HB-5072, As Passed House, May 14, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 5072

     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 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) this section does not have a

permit under section 4, the person shall request a determination

under subsection (3) this section 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 under

subsection (3) this section prior to beginning the operations. A

proposed use for which the department makes a determination that

the conditions of subsection (3) 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) this section 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) (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) House Bill No. 4343.

     (b) House Bill No. 5065.

     (c) House Bill No. 5066.

     (d) House Bill No. 5067.

     (e) House Bill No. 5068.

     (f) House Bill No. 5069.

     (g) House Bill No. 5070.

     (h) House Bill No. 5071.

     (i) House Bill No. 5073.