HB-5073, As Passed House, May 21, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 5073

     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),

section 32801 as added by 2003 PA 148 and section 32803 as amended

by 2006 PA 34.

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sufficient quantities that can be withdrawn.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) "Base flow" means groundwater discharge to rivers and

streams.

     (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.

     (e) "Council" means the groundwater water resources

conservation advisory council created under section 32803.

     (f) "Department" means the department of environmental

quality.

     (g) "Director" means the director of the department.

     (h) "Groundwater" means water below the land surface in a zone

of saturation.

     (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.

     (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 groundwater water resources conservation

advisory council is created within the department of natural

resources. The council shall consist of all of the following

members:

     (a) Three Four individuals appointed by the senate majority

leader as follows:

     (i) One individual representing business and manufacturing

interests. ,

     (ii) One individual representing public utilities. , and

     (iii) One individual representing conservation organizations.

     (iv) One individual representing a statewide agricultural

organization.

     (b) Three 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. ,

and

     (iii) One individual representing agricultural interests.

     (iv) One individual with knowledge and expertise in limnology.

     (c) Four 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.

(d) (c) Four Six 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. ,

and

     (iv) One individual representing tribes.

     (v) One individual representing a statewide anglers

association.

     (vi) One individual representing the general public.

(e) (d) Three individuals representing the department, the

department of agriculture, and the department of natural resources.

     (e) To assist the council in carrying out the responsibilities

assigned to the council by subsection (4)(b), (e), and (f), in

addition to the members of the council who are serving on the

effective date of the amendatory act that added this subdivision,

the following members shall be appointed to the council within 30

days after the effective date of the amendatory act that added this

subdivision:

     (i) One individual appointed by the senate majority leader

representing a statewide agricultural organization.

     (ii) One individual appointed by the speaker of the house of

representatives who is a registered well driller with knowledge and

expertise in hydrogeology.

     (iii) Two individuals appointed by the governor representing

municipal water suppliers and a statewide conservation

organization.

     (2) Members of the council appointed under subsection (1)(e)

shall not take office earlier than February 15, 2006. The council

may continue to carry out its responsibilities under this part in

the absence of the additional members of the council appointed

under subsection (1)(e).

(2) The appointments to the council under subsection (1) shall

be made not later than 90 days after the effective date of the

amendatory act that added this subsection. The person making the

appointment under subsection (1) shall give consideration and

deference to individuals who served on the former groundwater

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) Study the sustainability of the state's groundwater use.

     (b) Develop criteria and indicators to evaluate the

sustainability of the state's groundwater use.

     (c) Monitor Annex 2001 implementation efforts and make

recommendations on Michigan's statutory conformance with Annex

2001, including whether groundwater withdrawals should be subject

to best management practices or certification requirements and

whether groundwater withdrawals impact water-dependent natural

features.

     (d) Study the implementation of and the results from the

groundwater dispute resolution program created in part 317.

     (e) Design and make recommendations regarding a water

withdrawal assessment tool as provided for in subsection (5).

     (f) Study and make recommendations as to whether the state

should consider as part of its groundwater conservation programs

proposals to mitigate adverse impacts to the waters of the state or

to the water-dependent natural resources of the state that may

result from groundwater withdrawals.

     (5) The council, in consultation with the department, the

department of natural resources, the department of agriculture, and

the technical advisory committee appointed under subsection (3) ,

shall do all of the following:

     (a) Design a water withdrawal assessment tool that can be

utilized to protect and conserve the waters of the state and the

water-dependent natural resources of the state. The water

withdrawal assessment tool shall be designed to be used by a person

proposing a new or increased large quantity withdrawal to assist in

determining whether the proposed withdrawal may cause an adverse

impact to the waters of the state or to the water-dependent natural

resources of the state.

     (b) Make factually based recommendations for the policy-based

parameters and variables of the water withdrawal assessment tool.

     (c) Recommend an appropriate timetable for periodic updates or

changes to the water withdrawal assessment tool or to the water

withdrawal assessment tool's parameters or variables.

     (a) When the department makes the water withdrawal assessment

tool available for testing and evaluation, conduct testing and

evaluate the operation and the accuracy of the assessment tool. 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.

     (b) Study and make recommendations regarding the development

and refinement of the assessment tool.

     (c) 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.

     (d) Study and make recommendations on reconciling conflicts in

state laws related to the use of the waters of the state.

     (e) Study and make recommendations on the development and

implementation of the state's water conservation and efficiency

program under section 4.2 of the compact.

     (f) Develop a framework for evaluating restorative measures

designed to prevent adverse resource impacts.

     (g) In consultation with academic institutions and other

nonprofit organizations, make recommendations regarding educational

materials related to the use and availability of water resources.

     (h) Not earlier than 3 years 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 that makes recommendations regarding how the water

withdrawal assessment process under part 327 and the safe drinking

water act, 1976 PA 399, MCL 325.1001 to 325.1023, could be improved

in order to be more practical for persons making large quantity

withdrawals while protecting the waters of the state and the water-

dependent natural resources of the state. The report shall contain

specific recommendations on the use of the assessment tool, the

site-specific review process, the permitting process, and any other

measure that the council determined would improve the water

withdrawal assessment process. Additionally, the report shall

include the council's review of data from the department on the

number of withdrawals that are subject to the seasonal withdrawal

exemption provided in section 32723(13)(b) and whether this

exemption should be continued, modified, or eliminated.

(5) (6) 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, 2006 2009, a progress report on

the council's findings and recommendations under subsection (4)

(4)(b) to (g) as of that date.

     (b) Not later than July 1, 2007 August 8, 2009, the council's

final report on its findings and recommendations under subsection

(4) that have not previously been reported and the council's

findings and recommendations under subsection (5) (4)(b) to (g).

     (7) The legislature shall provide for the adoption of a water

withdrawal assessment tool including the assessment tool's

conceptual framework, the policy-based parameters or variables of

the assessment tool, the timetable for updating the assessment tool

and its data, and the details for use of the assessment tool.

     (8) As used in this section, "large quantity withdrawal" means

that term as it is defined in section 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. 5072.