.
However, it shall apply to any privately owned public water supplier or sewer system provider
who, on January 1, 2014, conducted operations in more than three parishes.
Proposed law further provides that the office of public health of the Department of Health and
Hospitals shall promulgate and adopt rules in accordance with the Administrative Procedure Act
to implement iron and manganese control requirements for water systems. Effective August 1, 2014.
(Adds R.S. 33:42 and R.S. 40:4.15)