Introduced by Rep. Michael Sak (D) on July 25, 2007, to give any “interested persons” the ability to submit a petition to the director of Department of Environmental Quality if they believe that adverse resource impacts are occurring or are likely to occur as a result of a commercial and industrial facility using groundwater, and require the DEQ to investigate the petition. The bill would also give local governments the authority to regulate large quantity commercial and industrial groundwater withdrawals. 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-5) be adopted and that the bill then pass.
Substitute offered in the House on May 21, 2008, to replace the previous version of the bill with one that does not contain the provisions described for the introduced version, but instead revises the composition "water users committees" required under law to adopt "voluntary" use restrictions. The substitute passed in the House by voice vote on May 21, 2008.
Substitute offered by Rep. Phil Pavlov (R) on May 21, 2008, to replace the previous version of the bill with one that not allow a local government official on a water users committee to create an "ad hoc subcommittee" of residents to provide information and advice, and does not allow a local government to recommend that the DEQ review a proposed water withdrawal it opposes. The substitute failed in the House by voice vote on May 21, 2008.
Passed in the House (62 to 45) on May 21, 2008, to revise the composition of large groundwater user committees "encouraged" under a 2006 law to adopt "voluntary" water use restrictions (which the Department of Environmental Quality has the discretion to impose anyway). The bill would allow a local government official on one of these committees to create an "ad hoc subcommittee" of residents to provide information and advice. It also increases notice requirements for large water withdrawals, and allow a local government to recommend that the DEQ review a proposed water withdrawal it opposes. [Vote Details and Comments]
Motion by Rep. Steve Tobocman (D) on May 21, 2008, to give the bill immediate effect. The motion failed in the House (61 to 46) on May 21, 2008. [Vote Details and Comments]
Received in the Senate on May 27, 2008.
Referred to the Senate Natural Resources & Environmental Affairs Committee on May 27, 2008.
1) "no vote explanation" [by Admin003 on May 27, 2008] 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:
The Great Lakes Compact and the package of bills connected to it would put in jeopardy Michigan’s sovereign industries that utilize this resource, and the individual citizen’s ability to tap this great resource as seen fit. I believe if we don not sign the compact, that in a court of law, any attempt by the federal government to divert water from the Great Lakes Basins would ultimately be overridden by the tenth amendment and individual state’s rights. In addition to the sovereignty concerns, the Michigan Manufactures Association testified that this legislation would create far reaching regulation, raising the cost of doing business. This would further exasperate our economy and cost jobs in the food and beverage, agricultural and other manufacturing industries. It would also create regulatory uncertainty, increased bureaucracy, and would encourage more litigation. They also testified that the reduction flow index is not supported by the current science; in fact, it would abandon years of scientific study and millions of dollars of research funded by state money.
I voted for HB 4343 as the lesser of two evils, though I would have preferred to do nothing. Which of the following is the greatest danger:
1) The Federal government usurping control over the Great Lakes and subjecting us to the Army Corp of Engineers, who have screwed up state after state with their federal water projects?
2) Create another layer of bureaucracy, subjecting our state and job providers to the whims of seven other states and two Canadian provinces.
I consider the Federal government more dangerous than subjecting ourselves to seven states and two provinces. If the compact is signed, then the Federal government will sign it as well. However, if the Federal government doesn’t sign the bill, it negates the whole compact.
That being said, I cannot support any of the bills connected with the Great Lakes Compact (HBs 5065-5073 and SBs 858-860, 721, 723, 725-729). Currently, Michigan has the authority to decide how much water is utilized, removed, or diverted in the Great Lakes Basin. It can decide how much water each of its citizen’s, municipalities, and industries such as farmers, manufactures, and other job providers use in their course of business. Every other state around us is limited in what they can and cannot do according to the percentage of that state’s or province’s territory that borders the Great Lakes Basin. Michigan is considered a 99% border basin, with the next closest state bordering at only 40%. Why would we want to relinquish our right and ability to utilize one of Michigan’s greatest resources at a time in which the auto industry is faltering and Michigan’s economy is in the basement?”
2) "no vote explanation" [by Admin003 on May 27, 2008] Rep. Meekhof, 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:
We must protect the environment and that’s why I voted for the Great Lakes Water Compact, but we need to protect our economy as well.
The House Democrats’ plan to monitor water withdrawals goes well beyond what is required by the Great Lakes Water Compact. It imposes unnecessary regulation on Michigan businesses and farmers, which will harm our economy.
I do believe we do need a system to monitor environmental impact of water withdrawals, but these bills are overly restrictive. Unlike the plan I supported, these stringent requirements will shut off large portions of the state from future economic uses and will drive more businesses out of state. For example, agriculture is one of our state’s top industries, but this plan makes it harder to get a permit and will make costs go up for farmers.
Furthermore, these bills take control over how our water is used away from elected lawmakers and hands it over to the bureaucrats at the Department of Environmental Quality.
I offered an alternate plan that would protect our environment and water resources while still promoting economic growth, but this plan was voted down. For these reasons, I cannot support these bills at this time.”
3) 2007 House Bill 5070 (Expand commercial/industrial groundwater restrictions and regulations ) [by admin on January 1, 2001] Introduced in the House on July 25, 2007, to revise the composition of large groundwater user committees "encouraged" under a 2006 law to adopt "voluntary" water use restrictions (which the Department of Environmental Quality has the discretion to impose anyway). The bill would allow a local government official on one of these committees to create an "ad hoc subcommittee" of residents to provide information and advice. It also increases notice requirements for large water withdrawals, and allow a local government to recommend that the DEQ review a proposed water withdrawal it opposes
The vote was 62 in favor, 45 opposed and 3 not voting