1997-01-15                     House Journal                      Page 0069
HB 71                                                                        
HOUSE BILL NO. 71 by the House Rules Committee by request of                   
the Governor, entitled:                                                        
                                                                               
An Act relating to administrative penalties for violation of public           
water supply system requirements; amending Alaska Rule of Civil                
Procedure 82 regarding attorney's fees; and providing for an                   
effective date.                                                                
                                                                               
was read the first time and referred to the Resources, Judiciary and           
Finance Committees.                                                            
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal note, Dept. of Environmental Conservation, 1/15/97                 
Zero fiscal note, Dept. of Law, 1/15/97                                        
                                                                               
The Governor's transmittal letter, dated January 15, 1997, appears             
below:                                                                         
                                                                               
Dear Speaker Phillips:                                                         
                                                                               
Safe drinking water is essential to the health and well-being of any           
community.  As part of my ongoing effort to build healthy                      
communities in Alaska, this Administration is dedicated to ensuring            
our public water systems meet all health requirements.  In order to            
meet that goal, it is important that the state retain control over             
enforcement of the federal drinking water program.  Losing that                
control would lead to the loss of federal construction funds for               
drinking water systems -- something we cannot afford to see happen,            
particularly for rural Alaska.                                                 

1997-01-15                     House Journal                      Page 0070
HB 71                                                                        
This bill will guarantee the state maintains its control over drinking         
water programs by complying with a recent change to the federal Safe           
Drinking Water Act which mandates the state have administrative                
penalties for violations of public water supply system requirements.           
This bill appropriately places the administrative penalty authority with       
the Department of Environmental Conservation (DEC).                            
                                                                               
The authority to impose administrative penalties is a more efficient and       
cost-effective way to enforce important public health laws.  Presently,        
the state must initiate a lawsuit in order to impose a civil assessment        
for a violation of requirements for public water supply systems.  Legal        
costs for a court action potentially far exceed the costs involved in an       
administrative hearing and any related appeal.                                 
                                                                               
Enacting administrative penalty authority is essential if the state is to      
receive this important federal funding for improvement of Alaska               
public drinking water systems.  Maintaining Alaskas primary                    
enforcement authority for the federal drinking water program provides          
maximum flexibility and local control over this program while at the           
same time working to ensure the safety of Alaskas public water                 
supply systems.                                                                
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor