SB 4 — PUBLIC HEALTH: Provides relative to water fluoridation. (gov sig) (EN SEE FISC NOTE LF EX See Note)

SLS 26RS-116 REENGROSSED Regular Session ENROLLED SENATE BILL NO.

4 BY SENATOR FESI PUBLICAND HEALTH.REPRESENTATIVES AMEDEE, COATES, CREWS, DICKERSON, EDMONSTON, JACKSON, MACK, OWEN AND VENTRELLA AN ACT ToamendandreenactR.S.40:5.11(B)(1)and(3),theintroductoryparagraphof5.11(B)(4), and 5.11(G), relative to public water systems;

Providesto relativeallow local governments to vote to exempt public water fluoridation.systems from fluoridation requirements;

(gov sig) AN ACT To amend and reenact R.S.

40:5.11, relative to public water systems;

to allow local governmentstovotetoexemptpublicwatersystemsfromfluoridationrequirements;

40:5.1140:5.11(B)(1) isand hereby(3), amendedthe introductoryparagraph of 5.11(B)(4), and 5.11(G) are herebyamended and reenacted to read as follows:

Water fluoridation program A.ThesecretaryoftheLouisianaDepartmentofHealthshall* establishin* the* officeofpublichealthafluoridationprogramforthepurposeofprotectingthedentalB.(1) healthEach public water system that has at least five thousand service connections and natural levels of fluoride that are outside the optimal range establishedintherulesandregulationsadoptedpursuanttothisSectionshallacquire, install, operate, and maintain appropriate equipment and material in order to maintaintheleveloffluorideinitswatersystemintheoptimalrangeforthepurpose of protectingthe dental health of citizens of this state, andas especiallychildren,established throughin thetherulesand preventionregulations ofadopted toothpursuant decay.to this Section.

B.(1)* Each* * (3) No public water system thatshall hasbe atrequired leastto fivecomply thousandwith serviceParagraph connections(1) andof naturalthis levelsSubsection ofunless fluoridesufficient thatfunds arehave outsidebeen theidentified optimalbythe rangestate, establishedintherulesandregulationsadoptedpursuanttothisSectionshallacquire,whether install,operateandmaintainappropriateequipmentandmaterialinordertomaintainby theappropriation, levelcapital ofoutlay, fluoridegrants, inor itssimilar watermeans systemor insource theof optimalfunds, rangeas available to that system for the purposecost of protectingacquiring theand dentalinstalling healthfluoridation ofequipment citizensand the cost of thismaterial state,required asto establishedfluoridate insaid thesystem rulesfor andat Pageleast 1six months from the date of 4initial Coding:installation.

(4) A public water system that has never used fluoridation to adjust fluoride levels in its water and whose water contains fluoride in amounts outside the range Page 1 of 2 Coding:

SLS 26RS-116 REENGROSSED SB NO.

4 ENROLLED established in the rules and regulations adopted pursuant to this Section.Section as optimal for the purpose of protecting the dental health of the citizenryshall be exempt from compliance with Paragraph (1) of this Subsection provided all of the following apply:

(2)* Each* public* watersystemG. with at least five thousand serviceconnections that has fluoride levels outside the optimal range established in the rules and regulations adopted pursuant to this Section shall provide to the Louisiana Department of Health no later than March 1, 2009, an estimate of the total capital costs to acquireandinstall fluoridationtreatmentequipment capableof maintaining fluoride levels within the optimal range for the purpose of protecting the dental health of citizens of this state, as established in the rules and regulations adopted pursuant to this Section.

(3)The Nooffice of public waterhealth, systemthrough shallthe bedepartment requiredLouisiana toDepartment comply with Paragraph (1) of thisHealth, Subsectionshall unlesspromulgate sufficientrules fundsand haveregulations beenin identifiedaccordance bythewith state,the whetherAdministrative byProcedure appropriation,Act capitalrelating outlay,to grantsthe orfluoridation similarof meanspublic orwater sourcesystems, ofincluding funds,but asnot availablelimited to thatmaintaining systemlevels for the cost of acquiringfluoride andin installingpublic fluoridationwater equipmentsystems andwithin the costoptimal ofrange materialfor requiredthe topurpose fluoridateof saidprotecting systemthe fororal athealth leastof six months from the datecitizens of initialthis installation.state.

(4) A public water system that has never used fluoridation to adjust fluoride levels in its water and whose water contains fluoride in amounts outside the range established in the rules and regulations adopted pursuant to this Section as optimal for the purpose of protecting the dental health of the citizenry shall be exempt from compliance with Paragraph (1) of this Subsection provided all of the following apply:

(a) A petition requesting the exemption has been signed by at least fifteen percent of the registered voters who reside in the precincts served by said water system, as certified by the parish registrar of voters, and has been presented to the governing authority of each municipality or parish in whose jurisdiction the system provides service.

(b)(a)Alocalelectionhasbeencalledontheexemptionafterthepetitionhas been received by each governing authority pursuant to Subparagraph (a) of this Paragraph.

Participation in the election shall be limited to those precincts in which Page 2 of 4 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-116 REENGROSSED SB NO.

4 the water system provides service.

The local election shall be called and conducted by the governing authority of each municipality in whose jurisdiction the water system provides service if all of the registered voters served by the water system reside wholly within the jurisdiction of one or more municipalities.

However, the local election shall instead be called and conducted by the governing authority of each parish in whose jurisdiction the water system provides service if either of the following applies:

(i) The water system also provides service to registered voters in unincorporated areas of one or more parishes.

(ii) The water system was created or franchised bythe parish or parishes.

(c)(b) Each local election pertaining to the exemption of said water system hasbeenheldinaccordancewithstateandlocallaw,andthecertifiedresultsofeach election show that amajorityoftheregisteredvoterswhocastavotein said election approve exemption.

(d)(c) No election on the same question in the same jurisdiction took place in the four years immediately prior to the election in which the exemption was approved.

G.C.

The office of public health, through the department, shall promulgate rules and regulations in accordance with the Administrative Procedure Act relating to the fluoridation of public water systems, including but not limited to maintaining levels of fluoride in public water systems within the optimal range for the purpose of protecting the oral health of the citizens of this state.

PagePRESIDENT 3OF ofTHE 4SENATE Coding:SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

WordsPage which2 areof struck2 throughCoding: are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-116 REENGROSSED SB NO.

4 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared bySenate Legislative Services.

The keyword, summary, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] DIGEST SB 4 Reengrossed 2026 Regular Session Fesi Present law requires the La.

Dept.

of Health to establish a water fluoridation program.