MEC Capitol Update
February 6, 2004

Trash Package Passes House -- see below
Governor's Budget to be Released Thursday (2/12) at noon.

Permits to pollute our waters are still free in Michigan -- into the fifth month of the fiscal year - No conference committee scheduled.

SB 252 - Water Pollution Discharge Fees - - The MDEQ budget bill authorizes $3.0 million in fees. The House substitute includes approximately $3 million in fees. However, the bill has been weakened by a provision that prevents the department from promulgating any new rules to protect water resources, exempts agricultural operations and does nothing to insure more enforcement or pollution prevention.

The Senate named Sens.McManus, Birkholz and Brater to the conference committee. The House named Reps. Koetje, Howell and Tobocman.

SB 560 - Groundwater Discharge Fees - The Senate noncurred with the House changes sending the bill to conference committee.

The Senate bill included $1.38 million in new groundwater discharge fees. The Governor had proposed $3.58 million in fees. These new fees will keep this program under funded with chronic non-compliance remaining a problem. The House amended the bill to provide exemptions to small businesses, non profits, agricultural facilities resulting in the bill only raising $330,000 (an insufficient amount to run the program).

Senate

Passed:

Pending under messages from the House:

SB 506 - Places a two-year moratorium on the construction of new landfill space.

SB 557 - Require landfills to report remaining capacity to the state.

SB 502 - Allows for the establishment and compilation of a list of jurisdictions that ban the same items from landfills that Michigan does. New provisions allow an individual to petition for inclusion of the "approved" list of jurisdictions on behalf of his/her jurisdiction -- ability to enforce must be comparable to our laws. The bills was tie-barred to HB 5234.

Also see bills passed by the House this week that will appear on this item of businesses next week.

On the calendar:

SB 532 and SB 533-- anti-littering legislation

SB 853 -- Reporting on the nature and the amount of litter collected under the adopt-a-river program

SB 854 - creates statewide recycling coordinator position

SB 855 - Reporting on the nature and the amount of litter collected under the adopt-a-shoreline program

SB 856 - Requires the state to conduct a comprehensive study on littering and create a marketing program to reduce litter

SB 857 - Reporting on the nature and the amount of litter collected under the adopt-a-trail program

SB 858 - Reporting on the nature and the amount of litter collected under the adopt-a-park program

SB 860 - Establishes a 1-800 number for reporting littering violations

SB 861 - Sets statewide goals for recycling rates (30% by 2009, 50% by 2014)

SB 653 - The bill removes the sunset on the baseline environmental assessment fee.

SB 703 -- Expands the types of flotation devices children age 12 and under must wear when riding on or being towed behind a personal watercraft to include type III (lower standard than currently in place in Michigan, making us consistent with U.S. Coast guard standards.

In committee:

Senate Natural Resources & Environmental Affairs is scheduled to meet on Tuesday (2/10) at 3:00 PM for a DEQ and DNR report - State of Michigan's environment -- 2003 Second Biennial Report

Appropriations: Natural Resources is scheduled to meet on Tuesday (2/10) at 12:00 PM to hold an Advice and Consent hearing on Mary Brown and Gerald Hall, Jr., appointees to the Natural Resources Commission.

Energy and Technology will meet Wednesday (2/11) at 3:00 pm to continue the discussion on Electric Restructuring (P.A. 141 of 2000)

House

Passed:

SB 57 - Allows the Director of the MDEQ to issue an order limited the movement of solid waste within the state or from outside the state if it poses a "substantial" health risk to Michigan residents

SB 497 - Defines beverage container for purposes of the proposed ban.

SB 498 - Establishes a list of banned items from landfills. On the positive side, the bill was expanded to include solid waste incinerators. Amendments that Michigan Environmental Council opposed include:

1) New de minimis standard for beverage containers, yard waste and scrap tires.

2) An exemption for green glass -- with a task force required to make recommendations
by December 31, 2004 -- if the legislature doesn't adopt the recommendations by June 1, 2007 the exemption is removed.

3) A provision that allows the director to make a determination that a safe, sanitary alternative disposal methods is not available for medical waste, beverage containers, scrap tires or yard waste -- allowing it to be landfilled.

SB 499 - Provides for an inspection program for Michigan landfills.

SB 500 - Increases the fines and penalties for certain solid waste law violations without the civil infraction authority in the Senate version. The Michigan Environmental Council opposed the removal of civil infraction authority.

SB 715 - Allows for local unit of government to assist the department in enforcement efforts.

HB 4098 - Earlier version of a bill to require other states and provinces to meet Michigan standards to have access to our landfills (see SB 502 and HB 5234).

HB 4099 - A different version of a bill to ban the disposal of beverage containers from Michigan landfills (see SB 497 and SB 498).

HB 4443 - Provides for a income tax; credit for residential lead abatement

HB 5126 - Provides for a Single Business Tax for lead abatement

HCR 44 - A concurrent resolution to memorialize the Congress of the United States to affirm support of state-empowered individual property rights and to urge the Congress and the Secretary of the Interior to take certain actions related to the Stupak-Thrall Court case originating in Gogebic County (regarding lake access within the Sylvania Wilderness Area).

On the calendar:

HB 4688 - Deletes a provision in law that prohibits the disposal of out-of-county solid waste unless provided for in county solid waste management plan. The U.S. Supreme Court nullified provision as it applies to out-of-state waste. This bill eliminates the requirement to have out-of-county waste in the solid waste management plan. This was the closest vote, coming out 6-4. The Michigan Environmental Council opposes the legislation.

HB 5236 - Requires voter approval for a local unit of government to impose a waste reduction fee or recycling surcharge on its residents. The fee is actually voluntary unless approved by the voters (due to a Michigan Supreme Court decision). The Michigan Environmental Council opposes this legislation.

HB 5237 - Limits the imposition of any recycling or waste reduction fee to actual households and not vacant property. Amended in committee to include commercial facilities in payment of the fee.

HB 5312 -- allows hunters to donate an additional $1.00 when purchasing hunting or fishing licensing to support the sportsmen against hunger program

HB 5023 -- Allows free access to state parks for individuals who served in the Iraqi Freedom War

SB 193 -- Provides for a specialty license plates for ducks unlimited

HB 5021 - to establish a wildlife violator compact.

HR 184 - a resolution to memorialize the Congress of the United States to enact the Protection of Lawful Commerce in Arms Act

Sent back to Local Government Committee:

HB 4880 - Creates an annual specific tax to be levied on every owner of qualified manufactured housing property. The tax would increase from $45 to $144 over a five and one-half year period. Currently owners of mobile homes pay an annual fee of $36.

HB 4111 -- Makes complementary amendments to the General Property Tax Act, to reflect the creation of the new specific tax act on manufactured homes and the repeal of the Mobile Home Park Act.

In committee:

Agriculture and Resource Management will meet on Tuesday (2/10) at 10:30 AM for a presentation form the Michigan Department of Agriculture on the census update.

Land Use and Environment will meet on Wednesday (2/11) at 2:00 PM or after committees are given leave by the House to meet, whichever time is later to take up HB 4929 -- Require for privately owned wastewater treatment facilities protection and disclosure procedures for discharges of untreated or partially treated sewage.