The original instrument was prepared by Brandi Cannon. The following digest, which
does not constitute a part of the legislative instrument, was prepared by Christine
Arbo Peck.
DIGEST
SB 129 Reengrossed 2021 Regular Session Fred Mills
Present law provides for the remedies available to the state health officer for the enforcement of
public drinking water laws and regulations relative to public water including administrative
compliance orders, civil penalties, and civil actions for injunctions and to place a public water
system in receivership. Proposed law requires a receiver, within 90 days after appointment, to
develop and submit an improvement plan to the La. Dept. of Health (LDH) for approval, and
provides for the content of the improvement plan. Proposed law provides that rate adjustments
pursued pursuant to the plan are subject to approval by the appropriate rate setting authority.
Proposed law creates the "Community Drinking Water Infrastructure Sustainability Act" and
provides for legislative intent for development of a community water system accountability process
to provide public assurance that drinking water is of high quality with clear standards and
expectations of the community water system.
Proposed law defines "community water system" as a public water system that serves year-round
residents within a residential setting including systems serving municipalities, water districts,
subdivisions, and mobile home parks.
Proposed law provides that LDH will implement a statewide accountability system that assesses
letter grades to community water systems based on a clear and appropriate point value assigned, at
a minimum, for federal water quality violation history, state violation history, water system financial
sustainability, operation and maintenance performance history, infrastructure violations, customer
satisfaction, and level of secondary contaminants. Proposed law provides for the assignment of a
letter grade of "A", "B", "C", "D", or "F".
Proposed law provides that LDH shall publish scores and letter grades earned by each community
water system on its website in a frequency and duration established by LDH in rulemaking.
Proposed law provides that any community water system that receives a letter grade of "D" or "F"
shall be considered operationally unacceptable and may be subject to present law enforcement
actions including administrative compliance orders, civil actions, and court appointed receivership,
oversight of federal or state grant funding by an auditor approved by the legislative auditor, or being
placed on notice to the State Bond Commission, the Public Service Commission, and the attorney
general to prohibit the incurring of any additional debt for anything not directly related to the water
system.
Proposed law provides that no local governing authority that operates a community water system that
receives a grade of "D" or "F" shall expend any money raised through payments made by customers for access to water or from any other water system revenue for any item, debt payment, or public
purpose other than the improvement and sustainability of the community water system. Proposed law
shall not be construed to prohibit the payment of bonded indebtedness secured by the water system's
revenue incurred prior to the effective date of proposed law.
Proposed law provides that a community water system with an "F" or "D" grade shall not be denied
access to funding to improve or sustain the community water system based solely on the grade.
Proposed law provides that LDH shall publish the first letter grades no later than January 1, 2023.
Proposed law provides that a community water system or local governing authority operating a
community water system receiving federal funds, including stimulus or relief payments or grants,
for the upgrade, repair, or otherwise replacement of the water system infrastructure shall submit a
detailed plan describing how the federal funds will be used to LDH.
Present law provides that LDH shall promulgate a rule or take action requiring the modification of
an existing community water system in operation before August 1, 2013, only if LDH demonstrates
that the public water system is incapable of attaining compliance with the National Primary Drinking
Water Regulations without the modification and provides for permits for a new public water supply
system or in connection with the modification of an existing public water system. Present law
establishes the Louisiana Standards for Water Works Construction, Operation, and Maintenance
Committee and provides for the duties, membership, and meetings of the committee. Proposed law
repeals present law.
Effective August 1, 2021.
(Amends R.S. 40:5.9(C)(4) and (5); adds R.S. 40:5.9(C)(6), 5.9.1, and 5.9.2; repeals R.S.
36:259(B)(9) and R.S. 40:4.13)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Make technical changes.
2. Provide that rate adjustments are subject to approval by the appropriate rate setting
authority.
3. Provide that a community water system with an "F" or "D" grade shall not be denied
access to funding to improve or sustain the community water system based solely on
the grade.