Bill Text: MI HB5403 | 2015-2016 | 98th Legislature | Introduced


Bill Title: Water; quality; water quality alliances; provide for. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding pt. 32.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-03-02 - Bill Electronically Reproduced 03/01/2016 [HB5403 Detail]

Download: Michigan-2015-HB5403-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5403

March 1, 2016, Introduced by Reps. Heise, Hughes, LaVoy and Chang and referred to the Committee on Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"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) "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.

 

     (b) "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 7, 1983, and as

 

amended by protocol signed November 18, 1987.


     (c) "Impairment of beneficial uses" means that term as it is

 

defined in section 1(c) of annex 2 of the Great Lakes water quality

 

agreement of 1978.

 

     (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.

 

     (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 an equitable basis

 

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. 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.

 

     (c) Assess and collect fees from members with approval of the

 

governing bodies of the members.

 

     (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 prior January 1 through December 31 period.

 

     (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 the use of public funds from fees, taxes, or assessments

 

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, MCL 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.

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