SB 6342 — Concerning chemical contaminants in drinking water.

S-5810.2SUBSTITUTES-5260.1SENATE SENATE BILL 6342State of Washington66th Legislature2020 Regular SessionBySenateSessionBySenators Environment, Energy & Technology (originally sponsored by Senators Dhingra, Das, Lovelett, Mullet, Stanford, and Wilson, C.)READC.Read FIRSTfirst TIMEtime 01/31/20.AN01/15/20.Referred to Committee on Environment, Energy & Technology.AN ACT Relating to chemical contaminants in drinking water;

and adding new sections to chapter 70.142 RCW;RCW.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.

and creating a new section.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.

(1)A Thenew legislaturesection findsis thatadded ensuringto safechapter drinking70.142 RCW to read as follows:The definitions in this section apply throughout sections 2 through 5 of this act unless the context clearly requires otherwise.(1) "Department" means the department of health.(2) "Group A water issystem" means a primarysystem concernwith forfifteen protectingor publicmore health.service connections, regardless of the number of people;

Theor federala safesystem drinkingserving wateran actaverage wasof establishedtwenty-five toor protectmore people per day for sixty or more days within a calendar year, regardless of the qualitynumber of drinkingservice connections.(3) "PFAS substances" means perfluorooctanoic acid, chemical abstract number 335-67-1 (PFOA), perfluorooctanesulfonic acid, chemical abstract number 1763-23-1 (PFOS), perfluorohexyl sulfonate, chemical abstract number 335-46-4 (PFHxS), perfluorononanoic acid, chemical abstract number 375-95-1 (PFNA), and perfluorobutane sulfonate, chemical abstract number 375-73-5 (PFBS).(4) "Public water throughsystem" standardsmeans any system, excluding a system serving only one single-family residence and regulationsa adoptedsystem bywith four or fewer connections all of which serve residences on the Unitedsame Statesfarm, environmentalproviding protectionpiped agencywater for human consumption, including any collection, treatment, storage, or distribution facilities under control of the purveyor and implementedused byprimarily in connection with the state.system;

The United States has been known for safe and reliable drinking water.

However, public health needs to keep pace with evolving science in developing and reevaluating standards to protect drinking water from contaminants.(2) The legislature intends to protect public health, including vulnerable populations, by requiring the department of health to develop maximum contaminant levels or state action levels that take into account the best available science and treatment techniques to ensure safe drinking water.NEW SECTION.  Sec.

2.

A new section is added to chapter 70.142 RCW to read as follows:The definitions in this section apply throughout sections 3 and 4 of this act unless the context clearly requires otherwise.(1) "Department" means the department of health.(2) "Group A water system" means a system with fifteen or more service connections, regardless of the number of people;

or a system serving an average of twenty-five or more people per day for sixty or more days within a calendar year, regardless of the number of service connections.(3) "PFAS chemicals" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom and referred to as perfluoroalkyl and polyfluoroalkyl substances.(4) "Public water system" means any system, excluding a system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm, providing piped water for human consumption, including any collection, treatment, storage, or distribution facilities under control of the purveyor and used primarily in connection with the system;

2.

A new section is added to chapter 70.142 RCW to read as follows:(1) By December 31, 2020, all group A water systems must provide results from testing conducted after January 1, 2017, for PFAS substances to the department.

The samples must be collected, transported, and submitted for analysis consistent with the United States environmental protection agency methods or other department-approved methods.(2) The department must make recommendations regarding state action levels and treatment or other remedies to reduce PFAS substances in the drinking water systems.

(3) By January 1, 2021, the state board of health must adopt rules to implement recommendations for state action levels and treatment or other remedies to reduce PFAS substances, as developed under subsection (2) of this section.

The rules may include waivers for testing and frequency of testing.

