March 15, 2016, Introduced by Reps. Neeley, Rutledge, Phelps, Chang, Garrett, Brunner, Hoadley, Guerra, Schor, Faris, Durhal, Dianda, Geiss, LaVoy, Hovey-Wright, Irwin, Brinks and Moss and referred to the Committee on Natural Resources.
A bill to create the office of the water ombudsman; to provide
a process for the investigation and evaluation of the quality of
drinking water provided by public water supplies; to prescribe the
powers and duties of the office, the ombudsman, the legislative
council, and certain other state agencies and officials; and to
prescribe penalties and provide remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "water
ombudsman act".
Sec. 2. As used in this act:
(a) "Administrative act" includes an action, omission,
decision, recommendation, practice, or other procedure of the
department.
(b) "Complainant" means a person that submits a complaint to
the ombudsman under this act.
(c) "Council" means the legislative council established under
section 15 of article IV of the state constitution of 1963.
(d) "Department" means the department of environmental
quality.
(e) "Office" means the office of the water ombudsman created
in section 3.
(f) "Ombudsman" means the water ombudsman appointed under
section 3.
(g) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
(h) "Public water supply" means that term as defined in
section 2 of the safe drinking water act, 1976 PA 399, MCL
325.1002.
(i) "State drinking water standards" means that term as
defined in section 2 of the safe drinking water act, 1976 PA 399,
MCL 325.1002.
(j) "Supplier of water" means that term as defined in section
2 of the state drinking water act, 1976 PA 399, MCL 325.1002.
Sec. 3. (1) The office of the water ombudsman is created
within the legislative council.
(2) The principal executive officer of the office is the water
ombudsman, who shall be appointed by and serve at the pleasure of
the council.
Sec. 4. The council shall establish procedures for approving
the budget of the office, for expending funds of the office, and
for the employment of personnel for the office.
Sec. 5. (1) The ombudsman may commence an investigation upon
his or her own initiative or upon receipt of a complaint from a
person concerning an administrative act related to the person's
drinking water or the quality of water from a public water supply.
The complaint may allege a violation of law or departmental policy
or a water quality condition that poses a significant health or
safety issue for which there is no effective administrative remedy.
(2) Subject to approval of the council, the ombudsman shall
establish procedures for receiving and processing complaints,
conducting investigations, holding hearings, and reporting the
findings resulting from the investigations.
Sec. 6. (1) Upon request and without the requirement of any
release, the ombudsman shall be given access to all information,
records, and documents in the possession of the department or a
supplier of water that the ombudsman considers necessary in an
investigation, including, but not limited to:
(a) Procedures for collecting water samples.
(b) Results of the analysis of water samples.
(c) Results of an analysis of water samples indicating
noncompliance with state drinking water standards.
(d) Evidence of violations of the safe drinking water act,
1976 PA 399, MCL 325.1001 to 325.1023.
(2) Upon request and without notice, the ombudsman shall be
granted entrance to inspect at any time any waterworks system
providing water for a public water supply.
(3) The ombudsman may hold informal hearings and may request
that any person appear before the ombudsman or at a hearing and
give testimony or produce documentary or other evidence that the
ombudsman considers relevant to an investigation.
Sec. 7. (1) The ombudsman shall advise a complainant to pursue
all administrative remedies open to the complainant. Upon request
from the ombudsman, the department shall provide a progress report
concerning the administrative processing of a complaint submitted
to the department. After the department takes administrative action
on a complaint, the ombudsman may conduct further investigation at
the request of a complainant or on his or her own initiative.
(2) The ombudsman is not required to conduct an investigation
on a complaint brought before the ombudsman. A complainant is not
entitled to have an investigation conducted by the ombudsman.
Sec. 8. Upon receiving a complaint under this act and deciding
to investigate the complaint, the ombudsman shall notify the
complainant and the department. If the ombudsman declines to
investigate, the ombudsman shall notify the complainant, in
writing, of the reasons for the ombudsman's decision.
