H.B. 69 Drinking Water Restructuring Amendments: transcript

Thank you, Mr. Chair. It's good to be here again. Um, HB 69. Uh, I, I might say that I'm speaking to the sub we'll need to take care of. Okay. You wanna speak to what? Um, let's move that, but tell us what the substitute does. The sub basically just puts, uh, some language in that, uh, Senator Stratton, uh, came up with, uh, went on, uh, defining, uh, the legal actions that would take place under the bill, uh, and, uh, what a receiver is, and some, some tool or some reasons why, if it's, if, if it goes to a court action. Maybe you could explain 'em better than I can. You're an attorney or senator.

Uh, maybe before I speak, I'd like to move the substitute.

In addition to what the good representative has said and, and working with the director, we can talk about, we wanted to make sure that we have had some safety valves in place for legislative engagement, as if things begin to escalate similar to, uh, what we had with, uh, Garfield Reservoir earlier, and you were, I maybe in, in that, in that Legislative Water Development Commission meeting too. Uh, give us some support and make sure we're getting the best resolution forward. So that's in addition to what, uh, representative Barich has stated. That's what it

Motion is, uh, we adopt, uh, we delete Title and Body House Bill 69. Replace it with first substitute House Bill 69, and further discussion to this motion.

You, Mr. Chair. Uh, this is a follow up bill from the 2023 Water Report, uh, that made some suggestions, uh, on what we do with maybe small systems that are not meeting the requirements, uh, of safe water drinking. And, uh, it's a tool of last resort. Uh, for the drinking water folks, uh, I have with me Nathan Lusted, the director. But, uh, let me emphasize, it's a tool of last resort. We, we want these folks to work, whether it's a, a merger with another water system or whatever, but this gives them a tool, uh, to address drinking water violations that pose serious public health risk. Uh, and, and then if they're unwilling or unable to correct the remediation issues, uh, then it gives them a, a procedure to work through the courts. But it only aims to fix the most extreme cases where a water system's outta compliance. Uh, this Bill Uintah through the Water Task Force, the Water Development Commission, the Natural Resource Committee, uh, and I, as I mentioned, was a follow up to the 2023, uh, water report. Uh, and, and I'd like to, to ask Mr. Lundstedt if he would make some comments on it too, Mr. Chair.

Yeah. Thank you. Uh, Mr. Chair. I'm Nathan lsat, director for the Division of Drinking Water. We appreciate, appreciate, um, Representative Albrecht supporting this bill. Um, this is a program, you know, restructuring is something the division has supported. We see this as a, a, a good tool to help support, um, our struggling water systems. Um, and just to help, um, provide opportunities to, you know, enhance public health and protection through our drinking water systems. Um, with, you know, those systems that are, they just don't have the resources. We see many of our water operators for the struggling systems that just don't have adequate resources. Uh, they may be the, the snowplow driver, the dog catch catcher, uh, grave digger, um, and they just don't have the time to devote, um, all their, or they don't have all the time to devote to just providing safe drinking water. Um, and I know we've had some success with this just on a voluntary basis. Um, former representative Mike Noel has done quite a bit with restructuring and consolidation of some of the struggling systems in Iron County. Um, and so it is a very beneficial program. We also see this as being a great opportunity to, um, you know, help with the housing crisis and growth where there's just better management of a water, uh, the water resources in a water basin. And, and we do appreciate the, the, you know, the guardrails that Senator Stratton has added. Um, there's just another level of mediation and, um, agreements, um, to help with the restructuring. So thank you.

I'll just say, you know, I worked with Representative Noel when he's still the King County Water Conservancy District Manager, and when I was our king CEOI worked with him on some of those systems on Cedar Mountain that, uh, director referred to. And, uh, this would've been a, a godsend to, uh, former representative Noel.

Yes, I, I would like to move house Bill 69 for substitute with favorable recommendation, Um, but not quite there yet until we get public on When you're ready.

