Committee approves drinking-water clarification after notice error flagged

The Joint Executive Legislative Committee on Administrative Rules approved the drinking-water rule known as 25 32 after staff told members the rule's public notice inaccurately stated there were no changes.

Staff pointed out that two provisions present in the initial proposal were deleted in the final text, which made the original notice incorrect. One deleted requirement — a duty for community water system providers to notify the public about system deficiencies — was moved to another rule on the consent agenda, and the other notification requirement for consumers with limited English proficiency was already covered elsewhere, staff said.

Aaron Johnson of the Department of Environmental Services defended the department's outreach, saying the water council and every regulated entity were presented with the rule changes and the department held public hearings tied to the relevant rule packages. "We believe that the public at least did have proper notice," Johnson said.

At least one legislator said the technical accuracy of a notice matters because members of the general public may not spot where provisions have moved and urged a re-noticed hearing so more affected people could comment. Committee staff and members concluded the actual obligations on applicants remain the same even though the drafting relocated text to other rules.

After discussion, Representative Lynn moved to approve 25 32 and Representative Maguire seconded; the motion carried by voice vote. The committee did not require the agency to reinsert the deleted language but preserved the option to revisit notice procedures in future rulemakings.

The committee proceeded to the next agenda item following the vote.