Bill Text: IA HF2343 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to the control of contaminants in public drinking water supply systems, and making penalties applicable.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-11 - Introduced, referred to Environmental Protection. H.J. 247. [HF2343 Detail]

Download: Iowa-2019-HF2343-Introduced.html
House File 2343 - Introduced HOUSE FILE 2343 BY ISENHART A BILL FOR An Act relating to the control of contaminants in public 1 drinking water supply systems, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5666YH (3) 88 js/ns
H.F. 2343 Section 1. Section 455B.173, subsection 5, Code 2020, is 1 amended to read as follows: 2 5. Establish, modify, or repeal rules relating to drinking 3 water standards for public water supply systems. Such 4 standards shall specify maximum contaminant levels , including 5 those adopted pursuant to section 455B.176B, or treatment 6 techniques necessary to protect the public health and welfare. 7 The drinking water standards must assure compliance with 8 federal drinking water standards adopted pursuant to the 9 federal Safe Drinking Water Act. 10 Sec. 2. NEW SECTION . 455B.176B Drinking water maximum 11 contaminant levels. 12 1. The commission shall adopt by rule pursuant to this 13 section statewide maximum contaminant levels for likely and 14 known carcinogens, and for toxic substances likely to pose a 15 substantial health hazard, for public water supply systems 16 supplying drinking water. 17 2. In addition to substances for which the commission 18 adopts maximum contaminant levels pursuant to subsection 3, the 19 commission shall adopt statewide maximum contaminant levels for 20 all of the following substances: 21 a. Perfluorooctanic acid, perfluorooctanesulfonate acid, 22 and perfluoroalkyl and polyfluoroalkyl substances. 23 b. Hexavalent chromium. 24 c. Dioxane. 25 d. Any substance for which two or more states have adopted 26 maximum contaminant levels or issued guidance. 27 3. In addition to the substances listed in subsection 2, 28 the director or the director’s designee shall annually review 29 maximum contaminant levels adopted by other states, the studies 30 and scientific evidence reviewed by those states, materials 31 provided by the agency for toxic substances and disease 32 registry, and all recent studies published by independent 33 organizations or government agencies that are subject to peer 34 review. After review, the director shall provide a list to 35 -1- LSB 5666YH (3) 88 js/ns 1/ 3
H.F. 2343 the commission of the substances for which maximum contaminant 1 levels are recommended or required. The commission shall adopt 2 maximum contaminant levels to protect the health of the general 3 public and shall also adopt maximum contaminant levels specific 4 to vulnerable subpopulations, such as persons who are nursing 5 or pregnant, infants, and children. A maximum contaminant 6 level shall not exceed any maximum contaminant level or 7 health advisory promulgated by the United States environmental 8 protection agency. 9 4. The commission shall adopt rules pursuant to chapter 17A 10 necessary to maintain compliance with this section. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to the control of contaminants in public 15 drinking water supply systems. 16 Current law requires the environmental protection commission 17 to establish rules relating to drinking water standards for 18 public water supply systems, which standards shall specify 19 maximum contaminant levels or treatment techniques necessary 20 to protect the public health and welfare. Current law defines 21 “maximum contaminant level” as the maximum permissible level of 22 any physical, chemical, biological, or radiological substance 23 in water that is delivered to any user of a public water supply 24 system. 25 The bill requires the commission to adopt maximum 26 contaminant levels for carcinogens and toxic substances likely 27 to pose a substantial health hazard, including perfluorooctanic 28 acid, perfluorooctanesulfonate acid, perfluoroalkyl and 29 polyfluoroalkyl substances, hexavalent chromium, dioxane, and 30 any substance for which two or more states have established 31 maximum contaminant levels or issued guidance. The bill 32 directs the director of the department of natural resources to 33 annually review maximum contaminant levels adopted by other 34 states and the studies and scientific evidence reviewed by 35 -2- LSB 5666YH (3) 88 js/ns 2/ 3
H.F. 2343 those states and other government agencies. The bill requires 1 the director to provide a list of substances for which maximum 2 contaminant levels are recommended or required. The bill 3 requires the commission to adopt maximum contaminant levels 4 to protect the general public and maximum contaminant levels 5 specific to vulnerable populations. The bill requires the 6 commission to adopt rules in order to maintain compliance with 7 the provisions of the bill. 8 By operation of law, a person who violates a standard adopted 9 by the commission is subject to a civil penalty not to exceed 10 $5,000 for each day a violation occurs. The director may issue 11 an order directing a person to correct a violation of the 12 standards adopted by the commission. A person against whom an 13 order is issued may initiate a contested case pursuant to Code 14 chapter 17A and the commission may affirm, modify, or vacate 15 an order of the director or may approve the director’s request 16 for the attorney general to institute legal proceedings against 17 the person. 18 -3- LSB 5666YH (3) 88 js/ns 3/ 3
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