SB 1013 — Waterworks; contaminants, PFAS chemicals, notification to customers.

SESSION INTRODUCEDSENATE 23101958DSUBSTITUTE I23105859D OfferedSENATE January 11, 2023 N Prefiled January 6, 2023 A BILL toNO. amend the Code of Virginia by adding a section numbered 32.1-175.2, relating to T waterworks;

1013 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Common January 31, 2023), Conservation and Natural Resources (Patron Prior to Substitute––Senator Edwards) A BILL to amend the Code of Virginia by adding a section numbered 32.1-175.2, relating to waterworks;

RBe ––––––––––it Oenacted Patrons––Edwards;by the General Assembly of Virginia:

Delegate:

Kory –––––––––– D Referred to Committee on Ag–––––––––– Conservation and Natural Resources U Be it enacted by the General Assembly of Virginia:

That§ the32.1-175.2. Code of Virginia is amended by adding a section numbered 32.1-175.2 as follows:

CNotification §of 32.1-175.2.water contamination to waterworks customers..2 as follows:

NotificationA. of water contamination to waterworks customers.

EFor A.the purposes of this section:

For"Notification theconcentration" purposes of this section, "PFAS chemicals" means a10 classparts ofper fluorinatedtrillion organic(ppt) chemicalsfor containingGenX atchemicals, least2,000 oneppt fullyfor fluorinatedPFBS, carbonand atom,four alsoppt referredfor toPFOA as perfluoroalkyl and polB.PFOS.

UponS receivingEnvironmental resultsProtection fromAgency a(EPA) waterpursuant qualityto analysis, a waterworks owner shall notify customers when (i) PFAS chemicals are present in the waterfederal supplySafe or (ii) a contaminant in the water supply exceeds the maximum contaminant level established in the National Primary Drinking Water RegulationsAct (40(42 C.F.R.U.S.C.

Part§ 141)300f oret theseq.) maximumfor contaminantGenX levelchemicals, establishedPFBS, byPFOA, theand BoardPFOS. in regulations, whichever is more stringent.

SuchE notificationB. shall be published in a newspaper of general circulation in the affected areas within 10 business days of the waterworks owner receiving results from a water days of the waterworks owner receiving results from a water quality analysis.

SuchPrior publishedto andsinessthe mailedadoption notificationsof shallan include:applicable primary maximum contaminant level either in the National Primary Drinking Water Regulations (40 C.F.R.

0Part 1.141) or in a regulation adopted by the Board, if a water for any PFAS chemical subject to a PFAS advisory and such result exceeds the notificationA concentration, such waterworks owner shall (i) report such result to the Department as part of its operating report for the month in which the test result was received, (ii) provide public noticT in the required consumer confidence report provided to the waterworks owner's customers and by posting on require on a case-by-case basis under applicable regulations.onal public notice as the DepartmeEt may C.

TheUpon date that a sample was taken for the wateradoption qualityof analysisan andapplicable theprimary datemaximum thatcontaminant thelevel wat3rworkseither ownerin received the resultsNational ofPrimary suchDrinking waterWater qualityRegulations analysis;(40 C.F.R.

2.Part 141) or a regulation adopted by the Board, if a waterworks owner receives a finished water test result from an EPA-approved method for drinkingS Department as part of its operating report for the month in which the test result was received Und make any additional reports to the Department as required by such regulation, (ii) provide public notice in the consumer confidence report delivered to the waterworks owner's customers and by posting on the waterworks owner's website, and (iii) provide such additional public notice as the Department mSy reqD.

TheAll nametesting ofpursuant theto contaminantthis orsection contaminantsshall andbe thesubject amount of the contaminant or contaminants as it relates to theappropriate maximumquality contaminantassurance levelsand inquality subsection: B;

increased36 riskcontrol, ofand potentialwhere adversea healthtest impactsresult asis suspected to be invalid due to sampling error or contamination, 37 laboratory error or contamination, or other material technical reasons, the Department may allow a result38 waterworks owner a period of exposuretime to theexpeditiously contaminantresample orand contaminants;retest prior to making public nTtice 39 unless otherwise required by applicable regulations.

4.U T E B S 1

Actions that the waterworks owner has taken, is taking, or will take to reduce the level of the contaminant or contaminants;

and 34 5.

The name, mailing address, telephone number, and email address of a public contact or customer :

35 service representative at the waterworks.