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Filter First Legislation for Schools and Child Care Centers

To protect Michigan children from exposure to lead in drinking water, the Clean Drinking Water Access Act (2023 PA 154) and amendments to the Regulation of Child Care Organizations (1973 PA 116), collectively also known as Filter First, were signed into law by Governor Whitmer with an effective date of October 24, 2023. This legislation states all schools and child care centers in Michigan must develop a drinking water management plan (DWMP), install lead reducing filters on all consumptive fixtures, and test filtered water (annually for schools, every two years for child care centers). Until exhausted, funding will be available for a one-time acquisition/installation of filtered bottle fill water coolers, point of use faucet filters, and certain maintenance and sampling costs.

The Michigan Department of Environment, Great Lakes, and Energy (EGLE) and the Michigan Department of Licensing and Regulatory Affairs (LARA ) have six (6) months from the effective date above to provide schools with a DWMP template and guidance on filters. EGLE recommends schools wait for further guidance that will be released in April 2024. Schools may begin planning and developing a plumbing inventory; however, the purchase of filters or plumbing changes are not recommended until EGLE guidance is provided.

Proposed guidance documents will be posted on the EGLE School Water webpage to allow for a 30-day comment period prior to the release of the final documents. Schools will be notified when the comment period occurs and given an opportunity for input.

EGLE looks forward to working with schools and their representatives to ensure the success of the Filter First program and the protection of children’s health and wellbeing. If your school or child care center is a regulated Type II (noncommunity) water supply, you will be working with your local health department in the future to implement this legislation.

Timeline:

• EGLE/LARA develops guidance materials by April 24, 2024.
• Schools and Child Care Centers complete a Drinking Water Management Plan by January 24, 2025.
• Schools and Child Care Centers have approved filters on all consumptive fixtures by June 2026.
• Schools and Child Care Centers begin ongoing sampling and certify compliance with requirements once filters are installed.

For more information on the School Drinking Water Program, please visit Michigan.gov/SchoolWater.

If you have questions regarding school or child care drinking water, please contact Holly Gohlke, School and Child Care Drinking Water Specialist, Drinking Water and Environmental Health Division, at 517-220-1904, or by email at EGLE-DWEHD-SchoolWater@Michigan.gov.