February 22, 2018, Introduced by Reps. Cole, Victory, Lucido and Howrylak and referred to the Committee on Natural Resources.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 12701, 12705, 12711, 12712, and 12713 (MCL
333.12701, 333.12705, 333.12711, 333.12712, and 333.12713), section
12713 as amended by 1980 PA 143.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 12701. (1) As used in sections 12701 to 12715:
(a) "Advisory board" means the well drilling advisory board
created in section 12711.
(b) "Department" means the department of environmental
quality.
(c) (a)
"Person" means a person
as defined in section 1106 or
a governmental entity.
(d) (b)
"Pump" means a mechanical
equipment or device used to
remove water from a well.
(e) (c)
"Pump installer" means a
person who is qualified to
engage in the installation, removal, alteration, or repair of water
well pumping equipment in connection with a water well.
(f) (d)
"Well" means an opening
in the surface of the earth
for the purpose of removing fresh water or a test well, recharge
well, waste disposal well, or a well used temporarily for
dewatering purposes during construction.
(g) (e)
"Well drilling
contractor" means a person qualified to
engage in well construction, well alteration, or well repair and
pump installation, who supervises the construction of water wells
and the installation of pumps, and who owns, rents, or leases
equipment used in the construction of water wells.
(2) In addition, article 1 contains general definitions and
principles of construction applicable to all articles in this code.
Sec. 12705. (1) The department shall issue certificates of
registration to well drilling contractors and pump installers who
meet the requirements of sections 12701 to 12715.
(2) A certificate of registration is not transferable and
expires on April 30 of each year. After July 1 of each year a
certificate of registration may be renewed only upon application
for renewal and payment of a fee of 50% of the basic registration
fee in addition to the regular registration fee.
(3) A new applicant for a certificate of registration shall be
examined in accordance with the rules and construction code
promulgated
under section 12714. The advisory board created by
section
12711 shall determine and advise
the department as to the
eligibility of a well drilling contractor or pump installer for
registration.
A well drilling contractor or pump installer which
that is a firm, partnership, or corporation shall designate at
least 1 partner, officer, or responsible full-time employee to take
the examination on its behalf.
(4) The department, upon application and payment of the
prescribed fees, may issue a certificate of registration as a well
drilling contractor or a pump installer to a person who holds a
similar certificate of registration in another state or a foreign
country, if the requirements for the registration of a well
drilling contractor and pump installer under which the certificate
of registration was issued do not conflict with this part, are of a
standard not lower than that specified by the rules and
construction code promulgated under section 12714, and if equal
reciprocal privileges are granted to a registrant of this state.
Sec.
12711. An The well
drilling advisory board of 9 members
is
created in within the department. The advisory board shall be
composed
of the following: 5 members who are residents of this
state
registered under sections 12701 to 12715, at least 4 of whom
are
well drilling contractors, and who shall be appointed by the
governor
with the advice and consent of the senate; an 9 members as
follows:
(a)
An employee of the bureau of department with knowledge and
expertise
in environmental and occupational
health, of the
department,
and a representative of a local health department, each
to
be appointed by the director of the department. ; an employee
of
the geological survey section of the department of natural
resources
(b) The state geologist, or his or her designee, appointed by
the
director of the department of natural resources. ; and an
(c)
An employee of the water resources
commission appointed by
the
executive secretary of the water resources commission. Of 4
department with knowledge and expertise in water resources,
appointed by the director of the department.
(d) A representative of a local health department, appointed
by the director.
(e) Five residents of this state, appointed by the governor
with the advice and consent of the senate, who are registered under
section 12705. Four of the individuals appointed under this
subdivision shall be well drilling contractors, 1 of whom shall be
from each of the following 4 geographic regions:
(i) (a)
Region 1: The Upper Peninsula.
(ii) (b)
Region 2: That part of the Lower
Peninsula bordered
on the south by Oceana, Newaygo, Mecosta, Isabella, Midland, and
Bay
counties Counties and the area north of those counties.
(iii) (c)
Region 3: The area bordered on the
north and west by
Huron, Tuscola, Saginaw, Shiawassee, Livingston, Washtenaw, and
Lenawee
counties Counties and the area south and east of those
counties.
(iv) (d)
Region 4: The area bordered on the
east and north by
Hillsdale, Jackson, Ingham, Clinton, Gratiot, Montcalm, Kent, and
Muskegon
counties Counties and the area south and west of those
counties.
Sec. 12712. Each member of the advisory board shall be
appointed
for a 3-year term. The terms term
of office of the 5
members
registered under sections 12701 to 12715 appointed under
section 12711(e) shall alternate so that not more than 2 are
appointed each year, except that of the first appointees, 1 shall
be
appointed for 1 year and 2 each shall be appointed for 2 years
and
2 shall be appointed for 3 years. The terms term of office of
the
members representing the department of natural resources, the
water
resources commission, and the local health department
appointed under section 12711(b) to (d) shall alternate so that
only 1 is appointed each year, except that of the first appointees
1 member shall be appointed for 1 year, 1 shall be appointed for 2
years, and 1 shall be appointed for 3 years. Vacancies shall be
filled
by appointment for the balance of the unexpired terms by the
respective
officials designated in section 12711.in that same
manner as the original appointment.
Sec. 12713. (1) The members of the advisory board, as soon as
appointed,
shall organize and elect a
chairperson from their number
a
chairperson. among its
members. Thereafter, annually when new
members are appointed to the advisory board, a chairperson shall be
elected at the next board meeting. The member from the department
appointed
under section 12711(a) shall be serve as the
secretary of
the advisory board.
(2) The advisory board shall hold not less than 1 meeting each
year for the purpose of examining candidates for registration.
Additional meetings may be called by the chairperson or director as
may be reasonably necessary to carry out sections 12701 to 12715.
Five
members shall constitute a quorum. The business which the
advisory board may perform shall be conducted at a public meeting
of
the advisory board held in compliance with Act No. 267 of the
Public
Acts of 1976, as amended, being sections 15.261 to 15.275 of
the
Michigan Compiled Laws. the
open meetings act, 1976 PA 267, MCL
15.261 to 15.275. Public notice of the time, date, and place of the
meeting
shall be given in the manner required by Act No. 267 of the
Public
Acts of 1976, as amended.that
act.
(3) The per diem compensation of the members of the advisory
board
registered under sections 12701 to 12715 appointed under
section 12711(e) shall be established annually by the legislature.
Expenses shall be reimbursed pursuant to section 1216.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.