December 14, 2016, Introduced by Senator ANANICH and referred to the Committee on Government Operations.
A bill to amend 1976 PA 399, entitled
"Safe drinking water act,"
by amending section 2 (MCL 325.1002), as amended by 1998 PA 56, and
by adding section 25.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Asset management" means maintaining, upgrading, and
operating physical assets cost-effectively and on an ongoing basis,
based on a continuous physical inventory and condition assessment.
(b)
(a) "Bottled drinking water" means water that
is
ultimately sold, provided, or offered for human consumption in a
closed container.
(c) (b)
"Capacity assessment"
means an evaluation of the
technical, financial, and managerial capability of a community
supply or nontransient noncommunity water supply to comply and
maintain compliance with all requirements of this act and the rules
promulgated under this act.
(d) "Central data storage agency" means that agency or office
chosen by the department where the asset manager data collected are
stored and maintained.
(e) (c)
"Community supply" means a
1 of the following as
implied by the context:
(i) A public water supply that provides year-round service to
not
fewer than 15 living units or which that regularly provides
year-round service to not fewer than 25 residents.
(ii) The owner or operator of a public water supply described
in subparagraph (i).
(f) (d)
"Contaminant" means a
physical, chemical, biological,
or radiological substance or matter in water.
(g) "Council" means the water supply asset management council
created by section 25.
(h)
(e) "Customer service connection" means the
pipe between a
water main and customer site piping or a building plumbing system.
(i) (f)
"Customer site piping"
means an underground piping
system owned or controlled by the customer that conveys water from
the customer service connection to building plumbing systems and
other points of use on lands owned or controlled by the customer.
Customer site piping does not include any system that incorporates
treatment to protect public health.
(j) (g)
"Department" means the
department of environmental
quality or its authorized agent or representative.
(k) (h)
"Director" means the
director of the department of
environmental quality or his or her authorized agent or
representative.
(l) (i)
"Imminent hazard" means
that in the judgment of the
director there is a violation, or a condition that may cause a
violation, of the state drinking water standards at a public water
supply requiring immediate action to prevent endangering the health
of people.
(m) (j)
"Living unit" means a
house, apartment, or other
domicile
occupied or intended to be occupied on a day to day day-
to-day basis by an individual, family group, or equivalent.
(n) "Multiyear program" means a compilation of community
supply projects anticipated to be contracted for by the community
supply during a 3-year period. The multiyear program shall include
a listing of each project to be funded in whole or in part with
state or federal funds.
(o)
(k) "Noncommunity supply" means a public water
supply that
is not a community supply, but that has not less than 15 service
connections or that serves not fewer than 25 individuals on an
average daily basis for not less than 60 days per year.
(p) (l) "Nontransient
noncommunity water supply" means a
noncommunity public water supply that serves not fewer than 25 of
the same individuals on an average daily basis over 6 months per
year. This definition includes water supplies in places of
employment, schools, and day-care centers.
(q) (m)
"Person" means an
individual, partnership,
copartnership,
cooperative, firm, company, public
or private
association
or corporation, political subdivision, agency of the
this state, agency of the federal government, trust, estate, joint
structure
company, or any other legal entity, or their its legal
representative, agent, or assigns.
(r) (n)
"Plans and
specifications" means drawings, data, and a
true description or representation of an entire waterworks system
or parts of the system as it exists or is to be constructed, and a
statement on how a waterworks system is to be operated.
(s) (o)
"Political subdivision"
means a city, village,
township, charter township, county, district, or authority or a
portion
or combination thereof.of
any of these.
(t) (p)
"Public water supply"
means a waterworks system that
provides water for drinking or household purposes to persons other
than the supplier of the water, and does not include either of the
following:
(i) A waterworks system that supplies water to only 1 living
unit.
(ii) A waterworks system that consists solely of customer site
piping.
(u) (q)
"State drinking water
standards" means quality
standards setting limits for contaminant levels or establishing
treatment techniques to meet standards necessary to protect the
public health.
(v) (r)
"Service connection"
means a direct connection from a
distribution water main to a living unit or other site to provide
water for drinking or household purposes.
(w) (s)
"Source water assessment"
means a state program to
delineate the boundaries of areas in the state from which 1 or more
public water supplies receive supplies of drinking water, to
identify contaminants regulated under this act for which monitoring
is
required because the this state has determined they may present
a threat to public health, and, to the extent practical, to
determine the susceptibility of the public water supply in the
delineated area to these contaminants.
(x) (t)
"Supplier of water" or
"supplier" means a person who
that owns or operates a public water supply, and includes a water
hauler.
(y) (u)
"Transient noncommunity water
supply" means a
noncommunity supply that does not meet the definition of
nontransient noncommunity water supply.
(z) (v)
"Water hauler" means a
person engaged in bulk
vehicular
transportation, of water to other than the water hauler's
own
household, which of water that is intended
for use or used for
drinking
or household purposes. Excluded from this definition are
those
persons Water hauler does not
include a person providing
water solely for employee use.
