January 24, 2017, Introduced by Senators ANANICH and HERTEL and referred to the Committee on Government Operations.



     A bill to amend 1976 PA 399, entitled


"Safe drinking water act,"


by amending section 5 (MCL 325.1005), as amended by 1998 PA 56.




     Sec. 5. (1) The department shall promulgate and enforce rules


to carry out this act pursuant to the administrative procedures act


of 1969, 1969 PA 306, MCL 24.201 to 24.328. The rules, at a


minimum, shall must include all of the following:


     (a) Requirements for the submission of reports, plans, and


specifications for the design and construction of all or part of a


waterworks system or a part thereof, and a plan for operating and


maintaining all or a part of the waterworks system, including the


protection of water quality within the distribution system as


necessary to protect the public health.


     (b) State drinking water standards and associated monitoring

requirements, the attainment and maintenance of which are necessary


to protect the public health.


     (c) The Criteria for the classification of waterworks systems


or portions thereof, the of waterworks systems, examination for


certification of the operators of those systems including shift


operators of water treatment systems, and for the issuance,


suspension, and revocation of certificates.


     (d) Criteria for capacity assessments performed by the


department at community supplies, nontransient noncommunity water


supplies, or a public water supply applying to the department for


assistance under part 54 of the natural resources and environmental


protection act, 1994 PA 451, MCL 324.5401 to 324.5418.


     (e) Requirements for provision of facilities by public water


supplies that will assure ensure an adequate and reliable supply of


drinking water on a continuous basis.


     (2) Rules governing public water supplies promulgated under


former 1913 PA 98 , and which that were in effect on January 4,


1977 are continued in accordance with section 31 of the


administrative procedures act of 1969, 1969 PA 306, MCL 24.231, and


may be amended or rescinded by the director under this act.


     (3) No rule promulgated may require The department shall not


promulgate a rule under this act that requires the addition of any


substance for preventive health care purposes unrelated to


contamination of drinking water.


     (4) Notwithstanding any rule promulgated under this act to the


contrary, but subject to subsection (5), the action level for lead


in drinking water is as follows:

     (a) Beginning December 31, 2017, 10 parts per billion.


     (b) Beginning January 1, 2021, 5 parts per billion.


     (5) The department may establish, by rule, a lower action


level than is provided in subsection (4). The department shall make


every effort to achieve an action level goal for lead in drinking


water of zero parts per billion.


     (6) It is the intent of the legislature to make appropriations


to pay units of local government that own community supplies or


nontransient noncommunity water supplies for any necessary


increased costs of complying with a lead action level under


subsection (4) or under a rule promulgated under subsection (5).


     Enacting section 1. This amendatory act takes effect 90 days


after the date it is enacted into law.