U.S. MILITARY RESPONSIBLE FOR ALTERNATIVE

DRINKING WATER SUPPLIES IN CERTAIN CASES

Senate Bill 950 as passed by the Senate

Sponsor:  Sen. Jim Stamas

Senate Committee:  Natural Resources

1st House Committee:  Local Government (Discharged)

2nd House Committee:  Natural Resources

Complete to 12-5-16

SUMMARY:

Senate Bill 950 would amend the Safe Drinking Water Act by adding a new Section 19a. This section would require that the U.S. Armed Forces responsible for an active or inactive U.S. military base in Michigan provide an alternative water supply to the owners of private residential wells in the vicinity of that military base, if all of the following apply:

o   The Michigan Department of Health and Human Services (DHHS) has issued a drinking water advisory covering the geographic area in the vicinity of the military base.

o   The substance that is the subject of that advisory is a substance that is, or was, used at the military base.

o   The U.S. Armed Forces responsible for the military base acknowledges that the substance that is the subject of the advisory has migrated from the military base and is present in groundwater that serves as the sources of water for the private residential wells.

"Alternative water supply" would mean a long-term supply of potable water for drinking water and other household purposes, such as connection to a community supply, that does not contain the substance covered by the advisory and that meets state drinking water standards.

"Drinking water advisory" would mean an advisory issued by DHHS that cautions against using water for drinking or other household purposes because of the presence of a substance that is, or may be, injurious to human health or safety.

If the above conditions are met, then the U.S. Armed Forces responsible for that base must conduct long-term monitoring to delineate the extent of the migration of the substances of concern. The results of this testing must be provided to DHHS. If monitoring identifies additional residential wells that are affected by the substance of concern, then the responsible Armed Forces also must provide an alternative water supply for those additional wells.

If the state or a political subdivision has provided an alternative water supply to the owners of impacted residential wells and the above conditions have been met, then the Armed Forces responsible for the military base would be required to reimburse the state or that political subdivision for the cost of providing that alternative water supply. A political subdivision would also include a local health department.

FISCAL IMPACT:

Senate Bill 950 would have an indeterminate fiscal impact on state and local governments.  The bill allows for state and local governments to be reimbursed for the cost of providing an alternative water supply to the owners of residential wells in the event that local groundwater comes under a drinking water advisory as a result of contamination from a nearby US Military base.  The magnitude and frequency of such reimbursements is unclear at present.  Consequently it is difficult to determine how the bill would affect state and local costs and revenues.

                                                                                        Legislative Analyst:   Josh Roesner

                                                                                                Fiscal Analyst:   Austin Scott

This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.