October 24, 2023, Introduced by Reps. Dievendorf, Miller, Byrnes, Paiz, McFall, Price, Edwards, Hood, Rheingans, Wilson, Pohutsky, Andrews and McKinney and referred to the Committee on Natural Resources, Environment, Tourism and Outdoor Recreation.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 3103 (MCL 324.3103), as amended by 2005 PA 33.

the people of the state of michigan enact:

Sec. 3103. (1) The department shall protect and conserve the water resources of the this state and shall have control of the pollution of surface or and underground waters of the state and the Great Lakes, which are or may be affected by waste disposal of any person. The department may make or cause to be made surveys, studies, and investigations of the uses of waters of the state, both surface and underground, and cooperate with other governments and governmental units and agencies in making the surveys, studies, and investigations. The department shall assist in an advisory capacity a flood control district that may be authorized by the legislature. The department, in the public interest, shall appear and present evidence, reports, and other testimony during the hearings involving the creation and organization of flood control districts. The department shall advise and consult with the legislature on the obligation of the this state to participate in the costs of construction and maintenance as provided for in the official plans of a flood control district or intercounty drainage district.

(2) The department shall enforce this part and may promulgate rules as it considers necessary to carry out its duties under this part. However, notwithstanding any rule-promulgation authority that is provided in this part, except for rules authorized under section 3112(6), the department shall not promulgate any additional rules under this part after December 31, 2006.

(3) The department may promulgate rules and take other actions as may be necessary to comply with the federal water pollution control act, 33 USC 1251 to 1387, 1389, and to expend funds available under such that law for extension or improvement of the state or interstate program for prevention and control of water pollution. This part shall is not be construed as authorizing the department to expend or to incur any obligation to expend any state funds for such that purpose in excess of any amount that is appropriated by the legislature.

(4) Notwithstanding the limitations on rule promulgation under subsection (2), rules promulgated under this part before January 1, 2007 shall remain in effect unless rescinded.