HOUSE BILL NO. 4750

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

"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.

(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.