See other bills
under the
same topic
        PRIOR PRINTER'S NO. 1989                      PRINTER'S NO. 4439

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1588 Session of 2005


        INTRODUCED BY TIGUE, ALLEN, BARRAR, BELFANTI, BUNT, CALTAGIRONE,
           CORRIGAN, CRUZ, CURRY, DALLY, EACHUS, GERGELY, JAMES,
           LEDERER, RAYMOND, SAINATO, SATHER, SHANER, STABACK, FRANKEL,
           GODSHALL, JOSEPHS, LEACH, McNAUGHTON, REICHLEY, SANTONI,
           SCAVELLO, SHAPIRO, PETRI, SIPTROTH, J. EVANS, BIANCUCCI,
           M. KELLER AND KILLION, MAY 12, 2005

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JUNE 29, 2006

                                     AN ACT

     1  Providing for fluoridation of public water.

     2     The General Assembly of the Commonwealth of Pennsylvania
     3  hereby enacts as follows:
     4  Section 1.  Short title.
     5     This act shall be known and may be cited as the Fluoridation
     6  Act.
     7  Section 2.  Purpose.
     8     It is the purpose of this act to prevent dental disease as a
     9  health care cost-containment measure.
    10  Section 3.  Fluoride content of water.
    11     Whenever the fluoride content of water served by public water
    12  suppliers to 500 1,000 domestic water connections or more is      <--
    13  less than 0.8 milligrams per liter of fluoride, the person,
    14  association, firm, corporation, authority or municipality having
    15  jurisdiction over the supply shall add a measured amount of

     1  fluoride to the water so as to maintain a fluoride content of
     2  between 0.8 milligrams per liter and 1.2 milligrams per liter,
     3  in accordance with regulations adopted by the Department of
     4  Environmental Protection in consultation with the Department of
     5  Health, and recommended levels as established by the United
     6  States Public Health Service and the Environmental Protection
     7  Agency.
     8  SECTION 4.  COST RECOVERY.                                        <--
     9     A PUBLIC WATER SUPPLIER WHOSE RATES FOR SERVICE ARE
    10  ESTABLISHED BY THE PENNSYLVANIA PUBLIC UTILITY COMMISSION MAY
    11  FILE TARIFFS ESTABLISHING A SLIDING SCALE OF RATES OR OTHER
    12  METHOD FOR THE AUTOMATIC ADJUSTMENT OF THE RATES OF THE PUBLIC
    13  WATER SUPPLIER AS PROVIDES FOR THE RECOVERY OF ALL COSTS
    14  INCURRED IN COMPLIANCE WITH OR RESULTING FROM THE REQUIREMENTS
    15  OF THIS ACT, INCLUDING OPERATING EXPENSES AND A RETURN ON AND
    16  RETURN OF CAPITAL INVESTMENT.
    17  SECTION 5.  LIMITATION OF LIABILITY.
    18     A PUBLIC WATER SUPPLIER WHOSE RATES FOR SERVICE ARE
    19  ESTABLISHED BY THE PENNSYLVANIA PUBLIC UTILITY COMMISSION SHALL
    20  BE HELD HARMLESS AND INDEMNIFIED FROM LIABILITY BY THE
    21  DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR IMPLEMENTING
    22  FLUORIDATION UNDER THIS ACT IF EQUIPMENT AND FACILITIES EMPLOYED
    23  IN FLUORIDATING THE WATER SUPPLY WERE CONSTRUCTED IN COMPLIANCE
    24  WITH A PERMIT AMENDMENT FROM THE DEPARTMENT OF ENVIRONMENTAL
    25  PROTECTION AND ARE OPERATED IN COMPLIANCE WITH THE PERMIT AND
    26  WITH 25 PA. CODE CH. 109 (RELATING TO SAFE DRINKING WATER).
    27  Section 4 6.  Enforcement.                                        <--
    28     The Department of Environmental Protection shall enforce this
    29  act commencing one year after the effective date of this act.
    30  Section 5 20.  Effective date.                                    <--
    20050H1588B4439                  - 2 -     

     1     This act shall take effect in 120 days.




















    D5L35MRD/20050H1588B4439         - 3 -