Sec. 9. Upon request of the ombudsman, the council may hold a
hearing. The council may administer oaths, subpoena witnesses, and
examine the books and records of the department or of a supplier of
water in a matter that is or was a proper subject of investigation
by the ombudsman.
Sec. 10. (1) Subject to subsection (2), correspondence between
the ombudsman and a complainant is confidential, is privileged
communication, and is exempt from disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(2) The ombudsman shall maintain confidentiality regarding all
matters under investigation and the identities of the complainants
or persons from whom information is acquired, unless disclosure is
necessary to enable the ombudsman to perform the duties of the
office and to support any recommendations resulting from an
investigation.
(3) A report prepared and recommendations made by the
ombudsman and submitted to the council under section 11 are exempt
from disclosure under the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
Sec. 11. (1) Within 30 days after completing an investigation,
the ombudsman shall prepare and submit a report of its findings.
The report shall include recommendations to the council if the
ombudsman finds any of the following:
(a) A matter that should be considered by the department.
(b) An administrative act that should be modified or canceled.
(c) A statute or rule that should be altered.
(d) Administrative acts for which justification is necessary.
(e) Significant health and safety issues due to the quality of
drinking water provided by a public water supply.
(f) Any other significant concerns as determined by the
council.
(2) Subject to section 12, the council may forward the report
prepared and submitted under subsection (1) to the department and
the complainant who requested the report.
(3) In addition to preparing the report under subsection (1),
within 30 days after completing the investigation, the ombudsman
shall prepare and provide to the complainant a resolution report
that details the findings of the investigation, the recommendations
of the ombudsman, and any actions that have been taken to address
the complainant's concerns.
Sec. 12. Before announcing a conclusion or recommendation that
expressly or by implication criticizes the department, a supplier
of water, or other person, the ombudsman shall consult with the
department, the supplier of water, or the other person. If
publishing an opinion adverse to the department, a supplier of
water, or other person, the ombudsman shall include in that
publication a statement of reasonable length made to the ombudsman
by the department, the supplier of water, or the other person in
defense or mitigation of the finding if that statement is provided
within a reasonable period of time as determined by the council.
The ombudsman may request that the department, a supplier of water,
or other person notify it within a specified time of any action
taken on any recommendation presented. The ombudsman shall notify
the complainant of the actions the department, the supplier of
water, or the other person takes to address the complaint.
Sec. 13. (1) The ombudsman shall submit to the council and the
legislature an annual report on the conduct of the office.
(2) The ombudsman shall annually post on its website a report
that contains all of the following:
(a) The number of complaints received.
(b) The number of complaints investigated.
(c) The number of complaints resolved.
(d) The nature of each incident that was the basis for the
complaint. However, personal identifying information shall not be
included.
(e) The average time period from the receipt of a complaint
until a resolution report is provided under section 11(3).
(f) The percentage of repeat complaints.
(g) Satisfaction feedback.
(h) Any additional information the council requests to be
included in the annual report or the ombudsman considers relevant.
Sec. 14. (1) The department or a supplier of water shall not
penalize in any way a complainant or other person for filing a
complaint, providing information to the council or a legislator, or
cooperating with the ombudsman in investigating a complaint.
(2) The department, a supplier of water, or any person shall
not hinder the lawful actions of the ombudsman or employees of the
office or willfully refuse to comply with any lawful demand of the
office.
Sec. 15. The authority granted to the ombudsman under this act
is in addition to other authority granted by law relative to a
remedy or right of appeal or objection for a complainant, or any
procedure provided for the inquiry into, or investigation of, any
matter concerning a public water supply. The authority granted to
the ombudsman under this act does not limit or affect any other
remedy or right of appeal or objection provided by law and shall
not be considered to be exclusionary.
Sec. 16. A person that violates this act is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $1,000.00, or both.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.