Yes, I'd like to move the question to favorable recommendation.

I'll waive. Senator, I'll Waive. Thank you.

Mr. Chair. Committee members. You

Thank you Mr. Speaker to you. Um, this, this bill was heard by the Natural Resource Committee, the Water Task Force and the Water Development Commission, uh, where it passed unanimously in all three, uh, meetings. Uh, it's a, it's a bill that is a follow up from the 2023 Water Report, uh, which made some suggestions for this bill. Uh, it's supported by the Rural Water Users Association. Um, what it, what it basically does is, uh, if you have a small water system that that's just not doing their job, uh, they're in violation of a lot of the, the things that they should be doing. It provides, uh, the opportunity for a court to appoint a receiver to implement corrective action or merge them with, uh, another company that, uh, would be better, the people would be better served, uh, requires, uh, a violator to divest ownership. Uh, it's just another tool in the toolbox for the drinking water division. Very rarely will it ever be used, but it, it will be there if necessary. And like I said, it was recommended, uh, in the 2023 water report and had unanimous approval all the way through all the water committees. Thank you.

Thank you, Mr. Speaker. I'm just, can I, would the sponsor yield to a series of questions? Representative Albrecht, will you yield to a series of questions?

You bet. Yes. Representative.

Okay. Thank you. Um, Mr. Speaker, I am wondering what they are doing currently without one of these receivers or agents in place.

We don't, Mr. Speaker, we don't, uh, have any that I'm aware of. This is just a tool for future. Uh, so far I think the drinking water division has worked out any problems. Like I say, it would rarely be used.

Okay. So my next question is if we, if we don't have it already, and it's probably not being used a lot, how much money is it gonna end up costing to do it?

Zero fiscal? No.

So is it a volunteer post

Drinking water division will absorb that.

Thank you, Mr. Speaker. Um, will the sponsor yield to a question? Representative Albrecht, will you yield to a

Question? Of course, Yes. Representative

Hansen, um, how is reasonably necessary defined in Line 80?

Say that again. I couldn't hear you.

Um, in line 80, how is reasonably necessary defined?

I'm not an attorney. I can't answer that.

There just seems to be some ambiguity for me. It makes me a little bit uncomfortable, but thank you very much, Mr. Speaker.

I'll waive in the interest of time.

Uh, as substituted deals with challenges that occur with, uh, water companies, when they have financial, uh, limitations, they're not able to keep the drinking water safe. It provides, provides the opportunity for the agency to come in and help bringing the resources and also to create a, a more stable ownership for that particular provider to, uh, uh, meet the standards that we have across the state. I'll be glad to answer any questions.

Uh, I'll move, I'll move the, the motion.

Uh, thank you Mr. Uh, president, uh, personal privilege. Granted, Uh, with me, I have my niece,

Just, just reaffirm that what this bill is doing is creating a, a, a path for our smaller or water, not necessarily smaller, but any of our water companies throughout the state that are beginning to be stressed with resources or, or financial difficulties. What can happen is the, uh, company in their struggles, the the quality of the drinking water can really, uh, depreciate and not be where it needs to be up to standards. And so this puts in a process for the agency to, to engage and work for a solution synergistically. Ultimately, it does allow the agency to take, take the, take it into receivership. But we did put with this amendment that we passed yesterday, put in a come to the legislature report and try and work it out prior. So I think there's some good safety valves here and I think it's in a good place ready to be passed out as, uh, as as our recommendation. So thank you. Let's look for, uh, any discussion. Say no discussion to you for a motion. I'll move the question. Thank you.

Madam Reading Clerk First substitute House Bill 69 Drinking water Restructuring amendments by Representative Albrecht.

Thank you Mr. Speaker. Motion to concur

Sure. The Senate in their infinite wisdom made a great change.

It was a, it was a change to have the, uh, drink drinking water director report back to committee's Interim and and standing committee.

I Waive. Motion