Bill Text: MI SB0590 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Water; quality; installation of filtration systems in schools; require, and create the school and child care center clean drinking water fund. Amends title & sec. 2 of 1976 PA 399 (MCL 325.1002) & adds secs. 7a, 7b, 7c & 7d. TIE BAR WITH: SB 0589'19
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-10-15 - Referred To Committee On Environmental Quality [SB0590 Detail]
Download: Michigan-2019-SB0590-Introduced.html
SENATE BILL NO. 590
October 15, 2019, Introduced by Senator
VANDERWALL and referred to the Committee on Environmental Quality.
A bill to amend 1976 PA 399, entitled
"Safe drinking water act,"
by amending the title and section 2 (MCL 325.1002), as amended by 1998 PA 56, and by adding sections 7a, 7b, 7c, and 7d.
the people of the state of michigan enact:
An act to protect the public health; to provide for supervision and control over public water supplies; to prescribe the powers and duties of the department of environmental quality; environment, Great Lakes, and energy; to provide for the submission of plans and specifications for waterworks systems and the issuance of construction permits therefor; to provide for capacity assessments and source water assessments of public water supplies; to provide for the classification of public water supplies and the examination, certification and regulation of persons operating those systems; to provide for continuous, adequate operation of privately owned, public water supplies; to authorize the promulgation of rules; to carry out the intent of the act; to create the water supply fund; to create and provide for the administration of the water supply fund; restricted funds; and to provide for penalties, civil sanctions, and remedies.
(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 fewer than 15 living units or which that regularly provides year-round service to not 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) "Filtered bottle-filling station" or "station" means an apparatus that meets all of the following requirements:
(i) Is connected to customer site piping.
(ii) Filters water.
(iii) Has a light or other device to indicate filter performance.
(iv) Is designed to fill drinking bottles or other containers used for personal water consumption.
(k) "Filtered faucet" means a faucet that includes a filter at the point of use.
(l) (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.
(m) (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.
(n) (k) "Noncommunity supply" means a public water supply that is not a community supply, but that has not less fewer than 15 service connections or that serves not fewer than 25 individuals on an average daily basis for not less fewer than 60 days per year.
(o) (l) "Nontransient noncommunity water supply" means a noncommunity public water supply that serves not 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.
(p) (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.
(q) (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.
(r) (o) "Political subdivision" means a city, village, township, charter township, county, district, authority, or portion or combination thereof.of a city, village, township, charter township, county, district, or authority.
(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 but 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) "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.
(u) (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.
(v) (s) "Source water assessment" means a state program to delineate the boundaries of areas in the this 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 this state has determined they those contaminants 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.
(w) "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.
(x) (t) "Supplier of water" or "supplier" means a person who owns or operates a public water supply, and includes a water hauler.
(y) (u) "Transient noncommunity water supply" means a noncommunity supply that does not meet the definition of nontransient noncommunity water supply.
(z) (v) "Water hauler" means a person engaged in bulk vehicular transportation of water to other than the water hauler's own household which if the water 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.
(aa) (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.
(bb) (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, or pipelines and appurtenances, or a combination thereof, of those components, actually used or intended for use for the purpose of furnishing water for drinking or household purposes.
(cc) (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) By August 1, 2020, each school shall develop a drinking water safety plan. The school shall make the plan available to the department, school staff, and parents upon request. A public school shall make the plan available to the general public upon request. The plan shall do all of the following:
(a) Specify all of the following, by category:
(i) Locations where water outlets will be maintained to deliver water for human consumption, whether as drinking water or a component of a food or beverage, using the following categories:
(A) Locations where filtered bottle-filling stations will be maintained. The plan shall provide for the maintenance of at least 1 station for every 100 occupants of the school, not including visitors or those attending special events.
(B) Locations where filtered faucets will be maintained.
(ii) Locations where water outlets will be maintained for purposes other than as described in subparagraph (i).
(iii) Locations of water outlets that will be taken out of service.
(b) Establish schedules for each of the following:
(i) Annual water sampling and testing for each filtered bottle-filling station and filtered faucet in the school to ensure that filters are properly installed and comply with ANSI/NSF standard 53 for lead removal, ANSI/NSF standard 42 for particulate removal, and any other standards for contaminant removal that the department recommends.
(ii) Regular replacement of the filter cartridge for each filtered bottle-filling station and filtered faucet in compliance with manufacturer instructions or recommendations of the department.
