1997-01-15                     Senate Journal                      Page 0052
SB 50                                                                        
SENATE BILL NO. 50 BY THE SENATE 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 Community and Regional             
Affairs, Judiciary and Finance Committees.                                     
                                                                               
Zero fiscal notes published today from Department of Law,                      
Department of Environmental Conservation.                                      
                                                                               
Governor's transmittal letter dated January 15, 1997:                          
                                                                               
Dear President Miller:                                                         
                                                                               
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           
                                                                               

1997-01-15                     Senate Journal                      Page 0053
SB 50                                                                        
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.                                                 
                                                                               
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