October 27, 2005, Introduced by Senators PATTERSON, BIRKHOLZ, SIKKEMA, VAN WOERKOM, GILBERT, BROWN, ALLEN, GEORGE and GARCIA 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 section 32803 (MCL 324.32803), s as added by 2003 PA
148.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32803. (1) The groundwater conservation advisory council
is created within the department of natural resources. The council
shall consist of all of the following members:
(a) Three individuals appointed by the senate majority leader
representing business and manufacturing interests, utilities, and
conservation organizations.
(b) Three individuals appointed by the speaker of the house of
representatives representing well drilling contractors, local units
of government, and agricultural interests.
(c) Four individuals appointed by the director representing
nonagriculture irrigators, the aggregate industry, environmental
organizations, and the general public.
(d) Three individuals representing the department, the
department of agriculture, and the department of natural resources,
as nonvoting members who shall serve as information resources to
the council.
(e) To assist the council in carrying out its responsibilities
under subsection (6), 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) 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).
(3) The council shall appoint a technical advisory committee
of individuals with specific technical and legal expertise relevant
to the council's responsibilities.
(4) (2)
The council shall do all of the following:
(a) Study the sustainability of the state's groundwater use
and whether the state should provide additional oversight of
groundwater withdrawals.
(b) 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.
(c) Study the implementation of and the results from the
groundwater dispute resolution program created in part 317.
(5) (3)
Within 2-1/2 years after the effective date of the
amendatory
act that added this section Not
later than February 8,
2006, the council shall submit a report, approved by a majority of
the voting members of the council, on its findings and
recommendations
under subsection (2) (4)
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.
(4)
Effective 6 months after the council submits its findings
and
recommendations under subsection (3), the council is disbanded.
(6) The council shall 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. The council, in consultation with
the technical advisory committee appointed under subsection (3),
shall make a factually based determination of the parameters and
variables of the water withdrawal assessment tool that require a
policy or other risk-based judgment decision in order to develop
the water withdrawal assessment tool. The council shall also
determine an appropriate timetable for periodic updates or changes
to the water withdrawal assessment tool or the water withdrawal
assessment tool's parameters or variables. Not later than July 1,
2007, the council shall submit to the legislature for review and
approval specific recommendations on the council's determinations
under this subsection.
(7) 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 93rd Legislature are
enacted into law:
(a) Senate Bill No. 850.
(b) Senate Bill No. 852.