HB-6123, As Passed House, December 21, 2018

HB-6123, As Passed Senate, December 20, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 6123

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 32801 and 32803 (MCL 324.32801 and 324.32803),

 

as amended by 2008 PA 189.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 32801. As used in this part:

 

     (a) "Annex 2001" means the Great Lakes charter annex signed by

 

the governors and premiers of the Great Lakes region on June 18,

 

2001.

 

     (b) "Aquifer" means any water bearing bed or stratum of earth

 

or rock capable of yielding groundwater to a water well in

 

sufficient quantities that can be withdrawn.

 


     (c) "Assessment tool" means the water withdrawal assessment

 

tool provided for in part 327.

 

     (d) (c) "Base flow" means groundwater discharge to rivers and

 

streams.

 

     (e) (d) "Conflict areas" means an aquifer or a portion of an

 

aquifer in which the department has determined that there is

 

reasonable, scientifically based evidence of a pattern of

 

groundwater withdrawal conflicts or a single extended groundwater

 

withdrawal conflict.

 

     (f) (e) "Council" means the water resources conservation use

 

advisory council created under section 32803.

 

     (g) (f) "Department" means the department of environmental

 

quality.

 

     (h) (g) "Director" means the director of the department.

 

     (i) (h) "Groundwater" means water below the land surface in a

 

zone of saturation.

 

     (j) (i) "Groundwater withdrawal conflict" means the failure of

 

an existing water well that was constructed in compliance with part

 

127 of the public health code, 1978 PA 368, MCL 333.12701 to

 

333.12771, to furnish its normal supply of groundwater because of a

 

progressive decline of the static water level within the aquifer

 

due to the withdrawal of groundwater from the aquifer by a high-

 

capacity well or sump, as determined based on reasonable,

 

scientifically based evidence.

 

     (k) (j) "Static water level" means the distance between the

 

ground surface and the water level within a well that is not being

 

pumped.


     Sec. 32803. (1) The water resources conservation use advisory

 

council is created within the department. of natural resources. The

 

council shall consist of all of the following members:

 

     (a) Four individuals appointed by the senate majority leader

 

as follows:

 

     (i) One individual representing business and manufacturing

 

interests.

 

     (ii) One individual representing public utilities.

 

     (iii) One individual representing a statewide angler

 

association.

 

     (iv) One individual representing a statewide agricultural

 

organization.

 

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

 

representatives as follows:

 

     (i) One individual representing registered well drilling

 

contractors with hydrology and drilling field experience.

 

     (ii) One individual representing local units of government.

 

     (iii) One individual representing agricultural

 

interests.irrigators.

 

     (iv) One individual with knowledge and expertise in

 

limnology.representing wetlands conservation organizations.

 

     (c) Five individuals appointed by the governor as follows:

 

     (i) One individual representing municipal water suppliers.

 

     (ii) One individual representing a statewide conservation

 

organization.

 

     (iii) One individual representing a statewide riparian

 

landowners association.


     (iv) One individual representing a statewide tourism

 

organization.professional hydrologists and hydrogeologists, as

 

defined in section 32706c, with hydrogeology field experience.

 

     (v) One individual representing Indian tribes.

 

     (d) Four individuals appointed by the director as follows:

 

     (i) One individual representing nonagriculture irrigators.

 

     (ii) One individual representing the aggregate industry.

 

     (iii) One individual representing environmental organizations.

 

     (iv) One individual representing the general public.local

 

watershed councils.

 

     (e) Four Six individuals serving as ex officio, nonvoting

 

members, representing the department, the department of agriculture

 

and rural development, the department of natural resources, the

 

office of the Great Lakes, the Michigan geological survey, and the

 

attorney general.

 

     (2) The appointments to the council under subsection (1) shall

 

be made not later than 30 60 days after the effective date of the

 

2018 amendatory act that added this subsection. amended this

 

section. The person individual making the appointment under

 

subsection (1) shall give consideration and deference to

 

individuals who served currently serving on the former groundwater

 

conservation department's water use advisory council.

 

     (3) An individual appointed to the council shall serve for a

 

term of 4 years, and may be reappointed. Individuals appointed to

 

the council serve without compensation. A vacancy on the council

 

shall be filled in the same manner as the original appointment.

