Act No. 183
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. McDowell, Sak, LeBlanc, Alma Smith, Byrnes, Vagnozzi, Wojno, Accavitti, Kathleen Law, Bieda, Polidori, Constan, Robert Jones, Clack, Bauer, Young, Simpson, Donigan, Valentine, Warren, Meadows, Miller, Melton, Hammel, Espinoza, Brown, Lemmons, Meisner, Sheltrown, Hammon, Tobocman, Corriveau, Farrah, Cushingberry, Jackson, Johnson, Coulouris, Brandenburg and Dean
ENROLLED HOUSE BILL No. 5065
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," by amending sections 32721, 32722, and 32727 (MCL 324.32721, 324.32722, and 324.32727), as added by 2006 PA 33.
The People of the State of Michigan enact:
Sec. 32721. (1) A person shall not make a new or increased large quantity withdrawal from the waters of the state that causes an adverse resource impact.
(2) This section does not apply to the baseline capacity of a large quantity withdrawal or a well capable of making a large quantity withdrawal that existed on February 28, 2006.
(3) This section does not apply to a withdrawal that is utilized solely for fire suppression.
(4) A person who developed the capacity to make a new or increased large quantity withdrawal on or after February28, 2006 and prior to February 1, 2009 or who received a determination under former section 32724 during that period is subject to the definition of adverse resource impact that existed on February 28, 2006.
Sec. 32722. (1) For new or increased large quantity withdrawals developed on or after February 28, 2006 and prior to the implementation date of the assessment tool under section 32706a, there is a rebuttable presumption that the withdrawal will not cause an adverse resource impact in violation of section 32721 under either of the following circumstances:
(a) The location of the withdrawal is more than 1,320 feet from the banks of an affected stream reach.
(b) The withdrawal depth of the well is at least 150 feet.
(2) If the assessment tool determines that a withdrawal is a zone A or a zone B withdrawal and is not likely to cause an adverse resource impact, there is a rebuttable presumption that the withdrawal under the conditions that were the basis for the assessment tool's determination will not cause an adverse resource impact in violation of section 32721.
(3) If the department determines, based upon a site-specific review, or in connection with a permit or approval issued under section 32723 or the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023, that a withdrawal is not likely to cause an adverse resource impact, there is a rebuttable presumption that the withdrawal under the conditions that were the basis of the department's determination will not cause an adverse resource impact in violation of section 32721.
(4) A presumption under this section is not valid if the capacity to make the withdrawal is not developed within 18months after the withdrawal is registered. A presumption under this section may be rebutted by a preponderance of evidence that a new or increased large quantity withdrawal from the waters of the state has caused or is likely to cause an adverse resource impact.
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, 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.
Enacting section 1. 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. 5066.
(i) House Bill No. 5067.
(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