June 5, 2018, Introduced by Reps. Brinks, Cambensy, Faris, Geiss, Gay-Dagnogo, Moss, Zemke, Pagan, Lasinski and LaGrand and referred to the Committee on Natural Resources.
A bill to amend 1976 PA 399, entitled
"Safe drinking water act,"
by amending section 19a (MCL 325.1019a), as added by 2016 PA 545.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
19a. (1) If the state or federal government A person that
used
or that is or was the owner or
operator of responsible for
the
use
of a substance of concern on real
property at the time a
substance
of concern was used on the real property, the state or
federal
government owned or operated
by that person shall provide
an alternative water supply to the users of an impacted water
source in the vicinity of the real property if all of the following
conditions are met:
(a)
The Michigan department of health and human services has
issued a public health advisory for drinking water covering the
geographic area in the vicinity of the real property.
(b) The substance of concern that is the subject of the public
health advisory for drinking water is a substance that is or was
used on the real property.
(c)
The state or federal government person
that used or that
is or was responsible for the use of the substance of concern on
the real property acknowledges that the substance of concern has
migrated from the real property and is present in groundwater that
provides water to the impacted water source.
(2) If the conditions of subsection (1)(a), (b), and (c) are
met,
the state or federal government that is or was the owner of
person that used or that is or was responsible for the use of the
substance of concern on the real property shall conduct long-term
monitoring to delineate the extent of the migration of the
substance of concern. The results of this monitoring must be
provided
to the department and to the Michigan department of health
and human services. If the monitoring identifies additional
impacted water sources containing the substance of concern, the
state
or federal government that is or was the owner of person that
used or that is or was responsible for the use of the substance of
concern on the real property shall provide an alternative water
supply for the users of those additional impacted water sources.
(3) If a state agency or a political subdivision, including a
local health department as defined in section 1105 of the public
health code, 1978 PA 368, MCL 333.1105, has provided an alternative
water supply to the users of an impacted water source, and the
conditions of subsection (1)(a), (b), and (c) have been met, the
state
or federal government that is or was the owner of the real
property
person that used or that is
or was responsible for the use
of the substance of concern on the real property shall reimburse
the state agency or the political subdivision for the cost of
providing the alternative water supply.
(4) Notwithstanding any other provision of this section to the
contrary, this section does not apply to the use of consumer goods,
products, or services on real property for individual, family,
domestic, or household purposes, which purposes include, but are
not limited to, individual or domestic hygiene, individual
consumption, and maintenance, repair, or upkeep of a residence or
other residential property.
(5) (4)
As used in this section:
(a) "Alternative water supply" means a long-term supply of
potable water for drinking water and other household purposes, such
as connection to a community supply, that meets state drinking
water standards and is not an impacted water source.
(b)
"Federal government" means a department, agency, or
instrumentality
of the United States.
(b) (c)
"Impacted water source"
means a public water supply or
a residential well that is subject to a public health advisory for
drinking water.
(c) (d)
"Public health advisory for
drinking water" means an
advisory
issued by the Michigan department of health and human
services that cautions against using water for drinking or other
household purposes because of the presence of a substance of
concern.
(d) (e)
"Substance of concern"
means a substance that the
Michigan
department of health and human
services has determined is
or may be injurious to human health or safety.