SB-0950, As Passed Senate, December 14, 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 950

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1976 PA 399, entitled

 

"Safe drinking water act,"

 

(MCL 325.1001 to 325.1023) by adding section 19a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 19a. (1) If the state or federal government is or was the

 

owner or operator of real property at the time a substance of

 

concern was used on the real property, the state or federal

 

government 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 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

 

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 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 shall reimburse the state agency or the political

 

subdivision for the cost of providing the alternative water supply.

 

     (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.

 

     (c) "Impacted water source" means a public water supply or a

 

residential well that is subject to a public health advisory for

 

drinking water.

 

     (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.

 

     (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.