HF 2494 (LSB 5460YH (3) 90)

HOUSE FILE 2494

BY  ISENHART

A BILL FOR

An Act requiring public and private drinking water utilities to create a source water protection assessment and plan.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  455B.183D  Source water protection.
   1.  A public or private drinking water utility shall submit a source water protection assessment to the department not later than December 31, 2025, and shall submit a source water protection plan to the department not later than December 31, 2026. The commission shall establish by rule requirements for the preparation of the assessment and plan, and the submission and review process.
   2.  a.  The source water protection assessment shall identify all of the following:
   (1)  Threats to the utility’s source water from industrial activity, pipelines and storage tanks, contaminated sites, agricultural activity, and oil and gas exploration.
   (2)  Threats to the utility’s source water and distribution system from climate change, extreme weather, drought, and temperature changes.
   (3)  Threats to the utility’s source water and distribution system from intentional acts, including intentional contamination, sabotage, and theft of any chemical.
   b.  The source water protection assessment shall include a comparison of the disinfection methods used by the water system and reasonably available alternative disinfection methods, including a determination of whether reasonably available alternative disinfection methods could reduce the utility’s vulnerability to the threats identified in paragraph “a”.
   c.  A public or private drinking water utility shall submit an updated source water protection assessment at least once every five years.
   3.  a.  The source water protection plan shall identify strategies and resources to mitigate the threats identified in the source water protection assessment.
   b.  A public or private drinking water utility shall submit an updated source water protection plan at least once every five years.
   4.  a.  The department may decline to accept an assessment or plan that does not meet the minimum requirements set forth by the commission.
   b.  A public or private utility without an accepted plan shall not be eligible to receive a revolving loan under section 455B.295, or other state funding, on and after January 1, 2027.
   5.  The department shall provide access to a filed plan on the department’s internet site.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires public and private drinking water utilities to file a source water protection assessment and plan.
   The bill requires a public or private drinking water utility (utility) to file a source water protection assessment (assessment) by December 31, 2025, and to file a source water protection plan (plan) by December 31, 2026. The environmental protection commission (commission) shall establish rules related to the filing of the plan and assessment.
   The bill requires the assessment to identify threats to a utility’s source water and distribution system and to include alternative methods to disinfect the source water. The bill requires the plan to identify strategies and resources to mitigate the threats identified in the assessment. A utility shall file an assessment and a plan every five years.
   The bill allows the department to decline an assessment or plan that does not comply with the requirements established by the commission. If a utility does not have an approved assessment or plan, the utility shall not be eligible to receive a state water revolving loan or other state funding, on and after January 1, 2027.
   The bill requires the department to provide the filed plans on the department’s internet site.