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HB 5909

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.).

2023-2024 Regular Session Introduced by Tyrone Carter

Authorizes big municipal water/sewage authorities (≥1B gal) to enact ordinances, impose penalties, and create a law-enforcement agency to enforce them.

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT
#publicutilities:municipalutilities #watersupply:systems
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Bill Summary · HB 5909

Summary — HB 5909 (1955 PA 233 amendments)

Status: Referred to Committee on Local Government / Joint Committee on Environment (as of Jan 2025)
Introduced by: Rep. Tyrone Carter (filed Aug 13, 2024); passed Michigan House Nov 14, 2024 (96–6) with immediate effect; multiple co-sponsors added Nov–Jan.

Purpose

To expand the statutory powers of certain municipal sewage, solid waste, and water-supply authorities by allowing large authorities to adopt and enforce ordinances (including civil and criminal penalties) and to create an authority-level law enforcement agency with peace‑officer powers for protection and enforcement of those systems.

Key provisions

  • Amends the Municipal Authorities Act (1955 PA 233; MCL 124.281 et seq.), including sections 1, 4, 4a, 4b, 4c, and 4d, and the act title to expressly authorize law enforcement functions.
  • Defines “qualified authority” as an authority that owns or operates a sewage disposal system or water supply system with treatment capacity ≥ 1,000,000,000 gallons.
  • Grants qualified authorities the power to:
    • Adopt ordinances, rules, and regulations (by governing-body resolution) for the orderly, safe, efficient, and sanitary operation of sewage disposal, solid waste management, and water supply systems they own/operate/maintain.
    • Provide civil and criminal penalties for violations to the same extent as a city that owns a comparable system under the act.
    • Create a law enforcement agency within the authority to appoint/employ law enforcement officers and grant them peace‑officer and police powers under Michigan law for enforcing those ordinances and applicable state/local/federal laws (to the extent permitted by federal law).
  • Notice, publication, and effective date:
    • Authorities must notify constituent municipalities of adopted resolutions and publish the full ordinance or a clear, nontechnical summary (including website and physical inspection address) on the authority’s website and in a newspaper of general circulation covering the authority’s territory and any contracted service areas.
    • Ordinances take effect 30 days after publication of the required notice.
  • Enforcement and reporting:
    • Ordinances are enforceable by the qualified authority, its constituent municipalities, contracted municipalities or Indian tribes, and by peace officers under the Code of Criminal Procedure; authorized enforcers may issue citations.
    • Documentation of grant of authority must be filed with the Michigan Commission on Law Enforcement Standards (MCOLES).
    • Law enforcement agencies established by qualified authorities must submit monthly uniform crime reports to the Department of State Police.

Who is affected

  • Direct: “Qualified authorities” that meet the 1,000,000,000‑gallon treatment capacity threshold.
  • Indirect: constituent municipalities, counties, townships, cities, villages, tribal governments contracting for services, local courts, and residents/users of the authority-owned systems.

Fiscal impact

  • No state fiscal impact identified.
  • Indeterminate local fiscal impact: potential increased costs to local courts and municipal/county/tribal governments from enforcement activities; revenue from civil fines would be distributed to local units where infractions occur (subject to existing law regarding law libraries and distribution).

Procedural / timeline notes

  • Introduced Aug 13, 2024; reported and passed the House Nov 14, 2024 (immediate effect); referred to Committee on Local Government (Nov 26, 2024). Subsequent referrals / committee actions recorded through Jan 22, 2025.
  • Related bills in the same package (HB 5906–5908) address officer evidentiary protections, pursuit authority, and MCOLES recognition for these officers.

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

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