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.