Vetoed by Governor John Kasich

Vote Smart's Synopsis:

Vote to pass a bill that requires certain facilities that withdraw or consume water from Lake Erie to obtain permits from the Division of Soil and Water Resources.

Highlights:

• Requires the chief of the Division of Soil and Water Resources to establish a program for the issuance of permits for the withdrawal and consumptive use of water from the Lake Erie watershed (Sec. 1).

• Requires the owner of a facility to obtain a withdrawal and consumptive use permit if the facility meets any of the following criteria (Sec. 1):
• The facility has a new or increased capacity for withdrawals or consumptive uses from Lake Erie, or a river or stream under influence of Lake Erie of at least 5 million gallons per day averaged over a 90-day period;
• The facility has a new or increased capacity for withdrawals or consumptive uses from any river or stream, other than a river or stream under the influence of Lake Erie or from ground water in the Lake Erie watershed of at least 2 million gallons per day averaged over a 90-day period; or
• The facility has a new or increased capacity for withdrawals or consumptive uses from any river or stream that is "high quality water" and has a drainage area of less than 100 square miles of at least 300,000 gallons per day averaged over a 90-day period.

• Defines "high quality water" as a river or stream that has been designated by the Environmental Protection Agency as an exceptional warm water habitat, cold water habitat, outstanding state water, or superior high-quality water, excluding outstanding state waters that are designated as such due to exceptional recreational value (Sec. 1).

• Specifies that permits are not required for the portion of the withdrawal and consumptive use capacity of the facility below the threshold amount (Sec. 1).

• Requires the chief of the Division of Soil and Water Resources to apply criteria established by the Great Lakes--St. Lawrence River Basin Water Resources Compact in making the decision to issue or deny a permit (Sec. 1).

• Exempts a facility from being required to obtain a permit if the facility meets criteria including, but not limited to, the following (Sec. 1):
• The facility has not increased withdrawal and consumptive use capacity above the baseline report and beyond the established thresholds;
• The facility is required to increase its withdrawal and consumptive use capacity as a result of legal requirements or emergency conditions;
• The facility is increasing its withdrawal and consumptive use capacity for testing purposes, if the testing period will not last longer than 24 months; or
• The facility purchases all of its water from a public water system.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires certain facilities that withdraw or consume water from Lake Erie to obtain permits from the Division of Soil and Water Resources.

Highlights:

• Requires the chief of the Division of Soil and Water Resources to establish a program for the issuance of permits for the withdrawal and consumptive use of water from the Lake Erie watershed (Sec. 1).

• Requires the owner of a facility to obtain a withdrawal and consumptive use permit if the facility meets any of the following criteria (Sec. 1):
• The facility has a new or increased capacity for withdrawals or consumptive uses from Lake Erie, or a river or stream under influence of Lake Erie of at least 5 million gallons per day averaged over a 90-day period;
• The facility has a new or increased capacity for withdrawals or consumptive uses from any river or stream, other than a river or stream under the influence of Lake Erie or from ground water in the Lake Erie watershed of at least 2 million gallons per day averaged over a 90-day period; or
• The facility has a new or increased capacity for withdrawals or consumptive uses from any river or stream that is "high quality water" and has a drainage area of less than 100 square miles of at least 300,000 gallons per day averaged over a 90-day period.

• Defines "high quality water" as a river or stream that has been designated by the Environmental Protection Agency as an exceptional warm water habitat, cold water habitat, outstanding state water, or superior high-quality water, excluding outstanding state waters that are designated as such due to exceptional recreational value (Sec. 1).

• Specifies that permits are not required for the portion of the withdrawal and consumptive use capacity of the facility below the threshold amount (Sec. 1).

• Requires the chief of the Division of Soil and Water Resources to apply criteria established by the Great Lakes--St. Lawrence River Basin Water Resources Compact in making the decision to issue or deny a permit (Sec. 1).

• Exempts a facility from being required to obtain a permit if the facility meets criteria including, but not limited to, the following (Sec. 1):
• The facility has not increased withdrawal and consumptive use capacity above the baseline report and beyond the established thresholds;
• The facility is required to increase its withdrawal and consumptive use capacity as a result of legal requirements or emergency conditions;
• The facility is increasing its withdrawal and consumptive use capacity for testing purposes, if the testing period will not last longer than 24 months; or
• The facility purchases all of its water from a public water system.

Full Bill Text