Sponsor Statement HB 51

SCS CSHB 51(FIN) - "An Act relating to DEC; amending Rules 79 and 82, Alaska Rules of Civil Procedure; and providing for an effective date."

HB 51 underwent a substantial rewrite in Senate Finance and now has the support of the Department of Environmental Conservation.

This bill sets up administrative penalties that are required by EPA that allows Alaska to retain primacy for drinking water under the federal SAFE DRINKING WATER ACT. In addition, the federal government requires each state with primacy to enact a system of administrative penalties in order to have access to federal grants for public drinking water systems.

The penalties outlined in the bill will be administered and assessed by DEC against public water systems that do not meet the guidelines of the federal SAFE DRINKING WATER ACT. The original dollar figures requested by the department have been amended. Communities with over 10,000 people will be assessed $1,000 per day for non-compliance; $250 per day for communities with 1,000 – 10,000 people; and $100 per day for communities under 1,000 people.

Additionally, the state cannot receive federal money for construction of public drinking water systems unless it maintains primacy under the federal program and this bill provides for that. This legislation enables the state to continue receiving funding for rural water projects.

The major regulatory provision of the bill provides the necessary statutory authority for DEC to enter into compliance agreements.

At the request of a number of communities the department agreed to the inclusion of an informal appeal process before assessment of the penalty.

Revised 10/8/98