HOUSE BILL No. 4903

July 18, 2013, Introduced by Reps. McCann, Tlaib, Geiss, Barnett, Hovey-Wright, Lipton, Cavanagh, Slavens, Irwin, Roberts, Townsend, Schor, Singh and Darany and referred to the Committee on Energy and Technology.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 32727 (MCL 324.32727), as amended by 2008 PA

 

183.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 32727. (1) The following withdrawals are exempt from the

 

requirements of this part unless they result in a diversion:

 

     (a) A withdrawal undertaken as part of an activity authorized

 

by the department under part 111, 115, 201, or 213. , or 615.

 

     (b) A withdrawal undertaken as part of an activity authorized

 

by the United States environmental protection agency under either

 

of the following:

 

     (i) The comprehensive environmental response, compensation, and

 

liability act of 1980, Public Law 96-510.


 

     (ii) The resource conservation and recovery act of 1976, Public

 

Law 94-580.

 

     (c) A withdrawal that is undertaken for hydroelectric

 

generation at sites certified, licensed, or permitted by the

 

federal energy regulatory commission.

 

     (d) A hydroelectric facility authorized under section 12 of

 

chapter 264 of the act of March 3, 1909, commonly known as the

 

river and harbor act of 1909, 35 Stat. 821.

 

     (e) A hydroelectric facility authorized under section 1075(c)

 

of the intermodal surface transportation efficiency act of 1991,

 

Public Law 102-240.

 

     (f) A hydroelectric facility authorized under Public Law 85,

 

chapter 1368, 34 Stat. 102.

 

     (g) Removal of water from an artificially created surface

 

water body that has as its primary source of water either of the

 

following:

 

     (i) A withdrawal that is not a new or increased large quantity

 

withdrawal.

 

     (ii) A registered new or increased large quantity withdrawal

 

that has been determined by the assessment tool, a site-specific

 

review, or a permit issued under section 32723 to be a withdrawal

 

that is not likely to cause an adverse resource impact.

 

     (h) A withdrawal from a noncommercial well located on the

 

following residential property:

 

     (i) Single-family residential property unless that well is a

 

lake augmentation well.

 

     (ii) Multifamily residential property not exceeding 4


 

residential units and not more than 3 acres in size unless that

 

well is a lake augmentation well.

 

     (2) The director of the department shall ensure that data in

 

the possession of the state related to withdrawals that are not

 

regulated under this part are compiled and shared with departmental

 

personnel responsible for implementing this part.