Act No. 181

Public Acts of 2008

Approved by the Governor

July 9, 2008

Filed with the Secretary of State

July 9, 2008

EFFECTIVE DATE: July 9, 2008

STATE OF MICHIGAN

94TH LEGISLATURE

REGULAR SESSION OF 2008

Introduced by Reps. Brown, Sak, Vagnozzi, LeBlanc, Alma Smith, Byrnes, Wojno, Accavitti, Kathleen Law, Bieda, Polidori, Constan, Robert Jones, Clack, Bauer, Young, Simpson, Donigan, Valentine, Warren, Meadows, McDowell, Miller, Melton, Hammel, Espinoza, Lemmons, Meisner, Sheltrown, Hammon, Tobocman, Corriveau, Farrah, Cushingberry, Jackson, Johnson, Coulouris, Brandenburg and Dean

ENROLLED HOUSE BILL No. 5067

AN ACT to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," (MCL 324.101 to 324.90106) by adding sections 32706c and 32706d; and to repeal acts and parts of acts.

The People of the State of Michigan enact:

Sec. 32706c. (1) If the assessment tool determines that a proposed withdrawal is a zone B withdrawal in a cold-transitional river system, or a zone C or zone D withdrawal, the property owner shall submit to the department a request for a site-specific review. Additionally, if the assessment tool determines that a proposed withdrawal is a zone A withdrawal, or a zone B withdrawal in a cool river system or a warm river system and the property owner wishes to have a site-specific review, the property owner may submit to the department a request for a site-specific review. A request for a site-specific review shall be submitted to the department in a form required by the department and shall include all of the following:

(a) The information described in section 32706a(3).

(b) The intended maximum monthly and annual volumes and rates of the proposed withdrawal, if different from the capacity of the equipment used for making the proposed withdrawal.

(c) If the amount and rate of the proposed withdrawal will have seasonal fluctuations, the relevant information related to the seasonal use of the proposed withdrawal.

(d) A description of how the water will be used and the location, amount, and rate of any return flow.

(e) Any other information the property owner would like the department to consider in making its determination under this section.

(2) Upon receipt of a request for a site-specific review, the department shall consider the information submitted to the department under subsection (1) and shall consider the actual stream or river flow data of any affected stream reach. The department shall also apply the drainage area aggregation standards provided in section 32706a(2)(a), (b), and (c), if applicable, and account for cumulative withdrawals as provided for in section 32706e. The department shall not rely on the assessment tool's determination in making its determination under a site-specific review.

(3) The department shall complete its site-specific review within 10 working days of submittal of a request for a site-specific review. If the department determines, based upon a site-specific review, that the proposed withdrawal is a zoneA or a zone B withdrawal, the department shall provide written notification to the property owner and the property owner may register the withdrawal and may proceed with the withdrawal.

(4) Subject to subsection (5), if the department determines in conducting a site-specific review that the proposed withdrawal is a zone C withdrawal, the property owner may register the withdrawal and proceed to make the withdrawal if the property owner self-certifies that he or she is implementing applicable environmentally sound and economically feasible water conservation measures prepared under section 32708a that the property owner considers to be reasonable or has self-certified that he or she is implementing applicable environmentally sound and economically feasible water conservation measures developed for the water use associated with that specific withdrawal that the property owner considers to be reasonable.

(5) Except for withdrawals exempt from obtaining a water withdrawal permit under section 32723, if a site-specific review determines that a proposed withdrawal is a zone C withdrawal with capacity in excess of 1,000,000 gallons of water per day from the waters of the state to supply a common distribution system, the person proposing the withdrawal shall not register the withdrawal and shall not proceed with making the withdrawal unless the person obtains a water withdrawal permit under section 32723.

(6) If the department determines, based upon a site-specific review, that the proposed withdrawal is a zone D withdrawal, the property owner shall not register the withdrawal and shall not make the withdrawal unless he or she applies for a water withdrawal permit under section 32723 and the withdrawal is authorized under that section.

(7) After a property owner registers a withdrawal following a site-specific review, if, in developing the capacity to make the withdrawal, the conditions of the withdrawal deviate from the specific data that were evaluated in the site-specific review, the property owner shall notify the department of the corrected data and the department shall confirm its determination under the site-specific review. If the corrected data do not change the determination under the site-specific review, the property owner may proceed with the withdrawal. If the corrected data change the determination under the site-specific review, the property owner shall proceed under the provisions of this part related to the corrected determination.

(8) Subject to subsection (9), prior to the implementation date of the assessment tool under section 32706a, a property owner proposing to develop withdrawal capacity on his or her property to make a new or increased large quantity withdrawal may submit to the department a request for an interim site-specific review under this subsection to determine whether or not the proposed withdrawal is likely to cause an adverse resource impact. The department, upon request, shall conduct an interim site-specific review under this subsection within a reasonable time period not to exceed 30 days based upon an evaluation of reasonably available information. For purposes of this part, a determination under an interim site-specific review under this subsection shall be afforded the same status as a site-specific review otherwise conducted under this section.

(9) Except for withdrawals exempt from obtaining a permit under section 32723, a property owner who, prior to the implementation of the assessment tool under section 32706a, intends to develop withdrawal capacity on his or her property to make a new or increased large quantity withdrawal of more than 1,000,000 gallons of water per day from the waters of the state to supply a common distribution system shall obtain an interim site-specific review under subsection (8). If the interim site-specific review determines that the proposed withdrawal is a zone C withdrawal, the property owner shall not proceed with making the withdrawal unless the person obtains a water withdrawal permit under section 32723.

Sec. 32706d. (1) The department shall develop a protocol for the collection of stream or river flow measurements by persons other than the department for use by the department in the administration of this part. The protocol may specify a minimum number of measurements, stream or river flow and weather conditions when the measurements are to be made, and any other conditions necessary to ensure the adequacy and quality of the measurements. The protocol shall ensure that stream or river flow measurements collected for this purpose meet the same data quality standards as stream or river flow measurements collected by the United States geological survey. The department shall consult with the United States geological survey and other recognized scientific experts in developing this protocol.

(2) The department may use stream or river flow data collected using the protocol under subsection (1) in conducting site-specific reviews, in making water withdrawal permit decisions under section 32723, in issuing permits under the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023, in updating the water withdrawal assessment tool as appropriate, or in other actions requiring an evaluation of stream or river flow.

(3) The department may establish a program to train and certify individuals in the collection of stream or river flow measurements. The department shall charge a fee sufficient to reimburse the department for the cost of a program developed under this subsection. The department may enter into a cooperative agreement with the United States geological survey to provide training and certification under this section.

Enacting section 1. Section 32724 of the natural resources and environmental protection act, 1994 PA 451, MCL324.32724, 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. 212.

(b) Senate Bill No. 723.

(c) Senate Bill No. 727.

(d) Senate Bill No. 858.

(e) Senate Bill No. 859.

(f) Senate Bill No. 860.

(g) House Bill No. 4343.

(h) House Bill No. 5065.

(i) House Bill No. 5066.

(j) House Bill No. 5069.

(k) House Bill No. 5073.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor