02/25/2010 08:00 AM House COMMUNITY & REGIONAL AFFAIRS

            HB 318-UNREGULATED POTABLE WATER SYSTEMS                                                                        
                                                                                                                                
9:55:10 AM                                                                                                                    
                                                                                                                                
CO-CHAIR HERRON announced that the  final order of business would                                                               
be  HOUSE  BILL NO.  318,  "An  Act  relating  to public  use  of                                                               
unregulated water systems."                                                                                                     
                                                                                                                                
9:55:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HARRIS,  speaking as  sponsor of HB  318, informed                                                               
the  committee  that  the  community   of  Salcha  had  expressed                                                               
concerns  regarding a  public  water  system in  the  area.   The                                                               
legislation attempts to address this matter.                                                                                    
                                                                                                                                
9:56:48 AM                                                                                                                    
                                                                                                                                
PETE   FELLMAN,  Staff,   Representative  Harris,   Alaska  State                                                               
Legislature, speaking on behalf of  the sponsor, pointed out that                                                               
the  committee packet  includes a  proposed committee  substitute                                                               
(CS) that corrects a drafting error  on page 1, lines 13-14, such                                                               
that it would define "public water  system" as follows:  "means a                                                               
system for the provision of water  to the public for human use or                                                               
consumption".                                                                                                                   
                                                                                                                                
9:57:43 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  HERRON moved  to adopt  CSHB 318,  Version 26-LS1357\R,                                                               
Bullard,  1/29/10,  as the  working  document.   There  being  no                                                               
objection, Version R was before the committee.                                                                                  
                                                                                                                                
9:57:53 AM                                                                                                                    
                                                                                                                                
MR. FELLMAN  began by  relating that  water is  a basic  need and                                                               
right for  everyone in America.   However, it's a problem  if the                                                               
ability to obtain water revolves  around an unfunded mandate.  He                                                               
related that due to the  state adopting [federal] publications in                                                               
its  regulations,  the  state's   water  regulations  are  fairly                                                               
complicated.   In 1974 Congress  enacted the Safe  Drinking Water                                                               
Act  to protect  the  water  source and  to  protect people  from                                                               
potential  disease   from  the  water  source   and  the  systems                                                               
providing  the  water.   However,  that  Act became  an  unfunded                                                               
mandate, particularly for those  communities with a hardship that                                                               
can't afford  to upgrade  the water system.   Therefore,  in 1996                                                               
Congress  clarified language  [in  the Safe  Drinking Water  Act]                                                               
such that it  provided funds and guidance for  [water systems] at                                                               
the community level.                                                                                                            
                                                                                                                                
MR.  FELLMAN then  addressed the  definition of  a "public  water                                                               
system."   In the  Code of Federal  Regulations (CFR)  40 §141.2,                                                               
the term "public  water system" is defined as follows:   "means a                                                               
system  for  the provision  to  the  public  of water  for  human                                                               
consumption through  pipes or  other constructed  conveyances, if                                                               
such  system   has  at  least  fifteen   service  connections  or                                                               
regularly serves  an average of at  least twenty-five individuals                                                               
daily  for   at  least  60   days  out   of  that  year."     The                                                               
aforementioned  is  from  the Environmental  Protection  Agency's                                                               
(EPA) own document.   The question, he said,  revolves around the                                                               
"25  individuals daily"  language.   Referring to  e-mails Salcha                                                               
received  from  the   Department  of  Environmental  Conservation                                                               
(DEC), he  highlighted that originally  Salcha was told  that the                                                               
well would  be regulated if 25  or more individuals per  day used                                                               
the  well.   However,  the  department later  said  that the  use                                                               
couldn't  exceed 25  people  per month.    The EPA's  definition,                                                               
however,  clearly states  25 individuals  daily.   Therefore, the                                                               
interesting  thing  is  that  24 individuals  can  use  the  well                                                               
without  a problem,  but when  the count  reaches 25  individuals                                                               
it's of concern in terms of regulations.                                                                                        
                                                                                                                                
10:03:46 AM                                                                                                                   
                                                                                                                                
CO-CHAIR MUNOZ  asked whether the  25 individual standards  is an                                                               
EPA or DEC standard.                                                                                                            
                                                                                                                                
MR.  FELLMAN  explained that  when  Alaska  adopted CFR  40  into                                                               
Alaska law,  it became Alaska's  standard.  Therefore,  the state                                                               
must  meet the  minimum  standard  specified in  the  CFR or  can                                                               
implement a higher, more restrictive standard.                                                                                  
                                                                                                                                
10:04:36 AM                                                                                                                   
                                                                                                                                
MR.  FELLMAN then  turned  to the  definition  of a  "constructed                                                               
conveyance,"   which  under   EPA's  definition   means  "broadly                                                               
interpreted  to  refer as  a  manmade  conduit such  as  ditches,                                                               
culverts,  waterways,  flumes, mine  drains,  and  canals."   The                                                               
language  although  speaking  about transferring  water,  doesn't                                                               
speak to wells.                                                                                                                 
                                                                                                                                
10:06:36 AM                                                                                                                   
                                                                                                                                
MR.  FELLMAN  opined  that  upon   researching  this  issue  with                                                               
Salcha's  well, it  seems that  DEC had  the opportunity  to give                                                               
variances under federal  law rather than shutting  down the well.                                                               
Mr. Fellman  emphasized:   "This well  has never  tested positive                                                               
for anything, but under federal  law, which we adopt, they'll set                                                               
standards  for allowable  contaminants and  let people  drink it.                                                               
But, here  we have a  well that has  had no contaminants,  and we                                                               
can't let it be used by the public."                                                                                            
                                                                                                                                
[HB 318 was held over.]