(2) Each school shall review and update its drinking water safety plan every 5 years and make changes as needed to comply with this section.
(3) A school shall comply with the schedules under subsection (1)(b).
(4) Within 20 days after receiving the results of any testing performed under its drinking water safety plan, a school shall report the results to the department. Within 30 days after receiving the test results, the school shall do both of the following:
(a) If the school maintains a website, post the test results on its website.
(b) Post a copy of the test results, as well as information on the health effects of lead exposure and ways to reduce child lead exposure, in a location in its administrative office readily visible to staff and parents.
(5) If test results under subsection (3) indicate the presence of lead at 1 part per billion or more or of any other contaminant at a level exceeding state drinking water standards in a sample from a filtered bottle-filling station or filtered faucet, the school shall do all of the following:
(a) Immediately shut off or render inoperable the water outlet.
(b) Not return the water outlet to service until resampling indicates no exceedance as described in this subsection of lead or any other contaminant.
(c) Post a conspicuous sign near the water outlet stating that it is inoperable because of contamination and maintain the posting until the water outlet is returned to service under subdivision (b).
(d) Send a copy of the test results to the department of education, the department of health and human services, and each parent or guardian of a student enrolled in the school.
(e) Replace the filter or filters for the filtered bottle-filling station or filtered faucet and resample and retest the water.
(f) Develop a remediation plan in consultation with the department if an exceedance of lead or any other contaminant as described in this subsection continues after replacement of the filter or filters. The school shall incorporate the remediation plan into its drinking water safety plan.
Sec. 7b. By August 1, 2021, each school shall do all of the following:
(a) Install all filtered bottle-filling stations and filtration devices for filtered faucets as indicated in the drinking water safety plan under section 7a and not already in existence.
(b) Shut off or render permanently inoperable any outlet for water for human consumption that has not been converted to a filtered bottle-filling station or filtered faucet.
(c) Post a conspicuous sign near each water outlet indicating whether or not the outlet is intended to provide water for human consumption.
Sec. 7c. (1) The department shall assist each school in maintaining compliance with this act. The department shall do all of the following:
(a) Provide a template for drinking water safety plans required under section 7a.
(b) Provide and maintain a list of approved filtered bottle-filling stations and faucet filtration devices for filtered faucets, and filter manufacturers, installers, and maintenance providers.
(c) Provide guidance on all of the following:
(i) Factors that a school should consider when selecting filtered bottle-filling stations, filtration devices for filtered faucets, and filters. The department shall give preference to models that minimize plumbing between the filter and the dispensing outlet.
(ii) The installation, operation, and maintenance of filtered bottle-filling stations and filtered faucets. The guidance shall include annual training for school staff on proper maintenance of filtered bottle-filling stations and filtered faucets.
(iii) The proper storage and disposal of a filter for a filtered bottle-filling station or filtered faucet.
(iv) How to sample water from a filtered bottle-filling station or filtered faucet for testing for lead or other contaminants.
Sec. 7d. (1) The school and child care center clean drinking water fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct investment into the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall remain in the fund and does not lapse into the general fund.
(4) The department is the administrator of the fund for auditing purposes.
(5) The department shall expend money from the fund, upon appropriation, only to create and operate a program to assist child care centers in low-income geographic areas and public schools with all of the following:
(a) The 1-time acquisition and installation of filtered bottle-filling stations and filtration devices for filtered faucets, in compliance with drinking water safety plans required under section 3i of 1973 PA 116, MCL 722.113i, and section 7a.
(b) Maintenance of filtered bottle-filling stations and filtered faucets and replacement of filters, in compliance with drinking water safety plans required under section 3i of 1973 PA 116, MCL 722.113i, and section 7a.
(c) Costs associated with water sampling and testing.
(6) The department may award grants for the purposes of subsection (5). The department may require matching contributions for the program. If it will achieve cost savings over independent purchases, the department may, for the purposes of subsection (5)(a), purchase and provide to program beneficiaries filtered bottle-filling stations and filtration devices for filtered faucets.
(7) As used in this section:
(a) "Fund" means the school and child care center clean drinking water fund.
(b) "Low-income geographic area" means a census tract where the median household income is at or below 100% of the federal poverty guidelines published annually in the Federal Register by the United States Department of Health and Human Services.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No.____ (request no. 03794'19) of the 100th Legislature is enacted into law.
