Legislative Analysis
Phone: (517) 373-8080
MUNICIPAL WATER SUPPLY SYSTEMS
http://www.house.mi.gov/hfa
House Bills 5906, 5907, 5908, and 5909 as introduced Analysis available at
Sponsor: Rep. Tyrone Carter http://www.legislature.mi.gov
Committee: Regulatory Reform
Revised 11-14-24
SUMMARY:
House Bill 5909 would amend 1955 PA 233, which governs municipal sewage and water
supply systems, to allow certain water supply and sewage disposal authorities to adopt and
enforce ordinances, rules, and regulations for the safe and efficient operation of certain systems
and to establish a law enforcement agency for their enforcement.
Under the bill, a qualified authority would be empowered to adopt and enforce ordinances,
rules, and regulations for the orderly, safe, efficient, and sanitary operation and use of any of
the following that are owned, operated, or maintained by the authority:
• Sewage disposal systems.
• Solid waste management systems.
• Water supply systems, projects, or facilities.
These ordinances could provide civil and criminal penalties for violations an ordinance, rule,
or regulation established under the bill to the same extent as a city that owns a similar system
under the act. A qualified authority also could to create a law enforcement agency within the
authority to appoint or employ law enforcement officers and enforce adopted ordinances, rules,
and regulations in a court of competent jurisdiction in Michigan.
Qualified authority would mean an authority that owns or operates a sewage disposal
system or water supply system with a treatment capacity of 1.0 billion gallons or more.
Adopting and enforcing ordinances
Under the bill, a qualified authority could adopt ordinances, rules, and regulations by resolution
of the authority’s governing body. The qualified authority would have to provide notice of the
resolution’s adoption and the ordinances, rules, and regulations included in it to each of its
constituent municipalities. The authority also would have to publish notice of the resolution
and the ordinances, rules, and regulations included in the resolution (or a summary of them)
on a website maintained by the authority and in a newspaper of general circulation within the
geographic boundaries of the qualified authority and any municipality outside of the authority’s
geographic boundaries to which the authority provides service by contract under section 10 of
the act. 1 A summary would have to be written in clear, nontechnical language and include a
website address and physical location where the full text can be inspected or obtained.
Ordinances, rules, and regulations would take effect 30 days after the date of publication of the
required notice.
1
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-124-290
House Fiscal Agency Page 1 of 3
 The bill would provide that ordinances, rules, and regulations adopted by a qualified authority
are enforceable by the authority, its constituent municipalities, and any municipality or Indian
tribe that has contracted with the qualified authority for water, sewage disposal, or waste
management services, as well as by peace officers under the Code of Criminal Procedure. 2
Any person authorized to enforce the ordinances, rules, or regulations of a qualified authority
could issue a citation or appearance ticket to any person reasonably believed to have violated
a relevant ordinance, rule, or regulation.
Establishing a law enforcement agency
The bill would authorize a qualified authority to establish a law enforcement agency, to
administer a sworn oath of officer to appointed officers, and to grant officers of the agency the
same powers, immunities, and authorities granted by state law to a peace officer and a police
officer to detect crime and to enforce the Michigan’s criminal laws, other state laws (including
laws under the act), local ordinances, and any ordinances, rules, and regulations adopted by the
authority. In addition, to the extent permitted or required by federal law, an officer would have
to enforce federal laws and regulations applicable to the security of sewage disposal systems,
solid waste management systems, or water supply systems. An officer granted authority under
the bill would be a peace officer with the authority of a police officer of this state under the act
and under the Code of Criminal Procedure.
A copy of the documentation of the grant of authority would have to be filed with the Michigan
Commission on Law Enforcement Standards (MCOLES).
A law enforcement agency established by a qualified authority would have to submit monthly
uniform crime reports pertaining to crimes occurring in the qualified authority’s jurisdiction to
the Department of State Police in the manner provided under section 1 of 1968 PA 319. 3
MCL 124.281 et seq.
House Bill 5907 would amend the Code of Criminal Procedure to allow a law enforcement
officer of a qualified authority to exercise their authority as a peace officer outside the
geographical boundary of the qualified authority if, from inside that geographical boundary,
they see someone outside the boundary violating a state law, state administrative rule, or local
ordinance and immediately pursue them.
The geographical boundary of a qualified authority would include the geographic boundaries
of the qualified authority and the geographic boundaries of each county, city, village, or
township that contracts with the qualified authority for water, sewage disposal, or waste
management services.
MCL 764.2a
House Bill 5906 would amend 2006 PA 563, which prohibits an involuntary statement made
by a law enforcement officer, and any information derived from that involuntary statement,
2
https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-764-2A
3
https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-28-251
House Fiscal Agency HBs 5906 to 5909 as introduced Page 2 of 3
 from being used against the law enforcement officer in a criminal proceeding, to apply to law
enforcement officers of a qualified authority.
MCL 15.391
House Bill 5908 would amend the Michigan Commission on Law Enforcement Standards Act
to define law enforcement officers of a qualified authority as law enforcement officers for
purposes of the act.
MCL 28.602
FISCAL IMPACT:
House Bill 5909 would have no fiscal impact on the state and would have an indeterminate
impact on local units of government. The enforcement of ordinances under the bill by waste,
sewage, or water management authorities could result in increased costs for local courts, as
well as for municipal, county, and tribal governments that contract with the authority. Revenue
collected from payment of these civil fines would be distributed across the local unit or units
of government in which the infraction took place to support public and county law libraries,
subject to section 8379 of the Revised Judicature Act. Because there is no practical way to
determine the number of violations that will occur under the provisions of the bill, estimates of
the costs to and revenue collected by local courts and governments cannot be made.
House Bills 5906, 5907, and 5908 would have no fiscal impact on the state or local units of
government.
Legislative Analyst: Alex Stegbauer
Fiscal Analyst: Aaron A. Meek
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HBs 5906 to 5909 as introduced Page 3 of 3


Statutes affected:
House Introduced Bill: 28.602
As Passed by the House: 28.602