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 ยง141.2, 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.]