September 5, 2007, Introduced by Senators WHITMER, GLEASON, CHERRY, OLSHOVE, ANDERSON, SWITALSKI, BRATER, HUNTER, JACOBS, CLARK-COLEMAN, SCOTT, SCHAUER, PRUSI and BASHAM and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 32725 and 32726 (MCL 324.32725 and 324.32726),
section 32725 as added by 2006 PA 36 and section 32726 as added by
2006 PA 33; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32725. (1) All persons making large quantity withdrawals
within a watershed are encouraged to establish a water users
committee to evaluate the status of current water resources, water
use, and trends in water use within the watershed and to assist in
long-term water resources planning. A water users committee may be
composed of all of the registrants, water withdrawal permit
holders,
and local government officials,
riparian owners, and other
interested parties, within the watershed. Meetings of a water users
committee shall be subject to the open meetings act, 1976 PA 267,
MCL 15.261 to 15.275.
(2) If the department determines by reasonable scientifically-
based evidence that adverse resource impacts are occurring or are
likely to occur from 1 or more large quantity withdrawals, the
department shall notify the water users committee in the watershed
or
shall convene a meeting of all registrants and water withdrawal
permit
holders interested persons within the watershed and shall
attempt to facilitate an agreement on voluntary measures that would
prevent adverse resource impacts.
(3) If, within 30 days after the department has notified the
water users committee or convened the meeting under subsection (2),
the
registrants and water withdrawal permit holders are not able to
voluntarily
agree there is not a
voluntarily agreement to measures
that would prevent adverse resource impacts, the department may
propose a solution that the department believes would equitably
resolve the situation and prevent adverse resource impacts. The
recommended solution is not binding on any of the parties.
(4) The director may, without a prior hearing, order a person
holding a water withdrawal permit to immediately restrict a
withdrawal if the director determines by clear and convincing
scientific evidence that there is a substantial and imminent threat
that the withdrawal is causing or is likely to cause an adverse
resource impact. The order shall specify the date on which the
withdrawal must be restricted and the date on which it may be
resumed. An order issued under this section shall remain in force
and effect for not more than 30 days and may be renewed for an
additional 30 days if the director determines by clear and
convincing scientific evidence that conditions continue to pose a
substantial and imminent threat that the withdrawal is causing or
is likely to cause an adverse resource impact. The order shall
notify the person that the person may request a contested case
hearing under the administrative procedures act of 1969, 1969 PA
306, MCL 24.201 to 24.328. The hearing shall be held within 10
business days following the request, unless the permittee requests
a later date. As an alternative to requesting a contested case
hearing, a person subject to an order under this section may seek
judicial review of the order as provided in the revised judicature
act of 1961, 1961 PA 236, MCL 600.101 to 600.9947.
(5)
A registrant or water withdrawal permit holder An
interested person may submit a petition to the director alleging
that adverse resource impacts are occurring or are likely to occur
from 1 or more water withdrawals. The director shall either
investigate the petition or forward the petition to the director of
the department of agriculture if the water withdrawals are from an
agricultural well. The petition shall be in writing and shall
include all the information requested by the director or the
director of the department of agriculture, as appropriate.
(6)
A person who submits more than 2 unverified petitions
under
this section within 1 year may be ordered by the director to
pay
for the full costs of investigating any third or subsequent
unverified
petition. As used in this subsection, "unverified
petition"
means a petition in response to which the director
determines
that there is not reasonable evidence to suspect adverse
resource
impacts.
Sec.
32726. Except as authorized In
addition to authorization
provided by the public health code, 1978 PA 368, MCL 333.1101 to
333.25211,
a local unit of government shall not may enact or
enforce an ordinance that regulates a large quantity withdrawal if
the regulation is consistent with a long-term plan designed to
assure water availability. This section is not intended to diminish
or create any existing authority of municipalities to require
persons to connect to municipal water supply systems as authorized
by law.
Enacting section 1. Section 32803 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.32803, is
repealed.
Enacting section 2. 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. 729.
(b) Senate Bill No. 721.
(c) Senate Bill No. 722.
(d) Senate Bill No. 723.
(e) Senate Bill No. 724.
(f) Senate Bill No. 725.
(g) Senate Bill No. 727.
(h) Senate Bill No. 728.