SB-0727, As Passed Senate, June 25, 2008

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 727

A bill to amend 1976 PA 399, entitled

"Safe drinking water act,"

by amending section 17 (MCL 325.1017), as amended by 2006 PA 37.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 17. (1) A person engaged in producing bottled drinking

water shall utilize a water source meeting the requirements of this

section and the requirements otherwise provided in this act.

Bottling or packaging facilities and their operation shall remain

under the supervision of the ~~Michigan~~ department of agriculture as

provided for in the food law of 2000, 2000 PA 92, MCL 289.1101 to

289.8111. ~~, and regulation no. 549, R285.549.1 through R285.549.29~~

~~of the~~ ~~Michigan~~ ~~administrative code, and other pertinent rules and~~

~~laws.~~

(2) A person producing bottled drinking water from an out-of-

state source shall submit proof to the director that the source and

bottling facilities were approved by the agency having

jurisdiction. The director may withhold approval of the bottled

water if the other agency's inspection, surveillance, and approval

procedures and techniques are determined to be inadequate.

(3) A person who proposes to engage in producing bottled

drinking water from a new or increased large quantity withdrawal of

more than ~~250,000~~ 200,000 gallons of water per day from the waters

of the state or that will result in an intrabasin transfer of more

than 100,000 gallons per day average over any 90-day period shall

~~demonstrate to the satisfaction of the department that all of the~~

~~following conditions will be met:~~ submit an application to the

department in a form required by the department containing an

evaluation of environmental, hydrological, and hydrogeological

conditions that exist and the predicted effects of the intended

withdrawal that provides a reasonable basis for the determination

under this section to be made.

~~(a) The proposed use is not likely to have an adverse resource~~

~~impact.~~

~~(b) The proposed use is reasonable under common law principles~~

~~of water law in~~ ~~Michigan~~.

~~(c) The withdrawal will be conducted in such a manner as to~~

~~protect riparian rights as defined by~~ ~~Michigan~~ ~~common law.~~

(4) The department shall only approve an application under

subsection (3) if the department determines both of the following:

(a) The proposed use will meet the applicable standard

provided in section 32723 of the natural resources and

environmental protection act, 1994 PA 451, MCL 324.32723.

(b) ~~(d)~~ The person will undertake activities, if needed, to

address hydrologic impacts commensurate with the nature and extent

of the withdrawal. These activities may include those related to

the stream flow regime, water quality, and aquifer protection.

(5) ~~(4)~~ Before proposing activities under subsection ~~(3)(d)~~

(4)(b), the person proposing to engage in producing bottled

drinking water shall consult with local government officials and

interested community members.

(6) ~~(5)~~ Before making the determination under subsection ~~(3)~~

(4), the department shall provide public notice and an opportunity

for public comment of not less than 45 days.

(7) ~~(6)~~ If the person proposing to engage in producing bottled

drinking water under subsection (3) does not have a permit under

section 4, the person shall request a determination under

subsection ~~(3)~~ (4) when that person applies for a permit under

section 4. If the person proposing to engage in producing bottled

drinking water has previously received a permit under section 4,

the person shall ~~request a determination~~ obtain approval under

subsection ~~(3)~~ (4) prior to beginning the operations. A proposed

use for which the department makes a determination that the

conditions of subsection (4) will be met shall be considered to

satisfy the requirements of section 4.11 of the compact.

(8) ~~(7)~~ A person seeking a departmental determination under

subsection ~~(3)~~ (4) shall submit an application fee of $5,000.00 to

the department. The department shall transmit application fees

received under this section to the state treasurer to be credited

to the water use protection fund created in section 32714.

(9) ~~(8)~~ This section shall not be construed as affecting,

intending to affect, or in any way altering or interfering with

common law water rights or the applicability of other laws

providing for the protection of natural resources or the

environment.

(10) A person who proposes to engage in producing bottled

drinking water and who submitted an application for a permit under

section 4 prior to the effective date of the amendatory act that

added this subsection is subject to the provisions of this section

that existed on February 28, 2006.

(11) ~~(9)~~ As used in this section, ~~"adverse resource impact"~~

~~and~~ "compact", "intrabasin transfer", "new or increased large

quantity withdrawal", and "waters of the state" mean those terms as

they are defined in section 32701 of the natural resources and

environmental protection act, 1994 PA 451, MCL 324.32701.

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 94th Legislature are

enacted into law:

(a) Senate Bill No. 212.

(b) Senate Bill No. 723.

(d) Senate Bill No. 859.

(e) Senate Bill No. 860.

(f) House Bill No. 4343.

(g) House Bill No. 5065.