Bill Text: MI HB4248 | 2021-2022 | 101st Legislature | Introduced


Bill Title: Water supply: quality and standards; 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 42-0)

Status: (Introduced - Dead) 2021-02-17 - Bill Electronically Reproduced 02/16/2021 [HB4248 Detail]

Download: Michigan-2021-HB4248-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL NO. 4248

February 16, 2021, Introduced by Reps. Neeley, Sneller, Cherry, Brenda Carter, Hood, Hope, O'Neal, Thanedar, Scott, Brabec, Clemente, Shannon, Coleman, Young, Koleszar, Brixie, LaGrand, Stone, Puri, Bolden, Cavanagh, Morse, Liberati, Cynthia Johnson, Manoogian, Cambensy, Hammoud, Hertel, Garza, Sowerby, Aiyash, Tyrone Carter, Camilleri, Steckloff, Breen, Sabo, Rabhi, Kuppa, Jones, Rogers, Anthony and Yancey and referred to the Committee on Natural Resources and Outdoor Recreation.

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 environment, Great Lakes, and energy 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 no fewer than 25 individuals on an average daily basis for not less no fewer 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 will 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 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 that does all of the following:

(i) Delineates the boundaries of areas in the state from which 1 or more public water supplies receive supplies of drinking water. , to identify

(ii) Identifies contaminants regulated under this act for which monitoring is required because the this state has determined that they may present a threat to the public health. , and, to

(iii) To the extent practical, to determine determines 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 that 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 persons providing Water hauler does not include a person that provides 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 report the test results to the department.

(3) Upon receipt of test results under subsection (2), the department shall make the test results available to the public on the department's website.

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

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