(aa) (w)
"Water main" means a pipe
owned or controlled by a
supplier
that may convey conveys water to a customer service
connection or to a fire hydrant.
(bb) (x)
"Waterworks system" or
"system" means a system of
pipes and structures through which water is obtained and
distributed, including, but not limited to, wells and well
structures, intakes and cribs, pumping stations, treatment plants,
storage tanks, pipelines and appurtenances, or a combination
thereof,
of any of these, actually used or intended for use for the
purpose of furnishing water for drinking or household purposes.
(cc) (y)
"Year-round service"
means the ability of a supplier
of water to provide drinking water on a continuous basis to a
living unit or facility.
Sec. 25. (1) The water supply asset management council is
created within the department.
(2) The council shall consist all of the following members,
who shall be appointed by the director and are voting members
unless otherwise indicated:
(a) Two members representing the department.
(b) Two members representing cities.
(c) Two members representing community planners.
(d) One member representing community supplies.
(e) One member from academia who has knowledge of and
experience with public water supplies.
(f) One member representing the public health sector.
(g) One member representing counties.
(h) One member representing townships.
(i) One nonvoting member representing the central data storage
agency.
(3) The members first appointed to the council shall be
appointed within 60 days after the effective date of the amendatory
act that added this section. Members of the council shall serve for
terms of 3 years or until a successor is appointed, whichever is
later, except that of the members first appointed 3 shall serve for
1 year and 3 shall serve for 2 years. An individual may be
appointed for successive terms.
(4) If a vacancy occurs on the council, the director shall
make an appointment for the unexpired term in the same manner as
the original appointment. The director may remove a member of the
council for incompetence, dereliction of duty, malfeasance,
misfeasance, or nonfeasance in office, or any other good cause.
(5) The first meeting of the council shall be called by the
director. At the first meeting, the council shall elect from among
its members a chairperson and other officers as it considers
appropriate. After the first meeting, the council shall meet at
least quarterly, or more frequently at the call of the chairperson
or if requested by 4 or more members. A majority of the members of
the council constitute a quorum for the transaction of business at
a meeting of the council. A majority of the members present and
serving are required for official action of the council. The
business that the council may perform shall be conducted at a
public meeting of the council held in compliance with the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(6) A writing prepared, owned, used, in the possession of, or
retained by the council in the performance of an official function
is subject to the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(7) Members of the council shall serve without compensation,
except that a member of the council representing the department or
the central data storage agency shall serve without additional
compensation. Members of the council may be reimbursed for their
actual and necessary expenses incurred in the performance of their
official duties as members of the council.
(8) The council shall advise the department and community
supplies on a statewide asset management strategy for community
supplies and the processes and tools necessary to implement the
strategy.
(9) Within 90 days after the date of its first meeting, the
council shall develop and present to the director for approval
procedures and requirements that are necessary for the
administration of the asset management process. The procedures and
requirements shall, at a minimum, include the areas of training,
data storage and collection, reporting, development of a multiyear
program, budgeting and funding, and other issues related to asset
management. All quality control standards and protocols shall, at a
minimum, be consistent with any existing federal requirements and
regulations and existing government accounting standards.
(10) The council may appoint a technical advisory panel whose
members are representatives from associations involved in the
construction of community supplies. The council shall select
members to the technical advisory panel from names submitted by the
associations. The technical advisory panel members shall be
appointed for terms of 3 years. The council shall assign research
issues and projects to the technical advisory panel to assist in
the development of statewide asset management policies. The
technical advisory panel's recommendations are not binding on the
council.
(11) Each community supply shall annually submit a report to
the council. The report shall include a multiyear program developed
through the asset management process as developed under subsection
(9). Projects contained in the annual multiyear program shall be
consistent with the asset management process of the community
supply and shall be reported consistent with categories established
by the council.
(12) Funding necessary to support the activities described in
this section, including funding for costs incurred by publicly
owned community supplies, shall be provided by an annual
appropriation in the department's budget.
(13) The department and each community supply shall keep
accurate and uniform records on all work performed and funds
expended for the purposes of this section, pursuant to procedures
developed by the council. Each community supply shall annually
report to the council the receipts and disbursements of funds for
the implementation of this section and of asset management plans.
The report shall be made in the manner prescribed by the council,
which shall be consistent with accepted accounting procedures. A
report under this subsection may be combined with a report under
subsection (11).
(14) By February 1 of each year, the staff assigned to the
council under subsection (15) shall submit to the director and the
legislature a report regarding the results of activities conducted
during the preceding year and the expenditure of funds related to
those activities. The report shall also include an overview of the
activities identified for the succeeding year.
(15) The department shall provide qualified administrative
staff to the council.
(16) The department shall designate a central data storage
agency within 45 days after the effective date of the amendatory
act that added this section.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.