HOUSE BILL No. 4750

 

 

June 20, 2019, Introduced by Reps. Kennedy and Howell and referred to the Committee on Natural Resources and Outdoor Recreation.

 

     A bill to amend 1976 PA 399, entitled

 

"Safe drinking water act,"

 

by amending section 21 (MCL 325.1021), as amended by 2006 PA 601,

 

and by adding section 19d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 19d. (1) If a supplier of water knows that a customer's

 

residence is served by a lead service line, the supplier shall

 

annually notify the customer that his or her residence is served by

 

a lead service line. The notice must contain all of the following:

 

     (a) Information regarding the health effects of lead.

 

     (b) Advice on the household use of water, including any

 

flushing instructions.

 

     (c) Information on the requirements of subsection (2).

 

     (2) If the owner of a residence is notified under subsection

 

(1) that the residence is served by a lead service line and if any

 

part of the residence is used as a rental unit, the owner shall

 

disclose the existence of the lead service line to the tenant in

 

the rental agreement for that rental unit or in a separate

 

disclosure statement provided for in subsection (3). If a notice

 

provided under subsection (1) indicates a material change from the

 

disclosure previously provided in the rental agreement or separate

 

disclosure statement, the owner of the residence shall notify the

 

tenant of the change.

 

     (3) The department, in consultation with representatives of

 

the rental industry, shall develop a separate written disclosure

 

statement for use under subsection (2).

 

     (4) As used in this section, "rental agreement", "rental

 

unit", and "tenant" mean those terms as defined in section 1 of

 

1972 PA 348, MCL 554.601.

 

     Sec. 21. (1) A Except as provided in subsection (2), a person

 

who violates this act, or the rules a rule promulgated under this

 

act, or an order issued pursuant to this act is guilty of a

 

misdemeanor punishable by a fine of not more than $5,000.00 for

 

each day of violation, or by imprisonment for not more than 1 year,

 

or both.

 

     (2) A law enforcement officer may issue and serve an

 

appearance ticket upon a person for a minor offense pursuant to

 

sections 9c to 9g of chapter IV of the code of criminal procedure,

 

1927 PA 175, MCL 764.9c to 764.9g.

 

     (3) A person who knowingly violates section 19d(2)is

 

responsible for a state civil infraction and may be ordered to pay

a fine of not more than $250.00. However, for each notice received

 

by the owner under section 19d(1), total fines for all rental units

 

with respect to which violations occur in a multifamily dwelling

 

shall not exceed $500.00.

 

     (4) (3) As used in this section: , "minor

 

     (a) "Minor offense" means a violation of a permit issued under

 

this act that does not functionally impair the operation or

 

capacity of a waterworks system or the level of public health

 

protection it provides.

 

     (b) "Multifamily dwelling" means that term as defined in

 

section 5459 of the public health code, 1978 PA 368,MCL 333.5459.