Minimum requirements for water systems with PFAS substances at or above the state action level must include:(a) Ongoing monitoring of the water system;

and(b) Notification to water system consumers.(4) When a maximum contaminant level for PFAS substances has been established by the state board of health or the United States environmental protection agency, if determined by the department to be adequate to protect public health, the state board of health must repeal the rules implementing the PFAS substances state action levels.NEW SECTION.  Sec.

A new section is added to chapter 70.142 RCW to read as follows:(1)(a) BeginningBy January 1, 2021, public water systems, as determined by the department through sampling results or identified as known or potential sources of contaminantscontaminants, and proximity to group A water systems that have levels of PFAS chemicals above the state action level, must test drinking water for PFAS chemicals.(b)substances.(b) The department may work with local health jurisdictions to determine public water systems at risk for contamination as well as testing and monitoring parameters.(c) The samples must be collected by public water systems and must be transported and submitted for analysis consistent with the United States environmental protection agency methods or other department-approved methods.

The test results must be provided to the department.(2) ByThe June 1, 2022, the department must review the test results and provide a report, consistent with RCW 43.01.036, to the legislature regarding the extent to which any PFAS chemicalssubstances are found in public water systems, sources of contamination, clean-up requirements or mitigation, impacts to consumers and the water systems, including costs, and any necessary legislative actions.NEW SECTION.  Sec.

A new section is added to chapter 70.142 RCW to read as follows:(1) The department must establish for group A water systems statewide maximum contaminant levels for PFAS chemicals.(2)substances, chromium 6, and 1,4 dioxane.(2) When establishing maximum contaminant levels, the department must review maximum contaminant levels adopted by other states, the studies and scientific evidence reviewed by those states, material in the agency for toxic substances and disease registry, and the latest peer-reviewed science and independent or government agency studies.

The maximum contaminant levels must be protective of public health, including vulnerable populations,subpopulations such as pregnant and mustnursing bemothers, infants, and children, and at least as restrictive as the maximum contaminant levels or health advisoriesadvisory promulgated by the United States environmental protection agency.(3) The department may adopt maximum contaminant levels more stringent than federal maximum contaminant levels or health advisories if, accounting for an adequate margin of safety to protect human health at all life stages including, but not limited to, prenatal development, the department determines federal standards do not provide adequate protection of human health.(4) By January 1, 2025, the department must provide to the state board of health recommendations to implement requirements for maximum contaminant levels for PFAS chemicalssubstances in group A water systems.systems.(5) By July 1, 2026, the state board of health must adopt rules to specify actions to be taken by group A water systems when PFAS substances are detected at or above the maximum contaminant level.NEW SECTION.  Sec.

However, where the department finds there is insufficient information to develop a maximum contaminant level for a specific PFAS chemical found in group A water systems, the department must establish a state action level and provide recommendations for the best available treatment technology necessary to protect public health and to assist group A water systems to achieve the state action level.(5) By July 1, 2026, the state board of health must adopt rules to specify actions to be taken by group A water systems when PFAS chemicals are detected at or above the maximum contaminant level or a state action level.(6) The state board of health must require a group A water system that exceeds a state action level, as adopted by rule, to recommend consumers use an alternate source of drinking water.Sec.

A new section is added to chapter 70.142 RCW to read as follows:(1) By December 31, 2025, every group A water system must provide results from testing conducted after January 1, 2020, for chromium 6 and 1,4 dioxane.(2) The state board of health must adopt rules to specify actions to be taken by water system purveyors when chromium 6 or 1,4 dioxane are detected at or above the maximum contaminant level established by the department, as required under section 4 of this act.

When developing the rules, the state board of health may determine water systems at risk for contamination to prioritize monitoring requirements and treatment or other remedies to reduce the levels of chromium 6 and 1,4 dioxane in the drinking water system to below the maximum contaminant level.

Minimum requirements for water systems contaminated with chromium 6 and 1,4 dioxane must include:(a) Ongoing monitoring of the water system;

and(b) Notification to water system consumers.Sec.

6.