January 25, 2011, Introduced by Rep. Heise and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
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 and
implementing activities designed to address water quality or
impairments of beneficial uses that are of mutual concern within
the jurisdiction of the water quality alliance, including 1 or more
of the following:
(a) Monitoring, sampling, and analyses of data necessary to
identify contamination and contamination threats within the water
bodies and protect water quality.
(b) Conducting public surveys, preparing and distributing
informational and educational materials, and organizing activities
involving the public.
(c) Designing and implementing projects and conducting
activities to protect or enhance water quality.
(d) Designing and implementing other actions to protect public
health, and maintain and restore beneficial uses of the surface
water resources within the jurisdiction of the water quality
alliance.
(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 is a body corporate with
power to sue and be sued in any court of this state and with the
authority to 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 to coordinate and implement actions.
(b) Enter into agreements or contracts with public or private
entities to coordinate or implement actions.
(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 issues
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) shall 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.