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sufficient quantities that can be withdrawn.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.