2005 Senate Bill 857 / 2006 Public Act 37

Establish new public water system restrictions

Introduced in the Senate

Nov. 1, 2005

Introduced by Sen. Liz Brater (D-18)

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 Committee on Natural Resources and Environmental Affairs

Dec. 7, 2005

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Substitute offered

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

Dec. 8, 2005

Passed in the Senate 36 to 0 (details)

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.

Received in the House

Dec. 8, 2005

Referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment

Feb. 9, 2006

Reported without amendment

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

Substitute offered

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

Passed in the House 101 to 3 (details)

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.

Received in the Senate

Feb. 9, 2006

Passed in the Senate 37 to 0 (details)

Signed by Gov. Jennifer Granholm

Feb. 22, 2006