2016 -- H 8127

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LC005778

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO WATERS AND NAVIGATION - LEAD AND COPPER DRINKING WATER

PROTECTION ACT

     Introduced By: Representatives Naughton, Shekarchi, Handy, Carson, and Kennedy

     Date Introduced: April 29, 2016

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is

hereby amended by adding thereto the following chapter:

CHAPTER 13.3

LEAD AND COPPER DRINKING WATER PROTECTION ACT

     46-13.3-1. Short title. -- This chapter shall be known and may be cited as the "Lead and

Copper Drinking Water Protection Act".

     46-13.3-2. Legislative findings. -- The general assembly hereby recognizes and declares

that:

     (1) Water is vital to life and comprises an invaluable natural resource which is not to be

abused by any segment of the state's population or its economy. It is the policy of this state to

restore, enhance, and maintain the chemical, physical, and biological integrity of its waters, to

protect public health, to safeguard fish and aquatic life and scenic and ecological values, and to

enhance the domestic, municipal, recreational, industrial, and other uses of water;

     (2) The groundwaters of this state are a critical renewable resource which must be

protected to insure the availability of safe and potable drinking water for present and future

needs;

     (3) It is a paramount policy of the state to protect the purity of present and future drinking

water supplies by protecting aquifers, recharge areas, and watersheds;

     (4) It is the policy of the state to restore and maintain the quality of groundwater to a

quality consistent with its use for drinking supplies and other designated beneficial uses, without

treatment, as feasible. All groundwaters of the state shall be restored to the extent practicable to a

quality consistent with this policy including strengthening our safe drinking water regulations

beyond what is required by the Safe Drinking Water Act (SDWA) 42 U.S.C. § 300f and/or by the

Environmental Protection Agency (EPA);

     (5) It is the policy of the state to assure the public that the state is taking all actions to

ensure that the risks from lead in the drinking water are addressed, and furthermore, that

compliance with the standards set for safe drinking water in the Lead and Copper Rule (LCR), 40

CFR Part 141 Subpart I, are met and/or exceeded.

     (6) It is the policy of the state to cooperate with the Environmental Protection Agency

(EPA) in its oversight responsibilities of state programs and address any deficiencies Rhode

Island may have in our current implementation of the Lead and Copper Rule (LCR) 40 CFR Part

141 Subpart I.

     (7) It is the policy of the state to provide public health communication and outreach to

residents on the steps taken to reduce exposures to lead and if levels in excess of those accepted

are detected, information relating to what corrective actions are undertaken to correct the water

quality.

     46-13.3-3. Definitions. -- The following words and phrases shall have the meanings

ascribed to them in this section, unless the context shall indicate another or different meaning or

intent:

     (1) "Aquifer" means a geologic formation, group of formations, or part of a formation

capable of yielding a significant amount of groundwater to wells, springs, or surface water.

     (2) "Bedrock" means the solid rock, commonly called "ledge," that forms the earth's

crust.

     (3) "Contaminant" means any physical, chemical, biological, or radiological substance or

matter in water which impairs its intended or feasible use.

     (4) "Degradation" means a deterioration or a decline in ambient water quality.

     (5) "Director" means the director of the department of health.

     (6) "Groundwater" means water found underground which completely fills the open

spaces between particles of sand, gravel, clay, silt, and consolidated rock fractures. The zone of

materials filled with groundwater is called the "zone of saturation".

     (7) "Groundwater recharge" means the processes of addition of water to the zone of

saturation, that zone beneath the water table.

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     (8) "Maximum contaminant level" means the maximum permissible level of a

contaminant present in the water determined at a point of entry into the distribution system and at

any point in the distribution system.

     (9) "Nondegradation" means maintenance of ambient water quality.

     (10) "Preventive action limit" means a specified percentage of a maximum contaminant

level.

     (11) "Public water supply system" means a system for the provision to the public of water

for human consumption through pipes or other constructed conveyances, if the system has at least

fifteen (15) service connections or regularly serves at least twenty-five (25) individuals daily at

least sixty (60) days out of the year;

     (12) "Recharge area" means an area in which water is absorbed that eventually reaches

the zone of saturation.

     (13) "Residence time" means the length of time a given unit volume of water (including

any contaminant in that water) is present in a hydrologic system.

     (14) "Special protection area" means a designation which would delineate a recharge area

within a groundwater reservoir which is particularly critical for the maintenance of large volumes

of high quality groundwater for long periods of time.

     (15) "Toxic pollutant" means a water contaminant or combination of water contaminants

in concentration(s) which, upon exposure, ingestion, or assimilation, either directly from the

environment or indirectly through food chains, will unreasonably threaten to injure human health,

or the health of animals or plants which are commonly hatched, bred, cultivated, or protected for

use by persons for food or economic benefit.

