Bill Text: MI HB4124 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Water; quality; program for testing and removing lead in drinking water used by schools and child care centers; provide for. Amends sec. 2 of 1976 PA 399 (MCL 325.1002) & adds sec. 7a.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-11-28 - Referred To Second Reading [HB4124 Detail]

Download: Michigan-2017-HB4124-Introduced.html

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HOUSE BILL No. 4124

 

 

January 31, 2017, Introduced by Reps. Neeley, Phelps, Geiss, Canfield, Chang, Hammoud, Faris, Schor, Durhal, Love, Zemke, Sneller, LaGrand, Moss, Sowerby, Guerra, Wittenberg, Pagan, Santana, Greig, Green, Elder, Inman, Hoadley, Scott, Rabhi, Kesto, Chirkun, Hertel and Yanez and referred to the Committee on Natural Resources.

 

     A bill to amend 1976 PA 399, entitled

 

"Safe drinking water act,"

 

by amending section 2 (MCL 325.1002), as amended by 1998 PA 56, and

 

by adding section 7a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Bottled drinking water" means water that is ultimately

 

sold, provided, or offered for human consumption in a closed

 

container.

 

     (b) "Capacity assessment" means an evaluation of the

 

technical, financial, and managerial capability of a community

 

supply or nontransient noncommunity water supply to comply and

 

maintain compliance with all requirements of this act and the rules

promulgated under this act.

 

     (c) "Child care center" means that term as defined in section

 

1 of 1973 PA 116, MCL 722.111.

 

     (d) (c) "Community supply" means a public water supply that

 

provides year-round service to not no fewer than 15 living units or

 

which that regularly provides year-round service to not no fewer

 

than 25 residents.

 

     (e) (d) "Contaminant" means a physical, chemical, biological,

 

or radiological substance or matter in water.

 

     (f) (e) "Customer service connection" means the pipe between a

 

water main and customer site piping or building plumbing system.

 

     (g) (f) "Customer site piping" means an underground piping

 

system owned or controlled by the customer that conveys water from

 

the customer service connection to building plumbing systems and

 

other points of use on lands owned or controlled by the customer.

 

Customer site piping does not include any system that incorporates

 

treatment to protect public health.

 

     (h) (g) "Department" means the department of environmental

 

quality or its authorized agent or representative.

 

     (i) (h) "Director" means the director of the department of

 

environmental quality or his or her authorized agent or

 

representative.

 

     (j) (i) "Imminent hazard" means a condition that, in the

 

judgment of the director, there is a violation, or a condition that

 

is or may cause a violation , of the state drinking water standards

 

at a public water supply requiring immediate action to prevent

 

endangering the public health. of people.

     (k) (j) "Living unit" means a house, apartment, or other

 

domicile occupied or intended to be occupied on a day to day basis

 

by an individual, family group, or equivalent.

 

     (l) (k) "Noncommunity supply" means a public water supply that

 

is not a community supply, but that has not less no fewer than 15

 

service connections or that serves not fewer than 25 individuals on

 

an average daily basis for not less than 60 days per year.

 

     (m) (l) "Nontransient noncommunity water supply" means a

 

noncommunity public water supply that serves not no fewer than 25

 

of the same individuals on an average daily basis over 6 months per

 

year. This definition Nontransient noncommunity water supply

 

includes water supplies in places of employment, schools, and day-

 

care child care centers.

 

     (n) (m) "Person" means an individual, partnership,

 

copartnership, cooperative, firm, company, public or private

 

association or corporation, political subdivision, agency of the

 

this state, agency of the federal government, trust, estate, joint

 

structure company, or any other legal entity, or their the legal

 

representative, agent, or assigns assign of a legal entity.

 

     (o) (n) "Plans and specifications" means drawings, data, and a

 

true description or representation of an entire waterworks system

 

or parts of the system as it exists or is to be constructed, and a

 

statement on how a the waterworks system is to be operated.

 

     (p) (o) "Political subdivision" means a city, village,

 

township, charter township, county, district, authority, or portion

 

or combination thereof.of those entities.

 

     (q) (p) "Public water supply" means a waterworks system that

provides water for drinking or household purposes to persons other

 

than the supplier of the water, and does not include either of the

 

following:

 

     (i) A waterworks system that supplies water to only 1 living

 

unit.

 

     (ii) A waterworks system that consists solely of customer site

 

piping.

 

      (q) "State drinking water standards" means quality standards

 

setting limits for contaminant levels or establishing treatment

 

techniques to meet standards necessary to protect the public

 

health.

 

     (r) "School" means a public school or a nonpublic school as

 

those terms are defined in section 5 of the revised school code,

 

1976 PA 451, MCL 380.5.

 

     (s) (r) "Service connection" means a direct connection from a

 

distribution water main to a living unit or other site to provide

 

water for drinking or household purposes.

 

     (t) (s) "Source water assessment" means a state program to

 

delineate the boundaries of areas in the state from which 1 or more

 

public water supplies receive supplies of drinking water; , to

 

identify contaminants regulated under this act for which monitoring

 

is required because the state has determined they may present a

 

threat to public health; , and, to the extent practical, to

 

determine the susceptibility of the public water supply in the

 

delineated area to these contaminants.

 

     (u) "State drinking water standards" means quality standards

 

setting limits for contaminant levels or establishing treatment

techniques to meet standards necessary to protect the public

 

health.

 

     (v) (t) "Supplier of water" or "supplier" means a person who

 

owns or operates a public water supply, and includes a water

 

hauler.

 

     (w) (u) "Transient noncommunity water supply" means a

 

noncommunity supply that does not meet the definition of

 

nontransient noncommunity water supply.

 

     (x) (v) "Water hauler" means a person engaged in bulk

 

vehicular transportation of water to other than the water hauler's

 

own household which and that is intended for use or used for

 

drinking or household purposes. Excluded from this definition are

 

those Water hauler does not include persons providing water solely

 

for employee use.

 

     (y) (w) "Water main" means a pipe owned or controlled by a

 

supplier that may convey water to a customer service connection or

 

to a fire hydrant.

 

     (z) (x) "Waterworks system" or "system" means a system of

 

pipes and structures through which water is obtained and

 

distributed, including but not limited to wells and well

 

structures, intakes and cribs, pumping stations, treatment plants,

 

storage tanks, and pipelines and appurtenances, or a combination

 

thereof, of these components, actually used or intended for use for

 

the purpose of furnishing water for drinking or household purposes.

 

     (aa) (y) "Year-round service" means the ability of a supplier

 

of water to provide drinking water on a continuous basis to a

 

living unit or facility.

     Sec. 7a. (1) The department shall establish a program to

 

assist schools and child care centers in testing and remedying lead

 

contamination in drinking water from drinking water coolers or

 

other sources under the control of the schools or child care

 

centers. The program must require that the school or child care

 

center repair, replace, remove, or render inoperable a drinking

 

water cooler that is a source of lead contamination.

 

     (2) Each school or child care center shall conduct periodic

 

sampling and testing of the drinking water at the school or child

 

care center for the presence of lead and shall report the test

 

results to the department.

 

     (3) Upon receipt of test results under subsection (2), the

 

department shall make them available to the public on the

 

department's website.

 

     (4) A school or child care center shall make a copy of test

 

results under subsection (2) available in its administrative

 

offices for inspection by teachers and other school personnel,

 

parents, and other members of the public.

 

     (5) The department shall promulgate rules pursuant to the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328, to implement this section.