Bill Text: MI SB0194 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Water: quality; water quality alliance and sewage discharge alert system; provide for. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding pt. 32.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-12 - Referred To Committee On Environmental Quality [SB0194 Detail]

Download: Michigan-2019-SB0194-Introduced.html

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SENATE BILL No. 194

 

 

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

 

 

 

     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) "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.

 

     (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 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, 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.