P.L. 19-64

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Ralph DLG. Torres Governor The Honorable Rafael S. Demapan Speaker, House of Representatives Nineteenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 The Honorable Francisco M. Borja Senate President, The Senate Nineteenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 Dear Mr. Speaker and Mr. President: Victor B. Hocog Lieutenant Governor 0 2 SEP 2016 This is to inform you that I have signed into law House Bill No. 19-54, HDl, entitled, "To authorize the Bureau of Environmental and Coastal Quality: Division of Environmental Quality to set well water usage rates for commercial and other non governmental groundwater wells within the Commonwealth of the Northern Marianas Islands; and for other purposes." which was passed by the House of Representatives and the Senate of the Nineteenth Northern Marianas Commonwealth Legislature. This bill becomes Public Law No. 19-64. Copies bearing my signature are forwarded for your reference. s cc: Lt. Governor; Attorney General ' s Office; Press Secretary; Bureau of Environmental and Coastal Quality; Commonwealth Utilities Corporation; Law Revision Commission; Secretary of Finance; Public Auditor; Special Assistant for Administration; Special Assistant for Programs and Legislative Review Caller Box 10007 Saipan, MP 96950 Telephone: (670) 237-2200 Facsimile: (670) 664-2211 /2311 Public Law No. 19-64 Jfouse of <.Rspresentatives 191h NORTHERN MARIANAS COMMONWEALTH LEGISLATURE P.O. BOX 500586 August 4, 2016 The Honorable Ralph DLG. Torres Governor Commonwealth of the Northern Mariana Islands Capitol Hill Saipan, MP 96950 Dear Governor Torres: SAIPAN, MP 96950 I have the honor of transmitting herewith for your action H.B. No. 19-54, HDl, entitled: "To authorize the Bureau of Environmental and Coastal Quality : Division of Environmental Quality to set well water usage rates for commercial and other non-governmental groundwater wells within the Commonwealth of the Northern Marianas Islands; and for other purposes." , which was passed by the House of Representatives and the Senate of the Nineteenth Northern Marianas Commonwealth Legislature. Sincerely yours, Attachment Nineteentfi Legisfature of tfie Public Law No. 19-64 Commonwea{tfi of tfie Nortfiem :Jdariana I sfands IN THE HOUSE OF REPRESENTATIVES Second Special Session April 24, 2015 Representative Angel A. Demapan, of Saipan, Precinct I (for himself,) in an open and public meeting with an opportunity for the public to comment, introduced the following Bill: H.B. No. 19-54, HDl AN ACT 'l'O AU'l'HOlllZE 'l'HE HUllEAU ()Ii' ENl7IllON!IEN'l'AJ .. AND (;OAS'l'AJ .. OUAJ .. I'l'Y: Dll7ISION 01( ENl7Ill0N)JEN'l'AJ. UUAJ .. I'l'Y 'l'O SE'l' l\Tl~J .. J .. l\rA'l'Ell USAGE llJ.\.'l'ES J(Oll COH!IEIU;JAJ .. AND O'l'IIEll NON-GOl7EllNHEN'l'AJ. GllOUNln\7A'l'Ell l\7EJ .. J.S l\7l'l'IIIN 'l'IIE CO!l!ION\fEAJ:t'II 01( 'l'IIE NOll'l'IIEllN !IAIUANAS ISJ .. ANDS; AND l(Oll O'l'IIEll I•UllPOSES. The Bill was referred to the House Committee on Natural Resources, which submitted Standing Committee Report 19-71; adopted December 21, 2015. THE BILL WAS PASSED BY THE HOUSE OF REPRESENTATIVES ON FIRST AND FINAL READING, DECEMBER 21, 2015; with amendments in the form ofH. B. 19-54, HDl and transmitted to the THE SENATE. The Bill was referred to the Senate Committee on Resources, Economic, Development and Programs, which submitted Standing Committee Report 19-11 O; adopted July 26, 2016. THE BILL WAS PASSED BY THE SENATE ON FIRST AND FINAL READING, JULY 26, 2016; without amendments and was returned to THE HOUSE OF REPRESENTATIVES. !Nineteenth £egisfature of the Public Law No. 19-64 Commonweafth of the Wortliern ::M ariana I sCands IN THE HOUSE OF REPRESENTATIVES Eleventh Day, Second Regular Session December 21, 2015 H.B. No. 19-54~ DBI AN ACT 'l'O AU'l'HOIUZE 'l'HE HUUEAU OJ( ENVIUONllEN'l'AI .. AND (~OAS'l'AI. OUAl .. I'l'Y: IH\TJSION OJ( EN\TIJlONHEN'l'AI .. OUAl .. I'l'Y 'l'O SE'I' l\rEJ .. J .. l\rA'l'EU USAGE UA'l'ES )(OU CtHlllEUCIAI .. AND O'l'IIEU NON GO\TEUNlllEN'l'AI.. GUOUNDlfA'l'EU l\7El .. I..S lfl'l'HIN 'l'HE (~OllllONl\rEAl.'1'11 OJ( 'l'HE NOU'l'HEUN llAIUANAS ISl.J\NDS; AND J(()Jl O'l'HEll PUUJ•OSES. Be it enacted by the Nineteenth Northern Marianas Commonwealth Legislature: 1 Section 1. Findings and Purpose. The Legislature finds that Public Law 6-12, 2 entitled