Bill Number: HB 5104
Subject: Water Quality
Sponsor: Sheldon Neeley
MASA Position:

Description: The bill would create the Safe Drinking Water Act to protect public health, provide supervision and control over public water supplies, among other requirements. Under the bill, by August 1, 2020, each school must develop a drinking water safety plan that is available to the department, school staff, and parents upon request. The plan must specify a location where water outlets will be maintained for human consumption, locations where filtered bottle-filling stations will be maintained and the location where filtered faucets will be maintained, as well as other details. The bill specifies that one filtered bottle-filling station will be maintained for every 100 occupants of the school, not including visitors for special events. Filtered bottle-filling station means an apparatus that is connected to customer site piping, filters water, has a light or other device to indicate filter performance and is designed to fill drinking bottles and other containers for personal consumption. Annual water sampling and testing for each filtered bottle-filling station and filtered faucet in the school is required to ensure that filters are properly installed and comply with the ANSI/NSF standard of 53 for lead removal, ANSI/NSF standard of 42 for particulate removal. Each school shall review and update its drinking water safety plan every five years. Within 20 days after receiving the results of any test, a school shall report the results to the department. Within 30 days, the school must post the test results on their website and post a copy of the test results with information on the health effects of lead exposure and ways to reduce child lead exposure in its administrative office. The bill outlines a number of steps that must be taken if test results indicate the presence of lead at 1 part per billion or more, or any other contaminant at a level exceeding state drinking water standards in a sample from a bottle-filling station or filtered faucet. The school must immediately shut off or render the water outlet inoperable. The water source must not be put back into service until resampling indicates no exceedance of lead or other containment. The school must also post a conspicuous sign near the water outlet that states its out of service because of contamination. A copy of the test results must be sent to MDE, MDHHS, and every parent. The filters for the filling station must be replaced, resampled, and retested. The school must also develop a remediation plan in consultation with the Department of Environment, Great Lakes and Energy. (EGLE). By August 1, 2021, each school shall install all filtered bottle filling stations and filtration devices for filtered faucets and shut off any outlet for human consumption that has not been converted. The school must also post a sign near each water outlet indicating whether or not the outlet is intended to provide water for human consumption. EGLE will assist each school in maintaining compliance. The department will provide a template for drinking water safety plans required and provide a list of approved filtered bottle filling stations and faucet filtration devices, manufactures and providers. EGLE shall provide guidance to schools on factors that should be considered when selecting a product and device, with preference given to models that minimize plumbing between the filter and dispensing outlet. They will also provide guidance to schools on the installation and to staff on maintenance of these devices, the proper storage and disposal of filter and how to sample water. Additionally, this bill would create the School and Child Care Center Clean Drinking Water Fund within the state treasury. Treasury may receive money from any source to deposit into the fund. The department shall expend money from the fund to create and operate a program to assist child care centers in low-income geographic areas and schools with the one-time acquisition and installation of filtered stations and devices, maintenance of the equipment, and costs associated with water sampling and testing. The department may award grants and may require matching contributions.

Position Notes:
Position Date:
Bill Status: Introduced (10/15/2019; Referred to Committee on Natural Resources and Outdoor Recreation)
PA Number: NA
HB5104 link