MEC Capitol Update
March 12, 2004

Groundwater Program within weeks of being declared defunct -- economic development and water resources will suffer

In a letter to dated March 4, 2004, Director Steve Chester notified the legislature that the groundwater discharge permitting program would stop operating within weeks. No new permits, or modification of current permits would be processed and no enforcement efforts will be conducted. The bill to authorize new fees (SB 560) remain in conference committee, which Sen. Michele McManus chairs.

SB 560 - Groundwater Discharge Fees - The Governor had proposed $3.58 million in fees. The Senate bill included $1.38 million in new groundwater discharge fees. 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).

Permits to pollute -- five months and still waiting

SB 252 -- Water Discharge Permit Fees -- Nearly a month after passing the conference committee report, the Senate retains possession of the enacted bill, not sending on to the Governor (which she has stated she will veto). It is unclear how the issue of administrative rule authority may be resolved.

The bill, working off the House version, transferred about $75,000 (out of a total of $3 million) in the proposed fees onto municipal sources (a $40,000 increase to the Detroit Water Utility). The provision which makes the bill unacceptable to the department (and have resulted in Governor Granholm saying she will veto the bill), requires that the MDEQ receive prior legislative authority before writing any new administrative rules.

The Democrats on the committee did not sign the conference report (Brater and Tobocman). The Senate passed it 21-17 (along party lines except that Sen. Sanborn voted against the conference report), that House approved it 55-46 (with five Republicans voting against it -- Brandenburg, Gaffney, LaSata, Hune and Stewart).

Bills to turn forest program over to timber industry pass the House (see below)

Senate

Passed:

SB 111 - Require state parks to post at park entrances whether or not hunting or firearm usage is allowed within the state park.

SB 759 - Requires the Department of Natural Resources programs to include information on fueling techniques and problems associated with marine fuel spills in marine safety courses.

HB 4352 - Prohibits snowmobiles from using red or blue colored headlight lens caps.

On the calendar:

SB 217 - The bill to amend the drain code was reported from the Agriculture Committee.

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).

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)

In committee:

Senate Natural Resources & Environmental Affairs is scheduled to meet on Tuesday (3/16) at 3:00 PM to take up the following bills:

HB 4929 -- A bill to require privately owned wastewater treatment facilities to disclosure discharges of untreated or partially treated sewage.

SB 977 -- A bill to establish pollution; water pollution reporting protocol under part 31.

SR 214 -- A resolution to urge the Michigan Department of Environmental Quality and the Office of the Great Lakes to work with the EPA Great Lakes National Program Office to develop a pilot project to provide real-time monitoring of water quality for Lake St. Clair and the St. Clair River.

Energy and Technology will meet Wednesday (3/17) at 3:00 pm for a discussions on Public Act 141 of 2000, Electric Restructuring

Senate Appropriation Subcommittees:

Environmental Quality will meet on Wednesday (3/17) at 12:00 Noon to take action on the FY 2004-05 Budget for the Department of Environmental Quality. The subcommittee is expected to make its recommendations to the full committee.

Natural Resources will meet on Tuesday (3/16) at 12:00 Noon
to take action on the FY 2004-05 Budget for the Department of Natural Resources. The subcommittee is expected to make its recommendation to the full committee.

House

Passed:

HB 5234 - Regulates the disposal of solid waste in landfills to limit waste that does not meet our standards - similar to SB 502 as passed by the Senate -- the bill was amended to replace homogenous with reference to uniform materials or substances. The bill was amended to not require a county to site a new landfill if there was sufficient capacity within 150 miles. Bill is now sent to the Governor.

HB 5235 - Requires that solid waste haulers notify their customers of
the list of banned items. Bill is now sent to the Governor.

HB 5552 -- Changes membership of the forest finance authority to give control to the forest product industry and allows for specialty uses of the forest development fund including payments in lieu of taxes.

HB 5553 -- Allows for forest pilot project areas.

HB 5554 -- calls for sustainable forestry, the creation of forest plans and certification programs. The bills also requires the plan to include annual goals for harvested acres to be established by the forest products industry.

On the calendar:

HB 5206 -- a bill to allow a city to be eligible to create a brownfield redevelopment authority if it has an abandoned landfills larger than 140 acres within its boundaries.

HR 198 -- A resolution to memorialize the Congress of the United States to establish a minimum rate of return of 95 percent of Michigan’s federal transportation funding for highway and transit programs.

SB 510 -- a bill to establish stormwater fees (could be used to amend the same sections as SB 252 that may be vetoed by the Governor).

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

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

In committee:

Appropriation Subcommittee Meetings:

Agriculture will meet on Tuesday and Thursday (3/16 9am & 3/18 8am) to review the FY 2004-05 Agriculture Budget - and to make recommendations.

Transportation will meet on Tuesday (3/16) at 8:00 AM to review the FY 2004-05 Transportation Budget - and take public testimony