HOUSE BILL No. 6477


     November 7, 2002, Introduced by Rep. Kolb and referred to the Committee on Land Use and Environment.


        A bill to require the inspection of private drinking water

   wells; and to prescribe the powers and duties of certain state

   agencies.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 1.  As used in this act:

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             (a) "Certified laboratory" means a laboratory certified by

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        the department or the United States environmental protection

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        agency to conduct testing for compliance with state drinking

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        water standards.

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             (b) "Department" means the department of environmental

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        quality.

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             (c) "Lease" means an agreement to lease a parcel of residen-

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        tial property containing a well used for drinking water purposes,

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        if the water in that well is not subject to testing under the

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        safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023.


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             (d) "State drinking water standards" means that term as it

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        is defined in section 2 of the safe drinking water act, 1976

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        PA 399, MCL 325.1002.

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             (e) "Transfer" means a transfer of any interest in real

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        estate that is subject to the seller disclosure act, 1993 PA 92,

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        MCL 565.951 to 565.966, as provided in sections 2 and 3 of the

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        seller disclosure act, 1993 PA 92, MCL 565.952 and 565.953.

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             Sec. 2.  Residential property containing a private drinking

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        water well shall not be transferred or leased unless the trans-

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        feror or lessor does both of the following before the transfer or

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        lease takes place:

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             (a) Causes an inspection of the water well to be conducted

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        by a certified laboratory to determine whether the water from

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        that well complies with the state drinking water standards.

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             (b) Provides to the prospective transferee or lessee a writ-

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        ten copy of the inspection report.  The written copy shall be

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        provided not later than the time prescribed for providing the

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        written disclosure statement under the seller disclosure act,

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        1993 PA 92, MCL 565.951 to 565.966, as provided in section 4 of

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        the seller disclosure act, 1993 PA 92, MCL 565.954.

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             Sec. 3.  The department may promulgate rules pursuant to the

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        administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

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        24.328, to implement this act.











   07780'02          Final page.                            JCB