RÉSUMÉ DIGEST
ACT 98 (SB 129) 2021 Regular Session Fred Mills
Prior law provided 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. New 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. New law provides that
rate adjustments pursued pursuant to the plan are subject to approval by the appropriate rate
setting authority.
New 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.
New 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.
New 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. New
law provides for the assignment of a letter grade of "A", "B", "C", "D", or "F".
News 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.
New 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.
New 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. New 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
new law.
New 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.
New law provides that LDH shall publish the first letter grades no later than January 1, 2023.
New 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.
Prior law provided 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. Prior law established the Louisiana Standards for Water Works
Construction, Operation, and Maintenance Committee and provide for the duties,
membership, and meetings of the committee. New law repeals prior 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)