Public Act 180 of 2008

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• Introduced by Rep. Rebekah Warren (D) on July 25, 2007, to require the Department of Environmental Quality to create an online “Water Withdrawal Assessment Tool,” which would enable commercial and industrial facilities to determine from various factors what level of regulation and prior permit approval they would be subject to for groundwater withdrawals of various sizes. The bill allows a potential facility to request a determination from the DEQ of the specific registrations or permits that would be required, and the level of regulations and restrictions the enterprise would be subject to if the owners chose to proceed. The DEQ could charge up to $500 for this assessment. The bill is part of a legislative package consisting of House Bills 5065 to 5073 that would restrict and subject to extensive regulation the use of groundwater by industrial and commercial businesses.
  • Referred to the House Great Lakes and Environment Committee on July 25, 2007.
    • Reported in the House on March 12, 2008, with the recommendation that the substitute (H-6) be adopted and that the bill then pass.
  • Substitute offered in the House on June 4, 2008, to replace the previous version of the bill with one that revises details based on extensive testimony and "fine tuning." The main substance of the bill as previously described is not changed. This version was subsequently superseded by another substitute with more changes. The substitute failed by voice vote in the House on June 4, 2008.
  • Substitute offered by Rep. Phil Pavlov (R) on June 4, 2008, to replace the previous version of the bill with one that also imposes a massive new groudwater use regulatory regime but with differences in minor details. For example, this version would not require permits for residential wells serving two, three or four single-family residences, rather than only exempting those serving just one residence. The substitute failed by voice vote in the House on June 4, 2008.
  • Substitute offered by Rep. Rebekah Warren (D) on June 4, 2008, to replace the previous version of the bill with one that revises details based on extensive testimony and "fine tuning." The main substance of the bill as previously described is not changed. The substitute passed by voice vote in the House on June 4, 2008.
  • Amendment offered by Rep. Martin Griffin (D) on June 4, 2008, to not "tie-bar" the bill to the other bills in the House groundwater regulation package, meaning those bill need not become law for this one to become law. The amendment failed by voice vote in the House on June 4, 2008.
  • Amendment offered by Rep. Joel Sheltrown (D) on June 4, 2008, to not require permits for residential wells serving between 2 and 14 single-family residences, rather than only exempting those serving just one residence, as long as the property is under three acres in size. The amendment passed by voice vote in the House on June 4, 2008.
  • Amendment offered by Rep. Brian Palmer (R) on June 4, 2008, to tie-bar the bill to Senate Bill 776, meaning this bill cannot become law unless that one does also. SB 776 is a "partial birth abortion" ban. The amendment failed by voice vote in the House on June 4, 2008.
  • Amendment offered by Rep. Daniel Acciavatti (R) on June 4, 2008, to tie-bar the bill to House Bill 5627, meaning this bill cannot become law unless that one does also. HB 5627 would repeal the 21.99 percent Michigan Business Tax surcharge imposed on businesses. The amendment failed by voice vote in the House on June 4, 2008.
  • Amendment offered by Rep. Brian Palmer (R) on June 4, 2008, to tie-bar the bill to Senate Bill 1049, meaning this bill cannot become law unless that one does also. SB 1049 would authorize sentencing guidelines for the “partial birth abortion” ban proposed by Senate Bill 776. The amendment failed by voice vote in the House on June 4, 2008.
  • Amendment offered by Rep. Jacob Hoogendyk, Jr. (R) on June 4, 2008, to tie-bar the bill to House Bill 4660, meaning this bill cannot become law unless that one does also. HB 4660 would establish in law the right of a health care provider to refuse to participate in certain health care services (including abortions) due to ethical, moral or religious objection. The amendment failed by voice vote in the House on June 4, 2008.
  • Amendment offered by Rep. Jacob Hoogendyk, Jr. (R) on June 4, 2008, to tie-bar the bill to Senate Bill 1059, meaning this bill cannot become law unless that one does also. SB 1059 would prohibit a girl under age 18 whose petition for a waiver from the parental consent provision of Michigan’s abortion law has been denied by a court to petition a second time. The amendment failed by voice vote in the House on June 4, 2008.
  • Amendment offered by Rep. Kathy Angerer (D) on June 4, 2008, to authorize an alternative permit process for dewatering operations in certain iron mine operations. The amendment passed by voice vote in the House on June 4, 2008.
  • Amendment offered by Rep. Chris Ward (R) on June 4, 2008, to authorize an alternative permit process for dewatering operations in certain iron mine operations. The amendment failed by voice vote in the House on June 4, 2008.
  • Amendment offered by Rep. Chris Ward (R) on June 4, 2008, to insert a provision allowing a person to petition for the redesignation of a river or stream into one of the categories that determines what kinds of water withdrawal is permitted; require the DEQ to report to the legislature on its own performance in meeting timelines specified in the bill; eliminate a provision that lowers the threshold for determining whether a permit is required for a withdrawal that might affect certain coldwater streams; remove a provision that prohibits allowing an increased surface water flow made possible by "restorative measures" unrelated to a particular user's groundwater withdrawal permit as the basis for allowing a permit that would otherwise be prohbited; and to not "tie-bar" the bill to the other bills in the House groundwater regulation package, meaning those bill need not become law for this one to become law. The amendment failed by voice vote in the House on June 4, 2008.
• Passed 56 to 52 in the House on June 4, 2008, to require the Department of Environmental Quality to create an online “Water Withdrawal Assessment Tool,” which would enable commercial and industrial facilities to determine from various factors what level of regulation and prior permit approval they would be subject to for groundwater withdrawals of various sizes. The bill allows a potential facility to request a determination from the DEQ of the specific registrations or permits that would be required, and the level of regulations and restrictions the enterprise would be subject to if the owners chose to proceed. The bill is part of a legislative package consisting of House Bills 5065 to 5073 that would restrict and subject to extensive regulation the use of groundwater by industrial and commercial businesses.
  Who Voted "Yes" and Who Voted "No"
• Received in the Senate on June 10, 2008.
  • Referred to the Senate Natural Resources & Environmental Affairs Committee on June 10, 2008.
    • Reported in the Senate on June 25, 2008, with the recommendation that the substitute (S-1) be adopted and that the bill then pass.
  • Substitute offered in the Senate on June 25, 2008, to replace the previous version of the bill with one that tranfers some of its provisions to Senate Bill 860 and incorporates it into the Senate-passed package of groundwater withdrawal regulations, and inserts a legislative "finding" that "the waters of the Great Lakes basin are interconnected and part of a single hydrologic system". The substitute passed by voice vote in the Senate on June 25, 2008.
• Passed 35 to 0 in the Senate on June 25, 2008, to require the Department of Environmental Quality to create an online “Water Withdrawal Assessment Tool,” which would enable commercial and industrial facilities to determine from various factors what level of regulation and prior permit approval they would be subject to for groundwater withdrawals of various sizes. The bill allows a potential facility to request a determination from the DEQ of the specific registrations or permits that would be required, and the level of regulations and restrictions the enterprise would be subject to if the owners chose to proceed. See also Senate Bill 860.
  Who Voted "Yes" and Who Voted "No"
• Received in the House on June 25, 2008.
• Passed 84 to 22 in the House on June 26, 2008, to concur with the Senate-passed version of the bill, which incorporates it into the Senate groundwater withdrawal regulation package, and inserts a legislative "finding" that "the waters of the Great Lakes basin are interconnected and part of a single hydrologic system".
  Who Voted "Yes" and Who Voted "No"
• Signed by Gov. Jennifer Granholm on July 9, 2008.