Bill Text: MI HB4125 | 2017-2018 | 99th Legislature | Introduced

---

Bill Title: Water; quality; testing for lead and copper in drinking water; require, and specify procedures. Amends sec. 2 of 1976 PA 399 (MCL 325.1002) & adds secs. 7a & 7b.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-02-01 - Bill Electronically Reproduced 01/31/2017 [HB4125 Detail]

Download: Michigan-2017-HB4125-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4125

 

 

January 31, 2017, Introduced by Reps. Phelps, Zemke, Chang, Sneller, Hammoud, LaGrand, Moss, Sowerby, Faris, Guerra, Wittenberg, Pagan, Love, Santana, Greig, Neeley, Green, Elder, Geiss, Inman, Hoadley, Rabhi, Kesto, Chirkun, Hertel, Yanez and Schor 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 sections 7a and 7b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Action level" means the concentration of lead or copper

 

in water, as specified in rules promulgated under this act, that

 

may determine the treatment requirements for a public water supply.

 

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

 

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

 

closed container.

 

     (c) (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.

 

     (d) "Child care center" means a child care center as defined

 

in section 1 of 1973 PA 116, MCL 722.111.

 

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

 

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

 

which regularly provides year-round service to not no fewer than 25

 

residents.

 

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

 

or radiological substance or matter in water.

 

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

 

water main and customer site piping or building plumbing system.

 

     (h) (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.

 

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

 

quality or its authorized agent or representative.

 

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

 

environmental quality or his or her authorized agent or

 

representative.

 

     (k) (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 health of people.

 

     (l) (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.

 

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

 

is not a community supply, but that has not less than 15 service

 

connections or that serves not no fewer than 25 individuals on an

 

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

 

     (n) (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 includes including water supplies in places

 

of employment, schools, and day-care day care centers.

 

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

 

copartnership, cooperative, firm, company, public or private

 

association or corporation, political subdivision, agency of the

 

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.

 

     (p) (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.

 

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

 

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

 

or combination thereof.of those entities.

 

     (r) "Profile testing" means testing of water samples drawn at

flushing intervals that are appropriate to obtain water that has

 

been standing in the service connection, the site piping, and the

 

building plumbing system of a structure.

 

     (s) (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.

 

     (t) (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.

 

     (u) (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.

 

     (v) "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.

 

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

 

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

 

hauler.

 

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

 

noncommunity supply that does not meet the definition of

 

nontransient noncommunity water supply.

 

     (y) (v) "Water hauler" means a person engaged that engages in

 

bulk vehicular transportation of water to other than the water

 

hauler's own household, which water is intended for use or used for

 

drinking or household purposes. . Excluded from this definition are

 

those persons Water hauler does not include a person providing

 

water solely for employee his or her employees' use.

 

     (z) (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.

 

     (aa) (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, actually used or intended for use for the purpose of

 

furnishing water for drinking or household purposes.

 

     (bb) (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) A supplier of water shall sample its public water

 

supply annually and test it for the presence of lead and copper.

 

     (2) Sampling and testing under subsection (1) must comply with

 

all of the following:

 

     (a) If a supplier of water samples water at a residence that

 

is served by a lead service line, the supplier of water shall draw

 

the sample from water that has been standing in the lead service

 

line.

 

     (b) A supplier of water shall place the following in separate

 

pools for the purposes of sampling, testing, and reporting:

 

     (i) Residences that contain copper pipes soldered with lead

 

and installed after 1982 or that contain lead pipes.

 

     (ii) Residences that are served by a lead service line.

 

     (iii) All other residences.

 

     (c) A supplier of water shall conduct sampling on a random

 

basis in each pool, subject to customer participation levels.

 

     (d) A supplier of water shall determine the number of

 

residences to be sampled from each pool before any testing begins

 

and that number shall be targeted to yield results at a 95%

 

confidence level and a 5% confidence interval, unless a lower

 

confidence level or larger confidence interval is required because

 

of customer participation levels.

 

     (e) A supplier of water shall not discard test results for any

 

sample except as provided by law.

 

     (3) A supplier of water shall notify each customer whose water

 

is sampled for testing under subsection (1) of the results of the

testing. The notice shall specify the state drinking water

 

standards for lead and copper and the level of lead and copper in

 

each sample from that customer's residence.

 

     (4) If testing under subsection (1) indicates the presence of

 

lead or copper in the public water supply in a concentration

 

exceeding the lead or copper action level, the supplier of water

 

shall do both of the following:

 

     (a) Conduct profile testing of water samples for the presence

 

of and concentration of lead or copper in the public water supply.

 

     (b) Include in any public notice or public education materials

 

required by rules promulgated under this act both of the following:

 

     (i) The results of profile testing under subdivision (a) with

 

concentrations of lead or copper exceeding the lead or copper

 

action level.

 

     (ii) Advice on the household use of water, including any

 

flushing instructions that may reduce the threat posed by the

 

presence of lead or copper in the water.

 

     Sec. 7b. If a supplier of water knows that a customer's

 

residence is served by a lead service line, the supplier shall

 

annually notify the customer that his or her residence is served by

 

a lead service line. The notice must contain information regarding

 

the health effects of lead and advice on the household use of

 

water, including any flushing instructions.