June 6, 2018, Introduced by Reps. VanSingel and Miller and referred to the Committee on Natural Resources.
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sufficient quantities that can be withdrawn.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 experience.
(ii) One individual representing local units of government.
(iii) One individual representing agricultural interests.
(iv) One individual with knowledge and expertise in
limnology.representing wetlands conservation.
(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.
(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 individuals representing the department, the
department of agriculture and rural development, the department of
natural resources, and the attorney general.
(2) The appointments to the council under subsection (1) shall
be made not later than 30 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 on
the
former groundwater water
resources conservation advisory
council.
(3) The council shall appoint a technical advisory committee
of individuals with specific technical and legal expertise relevant
to the council's responsibilities.
(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.
(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 of 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
process of assessing adverse resource impacts, and any other
measure that the council determines would improve the water
withdrawal assessment process of 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.