Bill Text: MI SB0241 | 2019-2020 | 100th Legislature | Chaptered


Bill Title: Public utilities: water utilities; water shutoff protection act; enact. Creates new act.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Passed) 2020-12-23 - Assigned Pa 0252'20 With Immediate Effect [SB0241 Detail]

Download: Michigan-2019-SB0241-Chaptered.html

Act No. 252

Public Acts of 2020

Approved by the Governor

December 22, 2020

Filed with the Secretary of State

December 22, 2020

EFFECTIVE DATE: December 22, 2020

state of michigan

100th Legislature

Regular session of 2020

Introduced by Senators Chang, Geiss, Alexander, Wojno, Irwin, Hertel, Ananich, Moss, Bullock and Bayer

ENROLLED SENATE BILL No. 241

AN ACT to prescribe the powers and duties of public water suppliers in this state; to prescribe the powers and duties of certain state and local officers and entities; to require certain reporting requirements by public water suppliers; and to repeal acts and parts of acts.

The People of the State of Michigan enact:

Sec. 1. This act shall be known and may be cited as the “water shutoff restoration act”.

 

Sec. 2. As used in this act:

(a) “Public water supply” means that term as defined in section 2 of the safe drinking water act, 1976 PA 399, MCL 325.1002.

(b) “Service area” means the area for which a public water supply collects payment for water service.

 

Sec. 3. (1) A public water supply shall not shut off water service to any occupied residence due to nonpayment. A public water supply must restore water service to any occupied residence where water service has been shut off due to nonpayment as long as the public water service does not have reason to believe that reconnection would create a risk to the public health due to an improper cross connection. To facilitate the restoration of water service, a public water supply must immediately make best efforts to determine those occupied residences within their service areas that do not have water service.

(2) If a public water supply determines that any occupied residence within its service area has had water shut off for any reason other than nonpayment, or that reconnection would create a risk to public health due to an improper cross connection, the public water supply must make best efforts to remedy these conditions and restore water service to those occupied residences as soon as possible.

 

Sec. 4. Any public water supply that has used water shutoffs as a remedy for nonpayment within the year preceding the effective date of this act and that has not submitted a report to the State of Michigan Emergency Operations Center before the effective date of this act that meets all of the following requirements must submit a supplemental report to the State of Michigan Emergency Operations Center every 30 days until the public water supply submits a report that meets all of the following requirements:

(a) An account of the efforts that have been made to determine those occupied residences within the public water supply’s service area that do not have water service.

(b) The number of occupied residences within the public water supply’s service area that do not have water service as a result of nonpayment.

(c) The number of occupied residences within the public water supply’s service area that do not have water service as a result of any reason other than nonpayment.

(d) A certification, if true, of all of the following:

(i) That best efforts have been exercised to determine those occupied residences within the service area that do not have water service.

(ii) That to the best of the public water supply’s knowledge no occupied residences have their water service shut off due to nonpayment.

(iii) That the public water supply has reconnected water service for all occupied residences that can be reconnected without creating a potential risk to public health.

(iv) That the public water supply has exercised best efforts to remedy the conditions that prevent reconnection due to a risk to public health.

 

Sec. 5. This act does not abrogate the obligation of a resident to pay for water, prevent a public water supply from charging any customer for water service, or reduce the amount a resident may owe a public water supply.

 

Sec. 6. This act is repealed effective March 31, 2021.

Text, letter

Description automatically generatedThis act is ordered to take immediate effect.

 

Secretary of the Senate

 

Clerk of the House of Representatives

Approved___________________________________________

____________________________________________________

Governor

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