MEC Capitol Update
10/28/05

A bipartisan water use package was introduced in the House of Representative (HB 5366–5373), while in the Senate, Democrats (still waiting to be read in) and Republicans (SB 850-852) introduced separate packages. Watch for a detailed analysis of the packages next week.

The House bipartisan water use package and the Senate Democrat bills are patterned after the "Great Lakes, Great Michigan" platform developed by member groups of the Michigan Environmental Council.

Trash bills are scheduled for votes in the Senate Natural Resources Committee on Tuesday – no testimony will be taken.

Senate

Passed:

SB 747 – A bill to allow research and development of landfills that promote decomposition through the addition of water into the
system.

HB 5148 and 5149 - bills to allow for the licensure of Research Development and Demonstration Projects (RDDP) projects which will allow the addition of liquids into a solid waste landfill for the purpose of encourage decomposition. The bills are tie-barred to SB
747.

On the calendar:

SB 337 - A bill to create a tax credit for historical buildings renovations. The bill however creates them as SBT credits, which
although generated by nonprofit groups would be sold to SBT tax payers. A grant program to the nonprofits could serve the same
purpose directly.

SB 693 and SJR E that would codify and propose a Constitutional amendment provision that would prohibit the use of eminent
domain when the property is to be transferred to a private entity for its primary benefit

In Committee:

Natural Resources & Environmental Affairs will meet on Thursday (11/1) at 3:00 pm and will vote on the following legislation:

HB 5176 -78 – These bill required Michigan to restrict out-of-state trash from entering the state to the extent Congress authorized such restrictions and sets penalties for failure to follow such restrictions. The Michigan Environmental Council believe the bills will have little real value since the bills pending before Congress do not allow the state to prohibit trash from Canada, and may not fully allow us to restrict it from other states. Efforts to strengthen the bills through amendments that would have authorized surcharges if Congress failed to act were defeated in the House.

SB 783 – These bills establish an out-of-state waste regulatory program – including the authority to restrict waste if authorized to do
so by Congress, and a surcharge on out-of-state waste.

HB 4860 – This bill clarifies that a municipality is not responsible for a sewage discharge from a facility that is not owned by the
municipality or that it has not taken responsibility for in writing.

HB 5297 - part of the package that allows sewer infrastructure funds to be used as grants versus loans

Agriculture may meet on Thursday (11/3) at 9:00 am to take up SB 777 that would preempt any local ordinance on the sale or labeling of seeds.

 

House

On the calendar:

SB 789, SB 790, SB 799 and SB 800 – This package of bills is designed to allow for the use of up to $40 million of the Strategic Water Quality Initiatives Funds for grants to municipality to do planning projects for sewer upgrades. Voters in 2002 authorized up to $1 billion for sewer infrastructure in 2002, 90% of the money went into the State Revolving Fund, 10% went into the Strategic Water Quality Initiatives Fund for projects related to septic replacement and footer drain disconnects. There will be a two year window, and a $1 million cap per community. If a community takes the money, they are required to follow through with the project, or repay the money. Language was added in committee to insure public comment would be allowed before grants were awarded.

HB 5281 – Provide for representation of communities on certain intercounty drainage boards.

HB 4647 – Provide for a Single business tax credit for a production tax credit for wind energy from wind turbines.

HB 4648 – Provide for a definition and outline the regulation of wind energy systems by townships.

HB 4649 – Provide for a definition and regulation of wind energy systems by counties.

HB 4271 – A bill to expand the definition of livestock to include deer for property tax classification purposes under an agricultural
operations.

HB 4468 – A bill to classify game bird hunting preserves as agricultural property under the property tax act.

HB 4072 – A bill to classify horse boarding stables as agricultural real property for personal property tax purposes.

SB 538 – A bill to make methane digesters and similar technologies eligible for small business pollution prevention loans. The use of methane digester is only viable for large scale confined animal feeding operations, many of which have been shown to be chronic violators of environmental laws, or as designed, are expected to become violators during certain weather conditions. The Michigan Environmental Council opposed the legislation because we do believe scarce state resources should be used to subsidize these types of farms.

HB 4235 - a bill to require 2% biodiesel to be included in diesel fuel sold within the state.

In committee:

Agriculture will meet on Tuesday (11/1) at 2:00 pm or after session to take up:

HB 5033 - a bill to make methane digesters and similar technologies exempt from the property tax.

Government Operations will meet on Tuesday (11/1) at 10:30 am to take testimony only on eminent domain and take up the following bills:

HB 5294 - Establish grace period and limit fines for zoning ordinance violations for cities and villages.

HB 5295 - Establish grace period and limit fines for zoning ordinance violations for counties.

HB 5296 - Establish grace period and limit fines for zoning ordinance violations for townships.

Submitted by:

James Clift
Brad Garmon
Michigan Environmental Council
119 Pere Marquette, Ste 2A
Lansing, MI 48912
(517) 487-9539