SENATE BILL NO. 184
February 25, 2021, Introduced by Senators
VANDERWALL, ANANICH, HOLLIER, WOJNO, CHANG, BAYER, POLEHANKI, GEISS, BRINKS
and SCHMIDT and referred to the Committee on Environmental Quality.
the people of the state of michigan enact:
Sec. 1. This act shall be known and may be cited as the "clean drinking water access act".
(a) "Bubbler fixture" means a fixture on a drinking water fountain through which water is forced up in a small arc from a nozzle that allows an individual to drink from the arc directly.
(b) "Child care center" means that term as defined in section 1 of 1973 PA 116, MCL 722.111.
(c) "Department" means the department of environment, Great Lakes, and energy or its authorized agent or representative.
(d) "Drinking fountain" means a plumbing fixture that is connected to the potable water distribution system and drainage system that allows a user to obtain a drink directly from a stream of flowing water without the use of any accessory.
(e) "Filtered bottle-filling station" means an apparatus that meets all of the following requirements:
(i) Is connected to building plumbing.
(ii) Filters water.
(iii) Is certified to
meet NSF/ANSI standard 53 for lead reduction and NSF/ANSI standard 42 for
particulate removal.
(iv) Has a light or other device to indicate filter performance.
(v) Is designed to fill drinking bottles or other containers used for personal water consumption.
(vi) Has a bubbler fixture that allows the user to drink directly from a stream of flowing water without the use of any accessory.
(f) "Filtered faucet" means a faucet that includes at the point of use a filter that is certified to meet NSF/ANSI standard 53 for lead reduction and NSF/ANSI standard 42 for particulate removal.
(g) "Fund" means the school and child care center clean drinking water fund created in section 11.
(h) "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 under its authority to revise the poverty line under 42 USC 9902.
(i) "Plan" means a drinking water safety plan created under section 5.
(j) "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.
Sec. 5. (1) By August 1, 2022, each school shall develop a drinking water safety plan. The school shall make the plan available to the department, school staff, parents and guardians, and the general public on request. The plan must do all of the following:
(a) Specify the location of each water outlet using 1 of
the following categories:
(i) The location where a water outlet will be maintained to deliver water for human consumption, whether as drinking water or a component of a food or beverage, using 1 of the following categories:
(A) The location where a filtered bottle-filling station will be maintained. The plan must provide for the maintenance of at least 1 filtered bottle-filling station for every 100 occupants of the school, not including visitors or individuals attending special events.
(B) The location where a filtered faucet will be
maintained. Filtered faucets may be maintained only when the installation of a
filtered bottle-filling station is not feasible but a water outlet for human
consumption is necessary, including, but not limited to, kitchens, nurses'
stations, preschool classrooms, and teachers' lounges.
(ii) The location where a water outlet will be maintained for purposes other than as described in subparagraph (i).
(iii) The location where a water outlet will be shut off or rendered permanently inoperable.
(b) Establish a schedule for when each of the following will occur:
(i) Annual water sampling
and testing of the filtered water at each filtered bottle-filling station and
filtered faucet in the school to ensure that the filters
are properly installed and provide water with a lead concentration of less than
1 part per billion.
(ii) Regular replacement of the filter for each filtered bottle-filling station and filtered faucet in compliance with the manufacturer instructions or recommendations of the department.
(2) Each school shall review and update its plan every 5 years and make changes as directed by the department or as needed to comply with this section.
(3) A school shall comply with the schedules under subsection (1)(b).
(4) If the water sampling and testing under subsection (1)(b)(i) indicates the presence of lead at a concentration of 1 part per billion or more but not more than 5 parts per billion, the school shall do all of the following:
(a) Immediately check the status of the filter or filters at the filtered bottle-filling station or filtered faucet and replace the filter or filters if the status light indicates that replacement is or will soon be required.
(b) Ensure the filtered bottle-filling station or filtered faucet is properly installed.
(c) Resample and retest the filtered water.
(d) If the testing under subdivision (b) indicates the presence of lead at a concentration of 1 part per billion or more but not more than 5 parts per billion do both of the following:
(i) Send a copy of the test results and a document that lists the make and model of the filtered bottle-filling station or filtered faucet and filter cartridge to the department.
(ii) Consult with the department and filtered bottle-filling station or filtered faucet manufacturer.
(5) If a test performed on a sample of filtered water from a filtered bottle-filling station or filtered faucet indicates the presence of lead at a concentration of more than 5 parts per billion, the school shall do all of the following:
(a) Immediately shut off or otherwise render inoperable the water outlet.
(b) Post a conspicuous sign near the water outlet stating that the water outlet is inoperable because of contamination and maintain the sign until the water outlet is returned to service under subdivision (e).
(c) Replace the filter in the filtered bottle-filling station or filtered faucet.
(d) Resample and retest the filtered water.
(e) Return the water outlet to service if the testing under subdivision (d) indicates the presence of lead at a concentration of not more than 5 parts per billion.
(f) If the testing under subdivision (d) indicates the
presence of lead at a concentration of 1 part per billion or more but less than
5 parts per billion, comply with subsection (4)(a) to (c).
(g) If testing under subdivision (d) indicates the presence of lead at concentration of more than 5 parts per billion, do both of the following:
(i) Within 30 days after receiving the test results, send a copy of the test results to the department and each parent or guardian of a student enrolled in the school. The copy of the test results must contain a notice that includes information provided by the department on the health effects of lead exposure and ways to reduce childhood lead exposure.
(ii) Develop a
remediation plan in consultation with the department and water supplier.
Sec. 7. (1) By the
end of the 2024-2025 school year, each school shall do all of the following:
(a) Install all filtered bottle-filling stations and
filtered faucets as indicated in the plan under section 5 and not already in
existence.
(b) Shut off or render permanently inoperable any water
outlet providing water for human consumption that is not 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.
(2) The legislature shall annually appropriate to the department an amount sufficient to administer and comply with this act. Schools are not required to comply with this act unless the legislature has appropriated sufficient funds under this subsection.
Sec. 9. (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 the plan.
(b) Make available annual training for school staff and
school officials regarding the sampling protocol, reporting process for
sampling results, and other activities relevant to compliance with this act.
(c) Provide guidance on all of the following:
(i) Factors that a school should consider when selecting filtered bottle-filling stations, filtered faucets, and filters.
(ii) How to shut off or render permanently inoperable a water outlet under section 7(1)(b).
(iii) How to sample and test water from a filtered bottle-filling station or filtered faucet for lead and other contaminants.
(2) A school shall not install a drinking fountain after August 1, 2022, unless the drinking fountain is a filtered bottle-filling station.
Sec. 11. (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 credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year remains 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 schools with all of the following:
(a) The 1-time acquisition and installation of filtered
bottle-filling stations and filtered faucets, in compliance with the plan.
(b) Maintenance of filtered bottle-filling stations and filtered faucets and replacement of filters, in compliance with the plan.
(c) Costs associated with water sampling and testing.
(6) The department may award grants to operate the program under 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, filtered faucets, or filters.
Sec. 13. Filtered water collected for sampling and resampling under this act must be drawn from the bubbler of a filtered bottle-filling station or filtered faucet. The filtered water must be collected in a 250 milliliter bottle on a Monday morning before any water use occurs at the school.