February 16, 2016, Introduced by Reps. Hovey-Wright, Sarah Roberts, Irwin, Cochran, Darany, Chang, Greig, Plawecki, Townsend, Moss, Schor, LaVoy, Faris, Pagan, Heise, Wittenberg, Hoadley, Geiss, Phelps and Zemke and referred to the Committee on Energy Policy.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 32706a and 32727 (MCL 324.32706a and
324.32727), section 32706a as added by 2008 PA 185 and section
32727 as amended by 2008 PA 183.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32706a. (1) On October 1, 2008, the department shall make
available
for testing and evaluation an internet-based Internet-
based water withdrawal assessment tool based upon the
recommendations of the former groundwater conservation advisory
council and the requirements of this part. The assessment tool
shall
contain a flow-based safety factor. Beginning 1 year after
the
effective date of the amendatory act that added this section,
July 9, 2008, the department shall implement the assessment tool.
Following the effective date of the 2016 amendatory act that
amended this section, the department shall update the assessment
tool to include all of the following:
(a) Consideration of the effect of cumulative water
withdrawals associated with hydraulic fracturing.
(b) An accurate assessment of the effect of high-volume,
short-duration water withdrawals associated with hydraulic
fracturing.
(c) Consideration of the effect on lakes, rivers, streams,
ponds, and wetlands from water withdrawals associated with
hydraulic fracturing.
(2) The assessment tool shall determine whether a proposed
withdrawal is a zone A, zone B, zone C, or zone D withdrawal and
whether a proposed withdrawal is likely to cause an adverse
resource impact based upon whether the proposed withdrawal is from
a cold river system, a cold-transitional river system, a cool river
system, or a warm river system. The assessment tool shall account
for impacts due to cumulative withdrawals as provided for in
section 32706e. The assessment tool shall also distinguish the
impact of a proposed withdrawal based upon whether the proposed
withdrawal is from a stream, a small river, or a large river,
subject to the following:
(a) Cool streams and warm streams with less than 3 square
miles of drainage area shall be integrated into the next largest
drainage area for purposes of assessment tool determinations.
(b) Cool streams and warm streams with less than 20 square
miles of drainage area and less than 1 cubic foot per second of
index flow shall be integrated into the next largest drainage area
for purposes of assessment tool determinations.
(c) Cool streams and warm streams with a drainage area of more
than 3 square miles but less than 6 square miles shall be
integrated into the next largest drainage area for purposes of
assessment tool determinations for groundwater withdrawals.
(3) The assessment tool shall allow the user to enter into
fields the following data related to a proposed withdrawal:
(a) The capacity of the equipment used for making the
withdrawal.
(b) The location of the withdrawal.
(c) The withdrawal source, whether surface water or
groundwater.
(d) If the source of the withdrawal is groundwater, whether
the source of the withdrawal is a glacial stratum or bedrock.
(e) The depth of the withdrawal if from groundwater.
(f) The amount and rate of water to be withdrawn.
(g) Whether the withdrawal will be intermittent.
(4) The assessment tool shall contain a print function that
allows the user, upon receipt of the assessment tool's
determination, to print the data submitted and the determination
returned along with a date and time.
(5) The assessment tool shall work in conjunction with the
online registration process and shall also allow operation
independent of the online registration process.
(6) On an ongoing basis, the department shall add verified
data to the assessment tool's database from reports submitted under
sections
section 32707;
, water use conservation plans submitted
under
section 32708; , and
permits issued under the safe drinking
water
act, 1976 PA 399, MCL 325.1001 to 325.1023; , and other
sources of data regarding the waters of the state. Additionally,
the department shall make technical modifications to the assessment
tool related to considerations of temperature, hydrology, and
stream or river flow based upon a scientific methodology adopted by
order of the commission.
(7) If a person disagrees with the designation of a particular
stream or river as a cold river system, a cold-transitional river
system, a cool river system, or a warm river system for use in the
assessment tool or otherwise under this part, the person may
petition for a redesignation of that stream or river. The petition
shall be submitted to the commission for its review and
determination.
(8) The department shall report annually to the standing
committees of the legislature with jurisdiction primarily
pertaining to natural resources and the environment on the
implementation of the assessment tool and this part. This report
shall include, but is not limited to, all of the following:
(a) The number of zone C withdrawal site-specific reviews
requested
by applicants each 12 months after the effective date of
the
implementation of the assessment tool under section
32706a.year.
(b) The number of zone C withdrawal site-specific review
determinations that resulted in changes from zone C to zone B and
the number of changes from zone C to zone A.
(c) The number of zone C withdrawal site-specific review
determinations that result in a zone D withdrawal determination.
(d) The number of site-specific review determinations where
the department failed to meet statutory timelines.
(e) The number of registered assessment tool determinations
for each zone.
(f) The number of voluntary requests for site-specific reviews
that were submitted to the department and whether the department
failed to meet statutory timelines on these site-specific reviews.
(g) The number of registrations submitted to the department
under this part.
(9) As used in this section, "hydraulic fracturing" means the
process of injecting foam or fluid into a well under pressure to
create fractures in a formation and thereby enhance production of
hydrocarbons.
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 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.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. 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. 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.