November 1, 2005, Introduced by Senators BRATER, BASHAM, EMERSON, CLARKE, SWITALSKI, JACOBS, OLSHOVE, THOMAS, CHERRY, SCOTT, PRUSI, BERNERO, LELAND and CLARK-COLEMAN 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,"
(MCL 324.101 to 324.90106) by adding section 32704a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32704a. (1) The governor shall establish a public comment
period with regard to a proposal subject to 42 USC 1962d-20 to
divert or export water from the Great Lakes or from a tributary of
the Great Lakes outside of the Great Lakes basin if any of the
following occur:
(a) Notice of a proposal is received from another governor
under 42 USC 1962d-20.
(b) The governor has received a request from another state to
exercise his or her authority under 42 USC 1962d-20 to prohibit the
diversion or export.
(c) The governor has received a petition from 25 or more
residents of the state asking the governor to exercise his or her
authority under 42 USC 1962d-20 to prohibit the diversion or
export.
(2) If the governor determines that a public comment period
may be required under subsection (1), the governor shall notify the
department to evaluate the proposal. Upon receipt of notification
from the governor, the department shall identify whether sufficient
information has accompanied the request or is otherwise available
to permit an evaluation by the department. If the department
determines that a public comment period is required, the department
shall publish a public notice containing all of the following
information and shall provide this information to any person upon
request:
(a) The state requesting approval for the diversion or export,
the name of the person submitting the request, and the person's
affiliation with the state.
(b) A description of the proposed diversion or export,
including the location and size of the diversion or export, and the
state to which the water will be diverted or exported.
(c) The name and address where more information may be
obtained.
(3) The public comment period under subsection (2) shall be
held open for a period of not less than 30 days. Upon request from
1 or more persons, the department shall hold a public hearing.
(4) Following the public comment period and public hearing, if
held, the department shall evaluate the proposal and provide
recommendations to the governor. The evaluation shall follow the
procedure provided in guidelines adopted under subsection (5).
(5) The department shall adopt guidelines pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, to establish procedures for conducting a review of exports
or diversions under this section. In establishing a procedure, the
department shall consider all of the following factors:
(a) Whether a reasonable water supply alternative exists
within the watershed in which the water is proposed for use,
including the efficient use and conservation of existing water
supplies.
(b) Whether the applicant has successfully implemented all
applicable conservation measures.
(c) Whether the proposal will result in any adverse impacts
either individually or cumulatively to the quantity or quality of
waters and water-dependent natural resources of the Great Lakes
basin with consideration of any precedent-setting consequences
associated with the proposal.
(d) Whether the proposal will result in an improvement to the
waters and water-dependent natural resources of the Great Lakes
basin and whether the proposal demonstrates how measures will be
implemented to improve the physical, chemical, and biological
integrity of the waters and water-dependent natural resources of
the Great Lakes basin.
(e) Whether the proposal is for a public water supply only.
(f) Whether there is a maximum return flow of water from the
proposed diversion.
(g) Whether the water returned is the exact water withdrawn
and is in a condition that, using best available technology,
protects the quality of the water and prevents the introduction of
aquatic nuisance species into the water.
(h) Whether the point of return for returned flow is in the
same watershed as the point of withdrawal using the smallest scale
of watershed as defined by the United States geological survey at
the point of withdrawal.
(i) Whether the point of return for returned flow is as close
as possible to the point of withdrawal, unless such a return would
for some reason be ecologically harmful.