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HB 4352

Water supply: systems; authority as municipal authority; modify. Amends title & secs. 1, 4, 4a, 4b, 4c & 4d of 1955 PA 233 (MCL 124.281 et seq.).

2025-2026 Regular Session Introduced by Timmy Beson and 9 co-sponsors

HB 4352 would allow large water/sewer authorities to adopt their own ordinances and create a law enforcement agency with peace officer powers to enforce state law and local rules.

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT
#publicutilities:municipalutilities #watersupply:systems
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Bill Summary · HB 4352

Summary — HB 4352 (Substitute H‑1)

Status: Introduced Mar 11, 2025; introduced in House Apr 22, 2025; reported from committee with substitute (H‑1) Aug 21, 2025; referred to second reading. Tie‑bar: HBs 4353–4355 cannot take effect unless HB 4352 is enacted.

Purpose

HB 4352 amends the Municipal Authorities Act (1955 PA 233, MCL 124.281 et seq.) to grant certain large water/sewer authorities expanded regulatory and enforcement powers, including the authority to adopt ordinances and to create an internal law enforcement agency with peace‑officer powers. The bill is intended to provide security and operational control over major regional water, sewage, and solid waste systems (committee testimony cited the Great Lakes Water Authority as a primary example).

Key provisions

  • Definition of “qualified authority”: an authority that owns or operates a sewage disposal or water supply system with a treatment capacity of 1,000,000,000 gallons or more (1.0 billion gallons).
  • Ordinance and rule‑making power (qualified authorities only): may adopt and enforce ordinances, rules, and regulations for the orderly, safe, efficient, and sanitary operation/use of sewage disposal systems, solid waste management systems, and water supply systems owned/operated by the authority.
  • Penalties: ordinances may provide civil fines and criminal penalties to the same extent as a city that owns a comparable system under the act.
  • Adoption process and notice: ordinances/rules adoptable by resolution of the authority’s governing body; authority must notify constituent municipalities, publish the resolution (or plain‑language summary) on its website and in a newspaper of general circulation covering the authority’s territory and any contracted service municipalities. Ordinances take effect 30 days after required publication.
  • Enforcement and citations: enforcement may be carried out by the qualified authority, its constituent municipalities, municipalities or federally recognized Indian tribes that contract for services, and by peace officers; authorized enforcers may issue citations/appearance tickets.
  • Law enforcement agency: a qualified authority may create a law enforcement agency, appoint/employ officers, administer oaths, and grant officers the powers, immunities, and authorities of state peace/police officers to enforce state law, local ordinances, and authority rules — and, to the extent permitted by federal law, applicable federal security laws. Documentation of the grant of authority must be filed with the Michigan Commission on Law Enforcement Standards (MCOLES).
  • Reporting: law enforcement agencies established under the bill must submit monthly uniform crime reports to the Michigan State Police as required by law.

Who is affected

  • Qualified authorities meeting the 1.0 billion gallon threshold (e.g., large regional water/sewer authorities).
  • Constituent municipalities and municipalities or Indian tribes that contract for services with a qualified authority.
  • Members of the public and entities located in areas served by qualified authorities who would be subject to new ordinances and potential fines/penalties.
  • Local courts and local governments (potentially increased enforcement activity and caseloads).

Fiscal impact & implementation considerations

  • No anticipated state fiscal impact.
  • Indeterminate local fiscal impact: possible increased costs for local courts and municipal, county, and tribal governments that enforce or respond to citations. Fine revenue would be distributed to the local unit(s) where infractions occur (subject to existing law library funding rules).
  • Supporters: argue the powers are comparable to those granted to other infrastructure providers (e.g., airports) and are needed for security of critical water infrastructure.
  • Opponents: contend existing private security avenues (e.g., Private Security Business and Security Alarm Act) suffice and that the bill expands police powers beyond what is necessary.

Related bills and procedural notes

  • HBs 4353–4355 are tie‑barred to HB 4352: they amend evidence rules, MCOLES definitions, and pursuit jurisdiction for qualified‑authority officers, respectively, and only take effect if HB 4352 is enacted.
  • Next procedural step (as of Aug 21, 2025): bill is on second reading in the House.

Compiled from official sources — confirm details with the bill’s official record.

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