the "Commonwealth Groundwater Management and Protection Act of 1988" was 3 enacted to protect and preserve the Commonwealth' s water resources. The statement of 4 policy set forth in Public Law 6-12 reads as follows: 5 "In consideration that the Commonwealth of the Northern Mariana Islands is almost 6 exclusively dependent upon groundwater for its water supply, it is hereby declared to be the 7 public policy of the Commonwealth of the Northern Mariana Islands and the purpose of this 8 [public law] to: 9 (a) Assert the rights of the people to groundwater resources for public benefit; Public Law No. 19-64 HOUSE BILL 19-54, HDl 1 (b) Assert that the general welfare requires that groundwater resources be put to the 2 highest beneficial use for which they are capable; 3 ( c) Create permitting systems which regulate the withdrawal and use of groundwater 4 resources of the Commonwealth; 5 ( d) Designate groundwater management zones; and 6 ( e) Promote the long-term ability of the Commonwealth to provide reliable and 7 potable water to the public." 8 Public Law 6-12 further set forth a statement of authority as follows: 9 "The groundwater resources of the Commonwealth belong to the public. No 10 diversion, withdrawal, storage, or use of such water shall occur except in the compliance with 11 this [public law] and with other laws of the Commonwealth." 12 Public Law 6-12 restricts withdrawal and use of well water unless authorized by law. Water 13 resources are scarce and its usage must be controlled in order to provide water to future 14 generations to come. Accordingly, all users of groundwater must be regulated in order to 15 preserve and conserve our water resources. Whether ground water is pumped into a pipe or 16 into a water well, ground water should be metered and all users must pay a reasonable fee for 17 the use of such water. The purpose of this legislation is to authorize Division of 18 Environmental Quality to regulate and establish well water usage fees thus the intention of 19 monitoring and regulating the use of the Commonwealth' s groundwater resources is 20 reinforced. 21 Section 2. Amendment. Title 2, Division 3, Chapter 3 § 3324 of the 22 Commonwealth Code is amended by adding a new subsection (g) to read as follows: 23 "(g) The Bureau of Environmental and Coastal Quality is hereby authorized to 24 set well water usage rates for commercial and other non-governmental groundwater 25 wells." 2 Public Law No. 19-64 HOUSE BILL 19-54, HDl 1 Section 3. Amendment. Title 2, Division 3, Chapter 3 § 3333 of the 2 Commonwealth Code is amended to read as follows: 3 "§ 3333 Fees. 4 All fees, charges, and civil fines authorized and collected under this chapter 5 shall be paid to the Commonwealth Treasurer, provided that 50% of the fees collected 6 under this chapter shall be deposited into 2 CMC § 3135 (Division of Environmental 7 Quality Special Fund Account). Fees and charges shall be established so as to assure 8 full recovery of the costs of administration and monitoring for the program as a 9 whole." 10 Section 4. Severability. If any provision of this Act or the application of any such 11 provision to any person or circumstance should be held invalid by a court of competent 12 jurisdiction, the remainder of this Act or the application of its provisions to persons or 13 circumstances other than those to which it is held invalid shall not be affected thereby. 14 Section 5. Savings Clause. This Act and any repealer contained herein shall not be 15 construed as affecting any existing right acquired under contract or acquired under statutes 16 repealed or under any rule, regulation, or order adopted under the statutes. Repealers 17 contained in this Act shall not affect any proceeding instituted under or pursuant to prior law. 18 The enactment of the Act shall not have the effect of terminating, or in any way modifying, 19 any liability, civil or criminal, which shall already be in existence on the date this Act 20 becomes effective. 3 Public Law No. 19-64 HOUSE BILL 19-54, HDl 1 Section 6. Effective Date. This Act shall take effect upon its approval by the 2 Governor or becoming law without such approval. Attested to by: Certified by: SPEAQ;;:;)MAP~ House of Representatives J 91h Northern Marianas Commonwealth Legislature :-----=---- day of ,~"'-""-~, ~~tr ., 2016 Commonwealth of the Northern Mariana Islands 4