Bill Text: MI SB0395 | 2019-2020 | 100th Legislature | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-08-20 - Referred To Committee On Environmental Quality [SB0395 Detail]

Download: Michigan-2019-SB0395-Introduced.html

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SENATE BILL No. 395

 

 

August 20, 2019, Introduced by Senator LASATA and referred to the Committee on Environmental Quality.

 

 

 

     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 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 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) "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.

 

     (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.

 

     (t) "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.

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

 

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

 

hauler.

 

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

 

noncommunity supply that does not meet the definition of

 

nontransient noncommunity water supply.

 

     (w) (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.

 

     (x) (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.

 

     (y) (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.

 

     (z) (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) In addition to the sampling and analysis required

 

under section 7, the department shall require certain vulnerable

population facilities to conduct sampling, analysis, and

 

remediation of lead contamination in drinking water from drinking

 

water taps and other sources of drinking water used for human

 

consumption. The sampling and analysis required under this section

 

must be conducted within 1 year after the effective date of the

 

amendatory act that added this section and at least once every 3

 

years after that.

 

     (2) Lead sampling and analysis under this section at adult

 

foster care facilities, child care centers, hospitals, housing

 

projects, and nursing homes must comply with all of the following:

 

     (a) Sampling must be conducted at all buildings where children

 

or residents are present.

 

     (b) Sampling must be done at all drinking water taps and any

 

other drinking water source for human consumption.

 

     (c) Testing protocols must include a first-draw sample that is

 

taken after at least 6 hours of stagnation in a 250 ml bottle.

 

     (3) Lead sampling at colleges and universities under this

 

section must be conducted at drinking water taps and other drinking

 

water sources that are representative of water usage on campus in a

 

manner prescribed by the department.

 

     (4) The analysis of samples collected under this section must

 

be conducted by a certified laboratory described in section 7.

 

     (5) Each vulnerable population facility that conducts sampling

 

and analysis of drinking water samples under this section shall

 

make the results of the analysis available in the administrative

 

office of the vulnerable population facility and shall report the

 

results of the analysis to the department. The department shall

make the information received under this subsection available on

 

the department's website.

 

     (6) If the sampling and analysis of any drinking water tap or

 

other source of drinking water under this section shows evidence of

 

lead in drinking water at a level higher than 12 mg/L, the owner or

 

operator of the vulnerable population facility shall do all of the

 

following:

 

     (a) Immediately take the drinking water tap or source of

 

drinking water out of service.

 

     (b) Provide direct notification to the department, staff at

 

the vulnerable population facility, parents and guardians, and

 

other users of the vulnerable population facility in a manner

 

approved by the department.

 

     (7) The sampling and analysis required under this section does

 

not apply to either of the following:

 

     (a) Any building that is constructed after January 4, 2014,

 

that is certified as lead free.

 

     (b) Any building that is determined by a licensed plumber or a

 

licensed professional engineer to be lead free and that is

 

documented in a signed statement by the person making the

 

determination.

 

     (8) The sampling and analysis that is conducted under this

 

section shall not be used for purposes of determining compliance

 

with rules promulgated under this act containing requirements for

 

sampling, analysis, and remediation due to the presence of lead and

 

copper.

 

     (9) As used in this section:

     (a) "Adult foster care facility" means that term as defined in

 

section 3 of the adult foster care facility licensing act, 1979 PA

 

218, MCL 400.703.

 

     (b) "College or university" means all of the following:

 

     (i) A college or university described in section 4, 5, or 6 of

 

article VIII of the state constitution of 1963.

 

     (ii) A junior college or community college established under

 

section 7 of article VIII of the state constitution of 1963.

 

     (iii) An independent nonprofit degree-granting college or

 

university.

 

     (c) "Hospital" means that term as defined in section 20106 of

 

the public health code, 1978 PA 368, MCL 333.20106.

 

     (d) "Housing project" means that term as defined in section 11

 

of the state housing development authority act of 1966, 1966 PA

 

346, MCL 125.1411.

 

     (e) "Nursing home" means that term as defined in section 20109

 

of the public health code, 1978 PA 368, MCL 333.20109.

 

     (f) "Vulnerable population facility" means an adult foster

 

care facility, child care center, college or university, hospital,

 

or nursing home.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.