Legislature(2005 - 2006)CAPITOL 124
02/06/2006 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HB360 | |
| HB380 | |
| HB395 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 360 | TELECONFERENCED | |
| *+ | HB 380 | TELECONFERENCED | |
| *+ | HB 395 | TELECONFERENCED | |
HB 360-REGULATION OF PUBLIC DRINKING WATER CO-CHAIR RAMRAS announced that the first order of business would be HOUSE BILL NO. 360, "An Act relating to the regulation of public accommodation water supply systems." REPRESENTATIVE KEVIN MEYER, Alaska State Legislature, sponsor of HB 360, said there is a lack of monitoring and regulating public drinking water systems that serve 25 people or less. He said publicly used wells are monitored if they serve more than 25 people. He gave examples of trailer parks, daycare facilities and assisted living homes, which often have fewer than 25 people. He said it is a public health concern. 1:08:32 PM REPRESENTATIVE LEDOUX asked how the bill will impact villages. REPRESENTATIVE GATTO asked if a fourplex is a public facility. REPRESENTATIVE MEYER said the definition of public is in statute. A fourplex would be considered private, but a private residency used as a bed and breakfast would be considered public. REPRESENTATIVE LEDOUX asked if a duplex would apply. REPRESENTATIVE MEYER said a rental property does not apply, unless it serves more than 25 people. The definition of public accommodation is pretty broad, he noted. CO-CHAIR SAMUELS read the statutory definition of public accommodation. 1:12:33 PM REPRESENTATIVE MEYER said there are many wells in Anchorage. JERRI VAN SANDT, Division of Public Health, Department of Health and Social Services, said she is speaking for the director of the Division of Public Health. She said the division supports HB 360 because it provides clear authority to protect the public by reviewing water supplies for small facilities. She said that those involved with certification licensing don't want to be in the water inspection business; it is outside of their scope and expertise. The bill will clarify that the Department of Environmental Conservation has the authority to inspect water systems, and problems can then be communicated to the Division of Public Health and dealt with through licensing. KRISTIN RYAN, Director, Division of Environmental Health, Department of Environmental Conservation (DEC), said that the regulation of public water systems falls within the Division of Environmental Health, and it is limited to systems serving more than 25 people. The systems falling through the cracks are the facilities with 25 people or less that provide services to the public, she said. She noted that there is often an assumption that water is safe to drink at places like day care centers and gas stations, for example. She said there are problems in restaurants because the division can regulate many of them for food but not for water. She stated that the regulations would not include residential units such as homes, apartments or duplexes. The intent is to get to facilities that provide services to the public. She said it has been "buyer beware" for renters or homeowners. 1:17:22 PM REPRESENTATIVE LEDOUX asked about the cost to private industry. MS. RYAN said she estimates that there are about 3,000 facilities in Alaska that will be affected by the legislation, which requires an annual test of nitrate and coliform. The tests cost about $30 each, she said. If the drinking water source is surface water, the division would require the system to be designed by an engineer with those associated costs. CO-CHAIR SAMUELS surmised that there will be no impact for businesses on the Anchorage Water and Wastewater Utility system. MS. RYAN said those water systems are regulated by an elaborate federal system. CO-CHAIR SAMUELS asked if there have been any problems that created an impetus for the legislation. MS. RYAN said there have been outbreaks from waterborne diseases around the globe. It is the number-one reason that children die in the world. She said there are no instances in Alaska that she is familiar with, but she said people have died of E. coli from private wells in other states. CO-CHAIR SAMUELS asked about noncompliance. MS. RYAN said the samples would be required and tested at DEC- approved facilities. It would fall to DEC to deal with any noncompliance. For a sample with a health concern, DEC will issue a boil-water notice immediately. If a facility is not sampling, DEC will do incremental enforcement, initially issuing a notice of violation. She noted that the standard practice of DEC is to help people comply. 1:22:37 PM CO-CHAIR RAMRAS asked about a fourplex with a daycare. MS. RYAN said a daycare would be providing a service and would need to comply. 1:23:34 PM MS. RYAN said when DEC was created it was required to regulate public water systems. She said then the federal government tightened up its definition of what public water system meant, and it included nearly everything. At that point the state decided to take on its own regulation and funding for the smaller systems, including everything except single-family homes, but the funding was not sufficient. Four years ago reductions were made in the DEC budget, and this area was completely cut. This legislation brings back the funds and restricts regulations to places that serve the public. 1:26:03 PM REPRESENTATIVE LEDOUX asked about a village safe water program. MS. RYAN said that program constructs public water systems for rural Alaska communities, but they serve more than 25 people, so the bill will have no impact on such systems. 1:26:53 PM REPRESENTATIVE LEDOUX asked if all the houses in a community with a safe water system use that water. MS. RYAN said hopefully, but even in Anchorage there are thousands of people on private wells. She said there is a Wendy's Restaurant on a private well in the middle of Anchorage. CO-CHAIR SAMUELS asked about small one-person businesses that may have no knowledge of the bill passing. MS. RYAN said the intent is to regulate places that supply water to the public. 1:28:52 PM REPRESENTATIVE GATTO asked about testing lead and other heavy metals. MS. RYAN said DEC will only require tests for total coliform and nitrates; chronic contaminates aren't as much of a concern because the risks are lower. When the water is being tested for the required contaminants, people have the option to pay for testing of additional contaminants, she said. She added, "We really wanted to just capture the bare minimum, immediate health risk." 1:29:56 PM DENNIS WHEELER, Regulatory Commission of Alaska (RCA), said the RCA would not be involved in the systems described in HB 360. 1:31:16 PM CO-CHAIR SAMUELS moved to report HB 360 out of committee with individual recommendations and the accompanying fiscal notes. Hearing no objections, HB 360 was reported out of the House Resources Standing Committee. 1:32:02 PM
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