Bill Text: MI HB6372 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Water; drinking water; certain bottled drinking water operations; provide permit fee.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-09-26 - Bill Electronically Reproduced 09/25/2018 [HB6372 Detail]

Download: Michigan-2017-HB6372-Introduced.html

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HOUSE BILL No. 6372

 

 

September 25, 2018, Introduced by Rep. Lucido and referred to the Committee on Natural Resources.

 

     A bill to amend 1976 PA 399, entitled

 

"Safe drinking water act,"

 

by amending the title and section 17 (MCL 325.1017), the title as

 

amended by 1998 PA 56 and section 17 as amended by 2008 PA 188, and

 

by adding section 17a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to protect the public health; to provide for

 

supervision and control over public water supplies; to prescribe

 

the powers and duties of the department of environmental quality;

 

to provide for the submission of plans and specifications for

 

waterworks systems and the issuance of construction permits

 

therefor; to provide for capacity assessments and source water

 

assessments of public water supplies; to provide for the

 

classification of public water supplies and the examination,

 

certification and regulation of persons operating those systems; to

 

provide for continuous, adequate operation of privately owned,

 

public water supplies; to authorize the promulgation of rules to

 

carry out the intent of the act; to create the water supply fund;

 

to provide for the administration of the water supply fund; certain

 

funds and provide for their use; and to provide penalties.

 

     Sec. 17. (1) A person engaged in producing bottled drinking

 

water shall utilize a water source meeting the requirements of this

 

section and the requirements otherwise provided in this act.

 

Bottling or packaging facilities and their operation shall remain

 

under the supervision of the department of agriculture and rural

 

development as provided for in the food law of 2000, 2000 PA 92,

 

MCL 289.1101 to 289.8111.

 

     (2) A person producing bottled drinking water from an out-of-

 

state source shall submit proof to the director that the source and

 

bottling facilities were approved by the agency having

 

jurisdiction. The director may withhold approval of the bottled

 

water if the other agency's inspection, surveillance, and approval

 

procedures and techniques are determined to be inadequate.

 

     (3) A person who proposes to engage in producing bottled

 

drinking water from a new or increased large quantity withdrawal of

 

more than 200,000 gallons of water per day from the waters of the

 

state or that will result in an intrabasin transfer of more than

 

100,000 gallons per day average over any 90-day period shall submit

an application for a permit to the department in a form required by

 

the department containing an evaluation of environmental,

 

hydrological, and hydrogeological conditions that exist and the

 

predicted effects of the intended withdrawal that provides a

 

reasonable basis for the determination under this section to be

 

made.

 

     (4) The department shall only approve an application for a

 

permit under subsection (3) if the department determines both of

 

the following:

 

     (a) The proposed use will meet the applicable standard

 

provided in section 32723 of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.32723.

 

     (b) The person will undertake activities, if needed, to

 

address hydrologic impacts commensurate with the nature and extent

 

of the withdrawal. These activities may include those related to

 

the stream flow regime, water quality, and aquifer protection.

 

     (5) Before proposing activities under subsection (4)(b), the

 

person proposing to engage in producing bottled drinking water

 

shall consult with local government officials and interested

 

community members.

 

     (6) Before making the determination on a permit application

 

under subsection (4), the department shall provide public notice

 

and an opportunity for public comment of not less than 45 days.

 

     (7) If the person proposing to engage in producing bottled

 

drinking water under subsection (3) does not have a permit under

 

section 4, the person shall request a determination under

 

subsection (4) when that person applies for a permit under section

4. If the person proposing to engage in producing bottled drinking

 

water has previously received a permit under section 4, the person

 

shall obtain approval under subsection (4) prior to beginning the

 

operations. A proposed use for which the department makes a

 

determination that the conditions of subsection (4) will be met

 

shall be considered to satisfy the requirements of section 4.11 of

 

the compact.

 

     (8) A person seeking a departmental determination under

 

subsection (4) shall submit an application fee of $5,000.00 to the

 

department. that is issued a permit under this section is subject

 

to a permit fee equaling 5 cents per gallon for each gallon of

 

water that is withdrawn under the permit. The permittee shall

 

transmit permit fees to the department at a time and in a manner

 

required by the department. The department shall transmit

 

application forward permit fees received under this section to the

 

state treasurer to be credited to the water use protection fund

 

created in section 32714.for deposit into the water infrastructure

 

fund created in section 17a.

 

     (9) This section shall not be construed as affecting,

 

intending to affect, or in any way altering or interfering with

 

common law water rights or the applicability of other laws

 

providing for the protection of natural resources or the

 

environment.

 

     (10) A person who proposes to engage in producing bottled

 

drinking water and who submitted an application for a permit under

 

section 4 prior to the effective date of the amendatory act that

 

added this subsection February 28, 2006, is subject to the

provisions of this section that existed on February 28, 2006.

 

     (11) As used in this section, "compact", "intrabasin

 

transfer", "new or increased large quantity withdrawal", and

 

"waters of the state" mean those terms as they are defined in

 

section 32701 of the natural resources and environmental protection

 

act, 1994 PA 451, MCL 324.32701.

 

     Sec. 17a. (1) The water infrastructure fund is created within

 

the state treasury.

 

     (2) The state treasurer may receive money or other assets from

 

any source for deposit into the water infrastructure fund. The

 

state treasurer shall direct the investment of the water

 

infrastructure fund. The state treasurer shall credit to the water

 

infrastructure fund interest and earnings from water infrastructure

 

fund investments.

 

     (3) Money in the water infrastructure fund at the close of the

 

fiscal year shall remain in the water infrastructure fund and shall

 

not lapse to the general fund.

 

     (4) The department shall be the administrator of the water

 

infrastructure fund for auditing purposes.

 

     (5) Money from the water infrastructure fund shall be

 

expended, upon appropriation, only to administer this act and for

 

drinking water and sewer system infrastructure capital improvement

 

projects as provided by law.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.