2006 Legislation
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SENATE JOINT MEMORIAL NO. 118 – Drinking water, arsenic levels

SENATE JOINT MEMORIAL NO. 118

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Bill Status



SJM118.........................................by RESOURCES AND ENVIRONMENT
DRINKING WATER - ARSENIC - Stating findings of the Legislature and urging
that the enforcement of the reduced maximum contaminant level in drinking
water be suspended until such time as definitive scientific evidence within
the United States validates that consumption of water between 10 to 50 PPB
of arsenic increases cancer mortality, or produces some other health
problem and that the health benefit of removing trace amounts of arsenic
from drinking water is commensurate with the associated costs of compliance
with the new standard.
                                                                        
01/31    Senate intro - 1st rdg - to printing
02/01    Rpt prt - to Res/Env
02/16    Rpt out - rec d/p - to 10th Ord
02/17    10th Ord - ADOPTED - voice vote
    Floor Sponsor - Gannon
    Title apvd - to House
02/20    House intro - 1st rdg - to Env
03/07    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/16    3rd rdg - ADOPTED - 57-7-6
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
      Cannon, Chadderdon, Clark, Collins, Deal, Denney, Edmunson,
      Ellsworth, Eskridge, Field(18), Field(23), Hart, Harwood, Henderson,
      Jaquet, Kemp, Lake, Loertscher, Mathews, McGeachin, McKague, Miller,
      Moyle, Nielsen, Nonini, Pence, Raybould, Ring, Roberts, Rydalch,
      Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen,
      Smylie, Snodgrass, Stevenson, Trail, Wills
      NAYS -- Henbest, LeFavour, Martinez, Mitchell, Ringo, Rusche,
      Smith(30)
      Absent and excused -- Crow, Garrett, Pasley-Stuart, Smith(24), Wood,
      Mr. Speaker
    Floor Sponsor - Barraclough
    Title apvd - To Senate
03/17    To enrol
03/20    Rpt enrol - Pres signed - Sp signed
03/21    To Secretary of State

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                               SENATE JOINT MEMORIAL NO. 118
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                   A JOINT MEMORIAL
  2    TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED  STATES  IN  CONGRESS
  3        ASSEMBLED,  AND  TO THE CONGRESSIONAL DELEGATION REPRESENTING THE STATE OF
  4        IDAHO IN THE CONGRESS OF THE UNITED STATES.
                                                                        
  5        We, your Memorialists, the Senate and the House of Representatives of  the
  6    State  of  Idaho  assembled  in the Second Regular Session of the Fifty-eighth
  7    Idaho Legislature, do hereby respectfully represent that:
                                                                        
  8        WHEREAS, arsenic is a  widely  distributed,  naturally  occurring  element
  9    present  in trace amounts in all living organisms and concentrations in drink-
 10    ing water come primarily from natural sources with higher levels  being  found
 11    more  frequently  in ground water than surface water and also being found more
 12    frequently in the West; and
 13        WHEREAS, the Environmental Protection Agency (EPA) is charged with setting
 14    standards for contaminants in drinking water and adopted a maximum contaminant
 15    level for arsenic of 50 parts per billion (PPB) in 1975 based  on  a  standard
 16    that was originally established in 1942 by the Public Health Service; and
 17        WHEREAS,  in  2001,  the  EPA set a new standard for arsenic, reducing the
 18    maximum contaminant level for arsenic in drinking water to 10 PPB based on its
 19    reliance on a Taiwanese study relating to an assessment  of  risks  associated
 20    with  dose  response curves and since that time, the EPA's primary reliance on
 21    the study has been questioned and criticized; and
 22        WHEREAS, the level of 10 PPB becomes enforceable on January 23, 2006,  for
 23    public  water  systems,  and  such  systems will be found in violation if they
 24    exceed an annual average of 10 PPB during any four quarters; and
 25        WHEREAS, over 90 city and community water systems in  Idaho,  and  similar
 26    systems throughout the nation, typically rely on wells for drinking water, and
 27    arsenic  tends to occur in higher levels in those areas and all of these water
 28    systems are now burdened with constructing water facilities at  costs  in  the
 29    millions of dollars to comply with the 10 PPB standard; and
 30        WHEREAS, a number of ecological studies conducted in the United States and
 31    elsewhere  have  found  no  association between cancer and arsenic in drinking
 32    water at 10 to 50 PPB; and
 33        WHEREAS, a recent study of cancer mortality and arsenic in drinking  water
 34    conducted by Professor Emeritus Lynden Williams of Ohio University finds colon
 35    cancer  mortality  rates  are  inversely associated with arsenic levels; being
 36    highest in those counties where arsenic levels in drinking  water  are  lowest
 37    and lowest in those counties where arsenic levels are highest, suggesting that
 38    removal of arsenic will increase colon cancer mortality rates.
 39        NOW,  THEREFORE,  BE IT RESOLVED by the members of the Second Regular Ses-
 40    sion of the Fifty-eighth Idaho Legislature, the Senate and the House of Repre-
 41    sentatives concurring therein, that we urge the  enforcement  of  the  reduced
 42    maximum  contaminant  level  for  arsenic in drinking water be suspended until
 43    such time as definitive scientific evidence within the United States validates
 44    that consumption of water between 10 to 50 PPB  of  arsenic  increases  cancer
                                                                        
                                           2
                                                                        
  1    mortality,  or produces some other health problem, and that the health benefit
  2    of removing trace amounts of arsenic from drinking water is commensurate  with
  3    the associated costs of compliance with the new standard.
  4        BE  IT  FURTHER  RESOLVED  that the Secretary of the Senate be, and she is
  5    hereby authorized and directed to forward a copy of this Memorial to the Pres-
  6    ident of the Senate and the Speaker of the House of  Representatives  of  Con-
  7    gress, and the congressional delegation representing the State of Idaho in the
  8    Congress of the United States.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15708

The United States Environmental Agency has adopted a new standard
of 10 Parts Per Billion (PPB) for arsenic in drinking water. 
Many cities and communities in Idaho exceed this new standard. 
To meet this new standard will cost millions of dollars and could
bankrupt some Idaho communities.  Some in the scientific
community do not believe this new standard is based on sound
scientific data.  This memorial requests the Idaho delegation
support putting the new 10 PPB standard on hold until adequate
research can be conducted in the United States to determine what
levels of arsenic is health threatening.


                           FISCAL NOTE

There is no fiscal impact to the General Fund.




Contact
Name: Senator Tom Gannon 
Phone: 208-332-1345



STATEMENT OF PURPOSE/FISCAL NOTE                   SJM NO. 118 
  
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