Introduced by Sen. Liz Brater (D) on November 1, 2005, to require the Department of Environmental Quality to consider impacts on ground and surface water movements before granting a water withdrawal permit to a public water supply system.
Referred to the Senate Natural Resources & Environmental Affairs Committee on November 1, 2005.
Reported in the Senate on December 7, 2005, with the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Substitute offered in the Senate on December 7, 2005, to replace the previous version of the bill with one that gives the DEQ more discretion in reviewing municipal water systems. The substitute passed by voice vote in the Senate on December 7, 2005.
Passed 36 to 0 in the Senate on December 8, 2005, to require the Department of Environmental Quality to consider impacts on ground and surface water movements before granting a water withdrawal permit to a public water supply system that uses more than 2 million gallons per day, or 5 million if from the Great Lakes and connected waterways. The department would have to reject proposals if the system would not meet standards proposed by Senate Bill 850, unless there was no feasible and prudent alternative, and the environmental impact of the withdrawal would be balanced by its public benefit. Who Voted "Yes" and Who Voted "No"
Received in the House on December 8, 2005.
Referred to the House Natural Resources, Great Lakes, Land Use, and Environment Committee on December 8, 2005.
Reported in the House on February 9, 2006, with the recommendation that the substitute (H-3) be adopted and that the bill then pass.
Substitute offered in the House on February 9, 2006, to replace the previous version of the bill with one that also requires a new water bottling facility with a capacity of more than 250,000 gallons per day to get a permit. A permit applicant would have to demonstrate that the use will not have an adverse resource impact; is reasonable under common law water use principals; will not impact the riparian rights of other landowners; that the applicant will address any hydrologic impacts caused by the withdrawal; and the applicant will provide public notice and consult with local officials and "interested community members". The substitute passed by voice vote in the House on February 9, 2006.
Passed 101 to 3 in the House on February 9, 2006, to require the Department of Environmental Quality to consider impacts on ground and surface water movements before granting a water withdrawal permit to a public water supply system that uses more than 2 million gallons per day, or 5 million if from the Great Lakes and connected waterways. The department would have to reject proposals if the system would not meet standards proposed by Senate Bill 850, unless there was no feasible and prudent alternative, and the environmental impact of the withdrawal would be balanced by its public benefit. The bill also requires a new water bottling facility with a capacity of more than 250,000 gallons per day to get a permit, see House substitute description for details. Who Voted "Yes" and Who Voted "No"
1) Rep. Sheen's "no vote explanation" by Admin003 on February 11, 2006 Rep. Sheen, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
No Vote Explanation on Water Bills
This is not about clean water or protecting the Great Lakes. It is about regulating water withdrawal from residents and businesses. This is not a time to make any more regulations to make it any more difficult or expensive to do business, create jobs, or for families to live in Michigan. This legislation may be carefully crafted to protect current businesses and residents, but it opens the door to future regulation, higher costs of doing business, and further erosion of private property rights. I can not support more job killing regulations, increased costs, and further erosion of private property rights."
2) Sen. Brater's "journal statement" by Admin003 on December 9, 2005 Senator Brater's statement is as follows:
Mr.President and members, earlier today, we voted on the water package and I had intended to make some concluding remarks before final passage of Senate Bill No.857, which I was not quick enough on the button, so I'd like to make them at this time if I could.
It's basically just to summarize that the water protection legislation that passed today provides new protections for our water-dependent natural resources and, at the same time, upholds the public trust doctrine in the Michigan riparian law. There are improvements that can be made and we will continue to work on this package. There are several ways in which the bills represent real progress in protecting Michigan's water resources, and I think that it's very important to emphasize, as we conclude the Senate portion of the work on these bills, that this was a very important consensus-building process; that we had many diverse groups on-board, including a huge environmental coalition of groups that came together from various points of view. Also the business community and the agriculture community in the state of Michigan all worked together through the workgroups and the committee process to come to this consensus today.
So I think it is a very historic process to see all of these groups working together, and I just wanted to congratulate all of the groups that were involved from the environmental, business, and agriculture communities. I hope to see this move forward in the other chamber.
3) 2005 Senate Bill 857 (Establish new public water system restrictions ) by admin on January 1, 2001 Introduced in the Senate on November 1, 2005, to require the Department of Environmental Quality to consider impacts on ground and surface water movements before granting a water withdrawal permit to a public water supply system that uses more than 2 million gallons per day, or 5 million if from the Great Lakes and connected waterways. The department would have to reject proposals if the system would not meet standards proposed by Senate Bill 850, unless there was no feasible and prudent alternative, and the environmental impact of the withdrawal would be balanced by its public benefit
The vote was 36 in favor, 0 opposed and 2 not voting