November 3, 2011, Introduced by Reps. Irwin, Dillon, Heise, Rutledge, Kandrevas, Meadows and Brown and referred to the Committee on Energy and Technology.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 32727 (MCL 324.32727), as amended by 2008 PA
183.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32727. (1) The following withdrawals are exempt from the
requirements of this part unless they result in a diversion:
(a) A withdrawal undertaken as part of an activity authorized
by
the department under part 111, 115, 201, or 213. ,
or 615.
(b) A withdrawal undertaken as part of an activity authorized
by the United States environmental protection agency under either
of the following:
(i) The comprehensive environmental response, compensation, and
liability act of 1980, Public Law 96-510.
(ii) The resource conservation and recovery act of 1976, Public
Law 94-580.
(c) A withdrawal that is undertaken for hydroelectric
generation at sites certified, licensed, or permitted by the
federal energy regulatory commission.
(d) A hydroelectric facility authorized under section 12 of
chapter 264 of the act of March 3, 1909, commonly known as the
river and harbor act of 1909, 35 Stat. 821.
(e) A hydroelectric facility authorized under section 1075(c)
of the intermodal surface transportation efficiency act of 1991,
Public Law 102-240.
(f) A hydroelectric facility authorized under Public Law 85,
chapter 1368, 34 Stat. 102.
(g) Removal of water from an artificially created surface
water body that has as its primary source of water either of the
following:
(i) A withdrawal that is not a new or increased large quantity
withdrawal.
(ii) A registered new or increased large quantity withdrawal
that has been determined by the assessment tool, a site-specific
review, or a permit issued under section 32723 to be a withdrawal
that is not likely to cause an adverse resource impact.
(h) A withdrawal from a noncommercial well located on the
following residential property:
(i) Single-family residential property unless that well is a
lake augmentation well.
(ii) Multifamily residential property not exceeding 4
residential units and not more than 3 acres in size unless that
well is a lake augmentation well.
(2) The director of the department shall ensure that data in
the possession of the state related to withdrawals that are not
regulated under this part are compiled and shared with departmental
personnel responsible for implementing this part.