Public Act 148 of 2003

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• Introduced by Sen. Patricia Birkholz (R) on March 11, 2003, to require well owners who pump groundwater at a rate greater than 70 gallons a minute in aquifers deemed "critical" by the Department of Environmental Quality to apply to the department for a permit, which would have to be renewed after five years. Agricultural users would apply to the Department of Agriculture. The permit application would require extensive disclosures, and a fee to be determined by the department would be required. The bill also establishes a groundwater the conflict resolution process of House Bill 4087. That bill does not require prior permitting.
  • Referred to the Senate Natural Resources & Environmental Affairs Committee on March 11, 2003.
  • Reported in the Senate on May 1, 2003, with the recommendation that the substitute (S-4) be adopted and that the bill then pass.
  • Substitute offered in the Senate on May 7, 2003, to replace the previous version of the bill with one which would impose a $100 fee on irrigation systems, industries and municipal water systems that pump more than 100,000 gallons of groundwater per day. Farms that file a water use conservation plan would not have to pay the fee. Part of the revenue would be used to pay for a statewide groundwater inventory map, which the Department of Natural Resources would be required to develop within two years. The bill would impose new reporting requirements on industrial users. The substitute is tie-barred to House Bill 4087, which establishes a groundwater conflict resolution process. It does not contain the permit requirements of the original bill. The substitute passed by voice vote in the Senate on May 7, 2003.
  • Amendment offered by Sen. Liz Brater (D) on May 8, 2003, to require high capacity well users to annually report to the state on efforts they undertake to conserve water use. The amendment failed 16 to 22 in the Senate on May 8, 2003.
    Who Voted "Yes" and Who Voted "No"
  • Amendment offered by Sen. Liz Brater (D) on May 8, 2003, to require the Department of Agriculture to forward copies of all conservation plans that it receives from farms which are high capacity well users to the Department of Environmental Quality. Also, to require farms to include on those reports "the latitude and longitude of their wells as digitized from a 1:24,000 geological survey quadrangle map, or a global positioning system, with the accuracy of either method of reported location data to within 15 feet". The amendment failed 16 to 22 in the Senate on May 8, 2003.
    Who Voted "Yes" and Who Voted "No"
  • Amendment offered by Sen. Liz Brater (D) on May 8, 2003, to increase from $50 to $100 the annual fee paid by farms that pump more than 100,000 gallons of groundwater per day. The amendment failed 15 to 22 in the Senate on May 8, 2003.
    Who Voted "Yes" and Who Voted "No"
  • Amendment offered by Sen. Liz Brater (D) on May 8, 2003, to grant the Department of Environmental Quality new power to restrict large groundwater withdrawals. The amendment failed 15 to 22 in the Senate on May 8, 2003.
    Who Voted "Yes" and Who Voted "No"
• Passed 38 to 0 in the Senate on May 8, 2003, to impose a $100 fee on irrigation systems, industries and municipal water systems that pump more than 100,000 gallons of groundwater per day. Part of the revenue would be used to pay for a statewide groundwater inventory map, which the Department of Natural Resources would be required to develop within two years. Farms that file a water use conservation plan would not have to pay the fee. The bill would impose new reporting requirements on industrial users, and a less rigorous reporting requirement on farms. The substitute is tie-barred to House Bill 4087, which establishes a groundwater conflict resolution process. It does not contain the permit requirements of the original bill.
  Who Voted "Yes" and Who Voted "No"
• Received in the House on May 8, 2003.
  • Referred to the House Land Use and Environment Committee on May 8, 2003.
  • Reported in the House on June 19, 2003, with the recommendation that the substitute (H-2) be adopted and that the bill then pass.
  • Substitute offered in the House on July 16, 2003, to replace the previous version of the bill with one recommended by the committee which reported it. The substitute incorporates technical changes resulting from committee testimony and deliberation. These changes do not affect the substance of the bill as previously described. The substitute passed by voice vote in the House on July 16, 2003.
  • Amendment offered by Rep. Barbara Farrah (D) on July 16, 2003, to eliminate a provision establishing that farms which file a water use conservation plan would not have to pay the $100 reporting fee. The amendment failed by voice vote in the House on July 16, 2003.
  • Amendment offered by Rep. Julie Dennis (D) on July 16, 2003, to estabish more detailed aquifer mapping and farm reporting requirements. The amendment failed 40 to 67 in the House on July 16, 2003.
    Who Voted "Yes" and Who Voted "No"
  • Amendment offered by Rep. Paul Gieleghem (D) on July 16, 2003, to include "surface water augmentation facilities" in the reporting and mapping mandates proposed by the bill. These are wells used to raise pond or inland lake levels. The amendment failed by voice vote in the House on July 16, 2003.
  • Amendment offered by Rep. John Moolenaar (R) on July 16, 2003, to require that the aquifer protection report mandated by the bill, which may recommend new regulations on well owners, must be approved by a majority of the groundwater conservation advisory council that the bill would create. The amendment passed by voice vote in the House on July 16, 2003.
  • Amendment offered by Rep. Julie Dennis (D) on July 16, 2003, to break the tie-bar to House Bill 4087, which establishes a well users conflict resolution process. The amendment failed 45 to 61 in the House on July 16, 2003.
    Who Voted "Yes" and Who Voted "No"
• Passed 91 to 14 in the House on July 16, 2003, to impose a $100 fee on irrigation systems, industries and municipal water systems that pump more than 100,000 gallons of groundwater per day. Farms that file a water use conservation plan would not have to pay the fee. Part of the revenue would be used to pay for a statewide groundwater inventory map, which the Department of Natural Resources would be required to develop within two years. The bill would impose new reporting requirements on industrial users, and a less rigorous reporting requirement on farms. The substitute is tie-barred to House Bill 4087, which establishes a groundwater conflict resolution process. It does not contain the permit requirements of the original bill.
  Who Voted "Yes" and Who Voted "No"
• Received in the Senate on July 17, 2003.
  • Amendment offered by Sen. Patricia Birkholz (R) on July 17, 2003, to break a tie-bar to House Bill 4087, meaning that this bill would go into effect even if that bill is not signed into law. Opponents have raised concerns that the fee increases proposed in this bill are not sufficient to pay for the well users conflict procedures proposed in that bill. Supporters of that bill want to keep the tie-bar to reduce the chance of a veto of HB 4087. The amendment passed by voice vote in the Senate on July 17, 2003.
• Passed 30 to 0 in the Senate on July 17, 2003, to concur with the House-passed version of the bill, with amendment.
  Who Voted "Yes" and Who Voted "No"
• Received in the House on July 17, 2003.
• Passed 93 to 14 in the House on July 17, 2003, to concur with the Senate-passed version of the bill, as amended.
  Who Voted "Yes" and Who Voted "No"
• Signed by Gov. Jennifer Granholm on August 8, 2003.