     (16) "Water quality criteria" means a designated concentration of a constituent that, when

not exceeded, will protect an organism, an organism community, or a prescribed water use or

quality.

     (17) "Water table" means the upper surface of groundwater in the saturated zone of an

aquifer system. The level of the water table fluctuates with varying rates of recharge and

pumpage.

      (18) "Wellhead protection area" means the surface and subsurface area surrounding a

public well or wellfield through which water will move toward and reach that well or wellfield.

     46-13.3-4. Safe drinking water required. -- Notwithstanding and in addition to the

provisions of chapter 24.6 of title 23, title 46, or the Lead and Copper Rule (LCR) 40 CFR Part

141 Subpart I, the director is hereby authorized to determine whether the state's water supplies are

safe and potable for human consumption and to what degree the state is in compliance with all

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federal and state regulations.

     46-13.3-5. Annual testing. -- (a) The director shall promulgate regulations requiring, as a

condition of licensure, that all preschools, day care facilities, nursery schools, public and private

elementary schools and schoolyards, public playgrounds, shelters and foster homes serving

children under the age of six (6) years, public hearing facilities, substance abuse clinics in Rhode

Island and all facilities required pursuant to the Safe Drinking Water Act (SDWA) 42 U.S.C.

§300f and the Environmental Protection Agency (EPA) shall demonstrate:

     (1) If the facility is a new facility, that the facility and grounds are lead free or lead safe;

and

     (2) If the new facility is an existing facility, that an annual lead and copper test

demonstrates that the facility is lead free or lead safe.

     (b) The director shall, using state inspectors, conduct comprehensive environmental lead

inspections for all these facilities at the specified intervals.

     46-13.3-6. Public water supply system requirements. -- Any public water supply

system shall:

     (1) Provide notice to all customers including public notices to any school, community

center, child care center or any location likely to service children or large numbers of people that

a public water system servicing their water exceeds the acceptable lead action level.

     (2) Protect water systems by following defined corrosion control treatment standards.

     (3) Define proper testing protocols regarding the frequency, size, site selection and draw

of any and all water samples.

     (4) Require lead and copper analysis prior to any significant change in water source or

water treatment by any public water system.

     (5) Require that all corrosion control be performed under the guidance of a licensed

engineer.

     (6) Adopt a full lead service line replacement program within ten (10) years of the

enactment of this chapter, and prohibit any partial lead service line replacement.

     46-13.3-7. Customer and homeowner water system protections. -- (a) Prior to the sale

or rental of any dwelling, the water shall be tested for lead and copper and said results, as well as

a disclosure of the status and condition of the lead service line shall be included in any rental

agreement or purchase and sale agreement. Water test results shall also be reported to the

department of health within a reasonable time.

     (b) Water system providers shall conduct as part of their routine maintenance a complete

inventory of all service line materials up to the interior meters of each customer serviced, which

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shall be reported to the department of health within a reasonable time.

     46-13.3-8. Rhode Island lead action level reduction. -- The director is hereby directed

to develop a plan and strategy to reduce the current lead action level of fifteen parts per billion

(15 ppb) to a level of ten parts per billion (10 ppb) or less.

     46-13.3-9. Violations. -- Enforcement and penalties for violations of this chapter shall be

determined in accordance with the provisions of §39-4-3.

     46-13.3-10. Advisory commission on drinking water quality. -- The director is hereby

authorized to assemble an "advisory commission on drinking water quality" whose duties shall be

to impose protections for our water supply systems by continuously assessing and providing

recommendations regarding science, testing monitoring protocols, water treatments, and

corrosion control. The composition of the commission shall include members of the public and

experts in the field of drinking water quality and control. The commission shall provide an annual

report to the speaker of the house of representatives and president of the senate on January 1,

2017 and annually thereafter.

     46-13.3-11. Water system advisory council. -- Every public water system that services

five hundred (500) customers or more shall establish a "water system advisory council". Each

water system advisory council shall include water system customers, water systems personnel,

authorities whose duties and responsibilities shall be to provide oversight and input on water

quality and compliance with federal and state laws and/or regulations.

     46-13.3-12. Severability. -- If any provisions of this chapter or the application thereof to

any person or circumstances is held invalid, such invalidity shall not affect other provisions or

applications of this chapter, that can be given effect without the invalid provision or application,

and to this end the provisions of this chapter are declared to be severable.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION - LEAD AND COPPER DRINKING WATER

PROTECTION ACT

***

     This act would enact a new chapter "The Lead and Copper Drinking Water Protection

Act" which would provide water protection and ensure compliance with federal and state water

supply protections.

     This act would take effect upon passage.

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