 

     (4) The council may elect co-chairs, form committees, set


meeting schedules and work plans to address the council's

 

responsibilities as provided by law, address charges from the

 

department, and establish priorities. Members of the council may

 

participate in any committees created by the council. Members of

 

the council shall strive to make recommendations by consensus vote,

 

and may submit opposition statements that must be included in the

 

council's report under subsection (7).

 

     (5) (3) The council shall may appoint a technical advisory

 

committee of individuals advisors with specific scientific,

 

technical, and legal, and similar expertise relevant to the

 

council's responsibilities. Technical advisors may participate in

 

any council meetings, committees, or subgroups created by the

 

council but shall not vote on recommendations made by the council

 

to the department or legislature under subsection (7).

 

     (6) A meeting of the council must be held in compliance with

 

the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

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

 

     (a) Not later than 6 months after the effective date of the

 

amendatory act that added this subdivision, study and make

 

recommendations 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, and the department on how the

 

assessment tool could be updated to reconcile differences between

 

baseline capacity and actual withdrawal amounts to assure the

 

accuracy of the assessment tool's determinations.

 

     (b) When the department makes the assessment tool available


for testing and evaluation, conduct testing and evaluate the

 

operation and the accuracy of the assessment tool, including

 

implications of section 32706e. Not later than 9 months after the

 

effective date of the amendatory act that added this subdivision,

 

submit a report 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, and the department that contains the

 

results of its testing and evaluation and any recommendations that

 

the council has to improve the operation of the assessment tool.

 

     (a) Make recommendations to the department, the department of

 

agriculture and rural development, the department of natural

 

resources, and the legislature on the implementation of part 327,

 

including all of the following:

 

     (i) Strategies for collection, verification, and use of data,

 

including geology, aquifer characteristics, and groundwater and

 

surface water hydrology.

 

     (ii) Improvement, verification, regionalization, and

 

integration of models used in the water withdrawal assessment tool

 

and site-specific review, including models developed by private and

 

public entities, organizations, or individuals.

 

     (iii) Identification of research, public-private partnerships,

 

training, and changes to the water withdrawal assessment tool

 

needed to improve the department's ability to implement part 327

 

and to improve the water withdrawal assessment process under part

 

327.

 

     (b) (c) Study and make recommendations, as needed or as


requested by the relevant standing committees of the legislature or

 

the department, regarding the development and refinement of the

 

water withdrawal assessment tool.process under part 327.

 

     (d) Study and make recommendations on whether and how the

 

definition of adverse resource impact in section 32701 should be

 

modified to more specifically address potential impacts to the

 

Great Lakes, inland lakes, and other aquatic systems due to large

 

quantity withdrawals.

 

     (c) (e) Make recommendations on reconciling conflicts in state

 

laws related to the use of the waters of the state.

 

     (f) Make recommendations on the development and implementation

 

of the state's water conservation and efficiency program under

 

section 4.2 of the compact.

 

     (g) Develop a framework for evaluating preventative measures

 

designed to prevent adverse resource impacts.

 

     (h) In consultation with academic institutions and other

 

nonprofit organizations, make recommendations regarding educational

 

materials related to the use and availability of water resources.

 

     (d) (i) Not earlier than 3 At least every 2 years after the

 

effective date of the 2018 amendatory act that added amended this

 

subdivision, submit section, provide a report 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 that

 

makes recommendations regarding how the water withdrawal assessment

 

process under part 327 could be improved. in order to more

 

accurately assess adverse resource impacts. The report shall


contain specific recommendations on the use of the assessment tool,

 

the site-specific review process, the permitting process, the

 

staffing, budgetary, software, and other resources required by the

 

departments to successfully implement part 327, and any other

 

measure that the council determines would improve the water

 

withdrawal assessment process under part 327.

 

     (5) The council shall submit the following reports, approved

 

by a majority of the voting members of the council, 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 and to

 

the department:

 

     (a) Not later than February 8, 2009, a progress report on the

 

council's findings and recommendations under subsection (4)(c) to

 

(h) as of that date.

 

     (b) Not later than August 8, 2009, the council's final report

 

on its findings and recommendations under subsection (4)(c) to (h).

 

     (6) As used in this section, "assessment tool" means the water

 

withdrawal assessment tool provided for in part 327.