74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1059
 
                         Senate Bill 33
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Public Health for Healthy Smiles Coalition)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Clarifies responsibility of Department of Human Services
relating to drinking water. Requires that water suppliers serving
more than 10,000 persons add fluoride to water. Delays
implementation until water suppliers have sufficient capital to
purchase fluoridation equipment. Preempts local government
regulations that prohibit or restrict use of fluoride.
 
                        A BILL FOR AN ACT
Relating to safe drinking water; creating new provisions; and
  amending ORS 448.131 and 448.175.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 448.131 is amended to read:
  448.131. (1) The Department of Human Services shall adopt water
quality standards that are necessary   { - to protect the public
health through insuring safe drinking water within a water
system - }  { + to implement the department's responsibilities
relating to drinking water and to ensure public health + }.
  (2) In order to   { - insure - }   { + ensure + } safe drinking
water, the department shall prescribe:
  (a) Construction standards governing the performance of a water
system insofar as they relate to the safety of drinking water.
  (b) Standards for the operation of water systems in so far as
they relate to the delivery of safe drinking water.
  (c) Other standards and requirements considered necessary by
the department to   { - insure safe drinking water - }
 { + ensure that drinking water is safe, healthy and beneficial
for human consumption + }.
  (3) The department shall require that construction and
installation plans be submitted and approved before construction
begins on new systems or substantial improvements are made to old
systems. The department may adopt rules exempting certain water
systems from the plan review process.
  (4) The department may impose and collect a fee from a water
supplier for reviewing construction and installation plans.
  (5) Nothing in this section authorizes the department to
require alterations of existing facilities unless alterations are
 
necessary to   { - insure - }   { + ensure + } safe drinking
water.
  SECTION 2. ORS 448.175 is amended to read:
  448.175. Subject to ORS chapter 183, the Department of Human
Services:
  (1) Shall require that the water suppliers give public notice
of violations in the water system.
  (2) May refuse to allow expansion of or additional connections
to a water system until the water system meets water quality
standards and requirements.
  (3) May enter an order requiring a water supplier to acquire or
construct a water system that provides water meeting department
standards. When the order requires a city to acquire a water
system, the system must have the majority of its facilities
within the city's adopted urban growth boundary. When the order
is entered upon a city, the procedure described in ORS 454.235 to
454.255 shall be followed.
  (4) May enter an order requiring a water supplier that fails to
comply with the schedule prescribed under ORS 448.140 to cease
operation of the water system.
   { +  (5) Shall require that water suppliers serving more than
10,000 persons add fluoride, in the amount and manner prescribed
by the department, to drinking water.
  (6) Notwithstanding the requirement of subsection (5) of this
section, may temporarily exempt a water supplier serving more
than 10,000 persons from adding fluoride to drinking water, until
the department determines that the water supplier has funds,
sufficient to purchase the fluoridation equipment, from a source
other than fees or charges by the water supplier to the
supplier's ratepayers, shareholders, local taxpayers or
bondholders. + }
  SECTION 3.  { + A city, county or other local government may
not enact or enforce any ordinance, resolution or other provision
that prohibits or restricts the use of fluoride in drinking water
except as permitted in rules adopted by the Department of Human
Services. + }
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