Committee advances bill letting transient systems use federal 'makeup' sample to stay on quarterly testing

The Resources, Recreation and Development committee voted to report Senate Bill 595 "ought to pass as amended," adopting language intended to let transient non‑community water systems — such as campgrounds — remain on quarterly monitoring if they submit a makeup sample within the next monitoring period.

Sen. Keith Murphy, the prime sponsor, described a constituent who runs a campground that was forced onto costly monthly sampling after two quarterly samples were turned in a day or two late. "If we don't do this at the state level ... the EPA will do it. And we don't want the federal government to do it because they won't be as nice as we are," Murphy said, arguing the bill would give the Department of Environmental Services (DES) discretion to accept late samples under federal criteria.

Brandon Kernin, administrator of the Drinking Water and Groundwater Bureau at DES, told the committee the department had no formal position but supported amended language that removes the word "penalty" and references the applicable federal regulation (the CFR). Kernin explained the current state practice: when a system breaks its testing record, DES often reverts it to more frequent sampling to reestablish a continuous record; the federal rules allow a makeup sample taken the next quarter in jurisdictions that adopt that provision. "It's really not to be punitive," Kernin said of the practice, describing enforcement as a progression of notices, inspections and only rare fines.

Murphy and DES staff also noted the practical burden on small operators: each water test typically costs between about $30 and $75, depending on the test and vendor, and travel and administrative time add to the cost. The amendment adopted by the committee (2026‑1367H) clarifies that DES may waive counting a missed sample as a monitoring violation if the makeup sample is collected no later than the end of the following monitoring period and aligns state language with the federal Code of Federal Regulations.

After brief discussion, a committee member moved to adopt amendment 2026‑1367H and the clerk read a roll call; the chair announced the amendment passed. The committee then voted that SB595 be reported "ought to pass as amended," and the chair placed the report on the consent calendar.

What happens next: The committee sent the amended report forward per its procedures; the bill text and the adopted amendment reference the federal regulation that provides the makeup‑sample option, and DES may use the clarified discretion to avoid moving compliant systems to prolonged monthly monitoring.