SENATE BILL NO. 194

March 12, 2019, Introduced by Senator LUCIDO and referred to the Committee on Environmental Quality.

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding part 32.

the people of the state of michigan enact:

PART 32 WATER QUALITY ALLIANCES

Sec. 3201. As used in this part:

(a) "Beneficial use impairment" means that term as defined in annex 1 of the Great Lakes water quality agreement of 1978.

(b) "County agency" means an agency created or controlled by a county board of commissioners or a county executive, a board of county road commissioners, or an office of a county drain commissioner or water resources commissioner.

(c) "Great Lakes water quality agreement of 1978" means the "Great Lakes water quality agreement of 1978" between the United States and Canada signed November 22, 1978, including the phosphorus load reduction supplement signed October 16, 1983, and as amended by protocol signed November 18, 1987.

(d) "Member" means a municipality, county, county agency, public school district, public college or university, or other local or regional public agency that is a member of a water quality alliance as provided for in this part.

(e) "Water intake" means equipment for the withdrawal and transport of water from a body of surface water for use primarily by a public drinking water system.

(f) "Water quality alliance" means an organization established under section 3202.

Sec. 3202. (1) Two or more municipalities, by resolution of their respective governing bodies, may establish a water quality alliance for the purpose of monitoring water quality within the jurisdiction of the water quality alliance and conducting related activities, including 1 or more of the following:

(a) Conducting sampling of water bodies and analysis of science-based water quality data necessary to identify contamination and contamination sources.

(b) Informing the public about the monitoring program and the sampling and analyses of water quality data.

(c) Providing water quality data to other governmental agencies, colleges and universities, schools, and other persons for scientific, environmental compliance, and educational purposes.

(d) Implementing a notification system, approved by the department, for all users of a combined sewer system to alert the users that atmospheric conditions pose a threat of a sewage or chemical discharge and that a reduction in water usage could prevent or minimize the threat. The notification system may provide for different alerts based upon the magnitude of the threat.

(2) A resolution under subsection (1) establishing a water quality alliance shall include bylaws that identify, at a minimum, all of the following:

(a) The structure of the organization and decision-making process.

(b) The water bodies or water intakes, or both, within the jurisdiction of the water quality alliance.

(c) The municipalities, counties, county agencies, public school districts, and other local or regional public agencies eligible for membership in the water quality alliance as provided under subsection (3), including municipalities that operate water intakes supporting connected water treatment facilities.

(d) The basis for assessing costs to members.

(e) A mechanism to be used for adoption of an annual budget to support projects and activities.

(3) A water quality alliance shall provide for all municipalities, counties, and county agencies within the jurisdiction of the water quality alliance, including municipalities that operate water intakes supplying connected water treatment facilities, to voluntarily join as members on an equitable basis. In addition, at its discretion, the water quality alliance may authorize the voluntary membership of any local public school district, public college or university, or any other local or regional public agency. Following establishment of a water quality alliance under subsection (1), by resolution of its governing body, a municipality, county, county agency, public school district, public college or university, or other local or regional public agency established under state law may voluntarily join a water quality alliance as provided for in this subsection.

Sec. 3203. A water quality alliance shall carry out its responsibilities under this part and as otherwise provided by law.

Sec. 3204. (1) A water quality alliance, consistent with the purposes identified in section 31202 and its bylaws, may do 1 or more of the following:

(a) Employ personnel.

(b) Enter into agreements or contracts with public or private entities.

(d) Solicit grants, gifts, and contributions from federal, state, regional, or local public agencies and from private sources.

(e) Expend funds provided by members, or through grants, gifts, and contributions.

(f) Represent members of the water quality alliance before other bodies considering issues affecting water quality within the jurisdiction of the water quality alliance, including obtaining local, state, or federal permits or authorizations that may be required to carry out activities as may be authorized by its members.

(2) A water quality alliance shall prepare and deliver to its members on or before April 1 of each year a report detailing the revenue received and expenditures by the water quality alliance during the immediately preceding calendar year.

(3) A water quality alliance does not have independent authority to assess or collect any fees or taxes directly from individuals or property owners. A water quality alliance member may allocate public funds from taxes, assessments, or fees, including, but not limited to, volumetric fees charged to water supply customers, generated under other state laws for use by a water quality alliance.

Sec. 3205. (1) A water quality alliance shall obtain an audit of its financial records, accounts, and procedures at least every other year.

(2) A water quality alliance shall submit the results of an audit under subsection (1) to the governing bodies of its members and to the state treasurer.

(3) An audit under subsection (1) must satisfy all audit requirements set under the uniform budgeting and accounting act, 1968 PA 2, 141.421 to 141.440a.

Sec. 3206. This part does not provide a water quality alliance or any of its members with any additional authority not otherwise provided by law.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.