All State Policies: Michigan
Who’s Responsible?
Below are short descriptions of relevant state agencies/departments by policy topic, followed by more information on specific policies.
Drinking Water: Michigan Department of Environment, Great Lakes, and Energy (EGLE) has primary enforcement authority in Michigan for the Federal Safe Drinking Water Act under the legislative authority of the Michigan Safe Drinking Water Act. EGLE’s Water Resources Division protects and monitors Michigan’s waters. The Division’s mission is to make Michigan’s waters safe and clean for recreating, fishing, drinking, and healthy aquatic ecosystems. EGLE regulates all public water supplies, including approximately 1,400 community water supplies and 10,000 noncommunity water supplies. Michigan has nearly 1.12 million households served by private wells.
Policies
Drinking Water
Senate Bill 88
10/24/2023
The act establishes a requirement for child care centers to develop and maintain a drinking water management plan to reduce exposure to lead contamination in drinking water. Very similar to the program created in MI HB 4341. The act requires child care centers to show where filtered faucets, bottle-filling stations, and pitchers will be located, as well as unfiltered locations. The centers must review and update their plans at least every 5 years, and the filtered water must be sampled and tested at least every 2 years. If a concentration of more than 5ppb of lead is found, the water outlet must be made inoperable and a sign posted nearby that there is a high concentration of lead in the water.
The act took effect along with Michigan HB 4341 and HB 4342.
House Bill 4342
10/24/2023
The act requires child care centers to post a “conspicuous sign” near water outlets and drinking water fountains with information on whether or not the water is for human consumption. It includes standards to meet for filtering lead from drinking water, as well as making testing results to the public and parents of children enrolled at the center. In addition, assistance and training will be provided to child care centers to stay in compliance with the drinking water management plan requirements created in Section 3i (included in SB 88).
The act took effect along with Michigan SB 88 and HB 4341.
House Bill 4341
10/24/2023
The act directs schools to develop a publicly available drinking water management plan within 15 months of October 24, 2023. The plan is to be updated at least once every 5 years. There must be 1 filtered bottle-filling station for every 100 occupants and/or a filtered faucet for locations where a bottle-filling station isn’t feasible.
Annual water sampling of the filtered water is required. If the test results show a lead concentration of more than 5ppb, the school must shut off the water outlet and post a sign near the station or faucet. Any faucets or outlets intended for human consumption that don’t have a filter must be made inoperable. Signs must be placed near water outlets stating whether they are intended for human consumption.
Finally, the act creates a clean drinking water fund to help with the creation of filtered water outlets, their maintenance, and testing costs. The act took effect along with Michigan SB 88 and HB 4342.
MI Clean Water Plan
10/1/2020
The plan includes funding for a Lead Service Line Replacement in Disadvantaged Communities Program – $102 million and Lead and Copper Drinking Water Asset Management Grants – $37.5 million, Clean Water Infrastructure Grants (eliminating sanitary sewer overflows; correcting combined sewer overflows; increasing green infrastructure) – $235 million, among other allocations.
PFAS Drinking Water Standards Ruleset
7/22/2020
Michigan Department of Environment, Great Lakes, and Energy (EGLE) adopted a ruleset that took effect August 3, 2020. The rules provide drinking water standards for public water systems to achieve. Michigan’s first-ever regulations limiting seven PFAS chemicals in drinking water covers roughly 2,700 public water supplies around the state and exceed the current US Environmental Protection Agency (EPA) guidance on the chemicals. The levels are set at 6 ppt for PFNA, 8 ppt for PFOA, and 16 ppt for PFOS. For more information, see the Michigan PFAS Action Response Team (MPART) website on PFAS.
Executive Order 2019-3 Department of Environmental Quality Michigan PFAS Action Response Team
2/4/2019
EO 2019-3 was signed by Governor Whitmer in February 2019, establishing Michigan PFAS Action Response Team (MPART) as an established advisory body within the Department of Environmental Quality (MPART was first created as a temporary group through executive directive in 2017). MPART consists of officials from 10 different state departments. MPART researches sources and locations of PFAS contamination to protect drinking water and alert the public of high levels of PFAS and to develop individualized response strategies and environmental response protocols for all positively identified sites. The Executive Order also created a Citizen’s Advisory Workgroup to represent concerns of communities impacted by PFAS and to provide input to MPART.
View the Executive Order here.
Lead and Copper Rule Revision
June 2018
Michigan revised its LCR in 2018, making it the strictest in the nation. The lead action level of 15 ppb will drop to 12 ppb on January 1, 2025. The rule mandates full lead service line replacement within 20 years at a rate of at least five percent per year regardless of whether a water system exceeds the Lead Action Level. The rule bans partial replacement of lead service lines, and water utilities are responsible for paying the full cost of complete lead service line replacement. Sampling requirements and methods were also updated to improve reliability of sampling. A Distribution System Materials Inventory was also outlined in the rule, establishing timelines for updating comprehensive inventories of lead service lines, the status of replacement efforts, and informing residents of the presence of service line content. The rule also increased transparency, including the development of a state water system advisory council to help develop public awareness campaign materials. Every water system with more than 50,000 customers must also have a Water System Advisory Council.
