Terms Used In Michigan Laws 324.5405

  • Assistance: means 1 or more of the following activities to the extent authorized by the federal safe drinking water act:
  (i) Provision of loans for the planning, design, and construction or alteration of waterworks systems. See Michigan Laws 324.5401
  • Department: means the department of environment, Great Lakes, and energy or its authorized agent or representative. See Michigan Laws 324.5402
  • Municipality: means a city, village, county, township, authority, public school district, or other public body with taxing authority, including an intermunicipal agency of 2 or more municipalities, authorized or created under state law. See Michigan Laws 324.5402
  • Priority list: means the annual ranked listing of projects developed by the department in section 5406. See Michigan Laws 324.5403
  • Project: means a project related to the planning, design, and construction or alteration of a waterworks system and may include utilization of more efficient energy and resources as described in any of the following:
  •   (i) The cost-effective governmental energy use act, 2012 PA 625, MCL 18. See Michigan Laws 324.5403
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • supplier: means a municipality or its designated representative accepted by the director, a legal business entity, or any other person that owns a public water supply. See Michigan Laws 324.5403
  • system: means a system of pipes and structures through which water is obtained or distributed and includes any of the following that are actually used or intended to be used for the purpose of furnishing water for drinking or household purposes:
  •   (i) Wells and well structures. See Michigan Laws 324.5403
      (1) A water supplier that is interested in applying for assistance under this part shall prepare and submit to the department a planning document as provided in this section. The department shall use the planning documents submitted under this section to develop a priority list for assistance as provided under this part. A water supplier may submit as part of the planning document for a project either of the following:
      (a) Any preexisting documents or plans that were prepared for other projects or purposes.
      (b) Any preexisting documents that were developed under another local, state, or federal program, as applicable.
      (2) During the development of a planning document, a water supplier that is a municipality shall consider and utilize, where practicable, cooperative regional or intermunicipal projects, and a water supplier that is not a municipality shall consider and utilize, where practicable, connection to, or ownership by, a water supplier that is a municipality.
      (3) A planning document must include documentation that demonstrates all of the following:
      (a) The project is needed to ensure maintenance of or progress toward compliance with the minimum requirements of the national environmental policy act of 1969, Public Law 91-190, 42 USC 4321, 4331 to 4335, and 4341 to 4347.
      (b) An analysis of alternatives including the cost of each alternative.
      (c) A description of project costs and how the project will be paid for including, but not limited to, an explanation of how the debt will be repaid.
      (d) A list of the environmental and public health implications and mitigation plans.
      (e) Consideration of opportunities to utilize more efficient energy and resources as described in any of the following:
      (i) The cost-effective governmental energy use act, 2012 PA 625, MCL 18.1711 to 18.1725.
      (ii) Section 11c of 1851 PA 156, MCL 46.11c.
      (iii) Section 75b of 1846 RS 16, MCL 41.75b.
      (iv) Section 5f of the home rule city act, 1909 PA 279, MCL 117.5f.
      (v) Section 24b of the home rule village act, 1909 PA 278, MCL 78.24b.
      (vi) Section 36 of the general law village act, 1895 PA 3, MCL 68.36.
      (4) A planning document must describe the public participation activities conducted during planning and must include all of the following:
      (a) Significant issues raised by the public and any changes to the project that were made as a result of the public participation process.
      (b) A demonstration that there were adequate opportunities for public consultation, participation, and input in the decision-making process during alternative selection.
      (c) A demonstration that before the adoption of the planning document, the water supplier held a public meeting on the proposed project not less than 10 days after advertising the public meeting in local media of general circulation including, but not limited to, the water supplier’s website, and at a time and place conducive to maximizing public input.
      (d) A demonstration that, concurrent with advertisement of the public meeting, a notice of public meeting was sent to all affected local, state, and federal agencies and to any public or private parties that expressed an interest in the proposed project.
      (e) A summary of the public meeting, including a list of all attendees and any specific concerns that were raised.
      (5) A planning document must include either of the following, as appropriate:
      (a) For a water supplier that is a municipality, a resolution adopted by the governing board of the municipality approving the planning document.
      (b) For a water supplier that is not a municipality, a statement of intent to implement the planning document.
      (6) A planning document must not have as a primary purpose the construction of or expansion of a waterworks system to accommodate future development or fire protection.