SB-0851, As Passed Senate, December 8, 2005

SUBSTITUTE FOR

SENATE BILL NO. 851

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 32803 (MCL 324.32803), as added by 2003 PA 148.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 32803. (1) The groundwater conservation advisory council

is created within the department of natural resources. The council

shall consist of all of the following members:

     (a) Three individuals appointed by the senate majority leader

representing business and manufacturing interests, utilities, and

conservation organizations.

     (b) Three individuals appointed by the speaker of the house of

representatives representing well drilling contractors, local units

of government, and agricultural interests.

     (c) Four individuals appointed by the director representing

nonagriculture irrigators, the aggregate industry, environmental

organizations, and the general public.

     (d) Three individuals representing the department, the

department of agriculture, and the department of natural resources. 

, as nonvoting members who shall serve as information resources to

the council.

     (e) To assist the council in carrying out the responsibilities

assigned to the council by subsection (4)(b), (e), and (f), in

addition to the members of the council who are serving on the

effective date of the amendatory act that added this subdivision,

the following members shall be appointed to the council within 30

days after the effective date of the amendatory act that added this

subdivision:

     (i) One individual appointed by the senate majority leader

representing a statewide agricultural organization.

     (ii) One individual appointed by the speaker of the house of

representatives who is a registered well driller with knowledge and

expertise in hydrogeology.

     (iii) Two individuals appointed by the governor representing

municipal water suppliers and a statewide conservation

organization.

     (2) Members of the council appointed under subsection (1)(e)

shall not take office earlier than February 15, 2006. The council

may continue to carry out its responsibilities under this part in

the absence of the additional members of the council appointed

under subsection (1)(e).

     (3) The council shall appoint a technical advisory committee

of individuals with specific technical and legal expertise relevant

to the council's responsibilities.

(4)  (2) The council shall do all of the following:

     (a) Study the sustainability of the state's groundwater use.

and whether the state should provide additional oversight of

groundwater withdrawals.  

     (b) Develop criteria and indicators to evaluate the

sustainability of the state's groundwater use.

(c)  (b) Monitor Annex 2001 implementation efforts and make

recommendations on Michigan's statutory conformance with Annex

2001, including whether groundwater withdrawals should be subject

to best management practices or certification requirements and

whether groundwater withdrawals impact water-dependent natural

features.

(d)  (c) Study the implementation of and the results from the

groundwater dispute resolution program created in part 317.

     (e) Design and make recommendations regarding a water

withdrawal assessment tool as provided for in subsection (5).

     (f) Study and make recommendations as to whether the state

should consider as part of its groundwater conservation programs

proposals to mitigate adverse impacts to the waters of the state or

to the water-dependent natural resources of the state that may

result from groundwater withdrawals.

     (5) The council, in consultation with the department, the

department of natural resources, the department of agriculture, and

the technical advisory committee appointed under subsection (3),

shall do all of the following:

     (a) Design a water withdrawal assessment tool that can be

utilized to protect and conserve the waters of the state and the

water-dependent natural resources of the state. The water

withdrawal assessment tool shall be designed to be used by a person

proposing a new or increased large quantity withdrawal to assist in

determining whether the proposed withdrawal may cause an adverse

impact to the waters of the state or to the water-dependent natural

resources of the state.

     (b) Make factually based recommendations for the policy-based

parameters and variables of the water withdrawal assessment tool.

     (c) Recommend an appropriate timetable for periodic updates or

changes to the water withdrawal assessment tool or to the water

withdrawal assessment tool's parameters or variables.

(6)  (3) Within 2-1/2 years after the effective date of the

amendatory act that added this section, the  The council shall

submit  a report  the following reports, approved by a majority of

the voting members of the council,  on its findings and

recommendations under subsection (2) to the senate majority

leader, the speaker of the house of representatives, and the

standing committees of the legislature with jurisdiction primarily

related to natural resources and the environment:  .

     (4) Effective 6 months after the council submits its findings

and recommendations under subsection (3), the council is disbanded.

     (a) Not later than February 8, 2006, a report on the council's

findings and recommendations under subsection (4) as of that date.

     (b) Not later than July 1, 2007, the council's findings and

recommendations under subsection (4) that have not previously been

reported and the council's findings and recommendations under

subsection (5).

     (7) The legislature shall provide for the adoption of a water

withdrawal assessment tool including the assessment tool's

conceptual framework, the policy-based parameters or variables of

the assessment tool, the timetable for updating the assessment tool

and its data, and the details for use of the assessment tool.

     (8) As used in this section, "large quantity withdrawal" means

that term as it is defined in section 32701.

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

     (a) Senate Bill No. 850.

     (b) Senate Bill No. 852.

     (c) Senate Bill No. 854.

     (d) Senate Bill No. 857.