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Senate approves Safe Drinking Water Act amendments to preserve state primacy; rural senators warn of cost

Utah State Senate · January 18, 1991
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Summary

Senators passed SB 1 to align Utah law with the federal Safe Drinking Water Act so the state can retain program primacy. Debate focused on costs and regulatory burden for small water systems; committee estimates about 257 small systems could be affected.

The Utah Senate advanced Senate Bill 1 to amend state law so Utah can maintain primacy under the federal Safe Drinking Water Act, requiring certification of system operators and bringing smaller systems into the state program.

Senator Fred Finlayson, sponsor, said the federal rulemaking requires the state to qualify its operators and remove a prior exemption for systems serving fewer than 800 connections. "Our primacy of the safe drinking water program is conditioned upon amending our law so that we are in compliance with the federal Safe Drinking Water Act and its regulations," Finlayson said.

Senator Holmgren and other rural senators pressed for exemptions and questioned the cost and feasibility for small systems, warning that some tests cited by EPA could cost several hundred dollars monthly and strain small operators. "It's going to bankrupt a good share of the small systems," Holmgren said on the floor, urging caution.

Committee chairman Senator Reese said committee hearings found roughly 257 small systems would be affected and that 97% of prior reported violations occurred in small systems. He argued the state-run certification and training program (which costs about $50 for coursework and testing) is preferable to federal oversight. "If there were concerns, the committee would have tried to address them," Reese said, noting outreach at hearings.

The Senate passed SB 1 on a recorded vote (26 ayes, 3 nays, 3 absent) and placed the bill on the calendar for further consideration. The measure directs the state to adopt standards and operator-qualification processes required for primacy and includes grandfathering for experienced operators under rules carried out by the state agency.

What happens next: Passage keeps the state's primacy option available; affected systems and districts will need to monitor administrative rules and any available grandfathering procedures.