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Re: E-M:/ Everybody look what's going down



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Enviro-Mich message from Terry Lodge <tjlodge50@yahoo.com>
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  Regarding Kris Olsson's confusion and questions
about what the drain code bill contains, I think that
sometimes the best way to get questions answered about
complicated legislation is to read it yourself and not
rely on others' interpretations.

  H.B. 4803 is easily accessed through the Michigan
Legislation website, www.michiganlegislature.org.

   I found it at

www.michiganlegislature.org/isapi/nls_ax.dll/BillStatus?LegSession=1999-2000&DocType=HB&BillNum=4803

   By finding the actual legislation, you can track
its earlier history and find the actual bill, with
stricken language and new language indicated. Also,
the technical drafting unit for the Lege, the
Legislative Services Commission, provides a pretty
concise and dispassionate summary of the whole
legislation, by section.

   Don't be put off by the legal language. Some of it
is necessary, and some of it might be obscure by
design -- and you can make very pointed criticisms if
you think it masks problems.
 
--- Kristine Yvette Olsson <olssonk@umich.edu> wrote:
>
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> Enviro-Mich message from Kristine Yvette Olsson
> <olssonk@umich.edu>
>
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> 
> RE: the point you make below about HB4803:
> Is this a new thing or just an ability DC's have
> that HB 4803 doesn't
> address?
> 
> In all the postings on the Drain bill, it has been
> very difficult to get
> actual details on provisions in the bill that would
> change the current
> situation.
> 
> What do you think about the argument that at least
> HB4803 is addressing
> some of the issues.
> 
> Or, is HB4803 giving Drain Commissioners NEW powers
> to sidestep envt'l
> laws, etc.?
> 
> Confused,
> Kris Olsson
> 
> On Fri, 3 Dec 1999, Julie Stoneman wrote:
> 
> >
>
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> > Enviro-Mich message from Julie Stoneman
> <juliemec@voyager.net>
> >
>
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> > 
> > 
> > Here's MEC's take on one issue in HB 4803 (H-2)
> and why we can't support
> > it.  Legal decisions to undertake major drain
> work, even major work such as
> > construction of brand new drains or "improvements"
> on rivers and streams
> > that have been established as drains prior to
> 1973, can be made without
> > requiring any environmental analysis as part of
> that decision.  That
> > failure strikes at the heart of our fundamental
> position regarding public
> > participation in decisions that affect natural
> resources and the
> > environment.  No matter that environmental impacts
> are fleshed out later in
> > the process, by then it's too late if the legal
> decision has been made and
> > the appeals door is closed.  
> > 
> > 
> > 
> > 
> > 
> > 
> > At 02:00 PM 12/3/1999 +0100, Janis Bobrin wrote:
> >
>
>-------------------------------------------------------------------------
> > >Enviro-Mich message from jbobrin@bizserve.com
> (Janis Bobrin)
> >
>
>-------------------------------------------------------------------------
> > >
> > >While I very much appreciate Sue Julian's
> dedication to this issue, and to
> > >Michigan's waterways, the posting she has
> provided re. proposed revisions
> > >to the Michigan Drain Code is far from accurate. 
> While the bill is not
> > >perfect, for the first time it contains broad
> directives to drain
> > >commissioners regarding a new MANDATED
> responsibility to protect water
> > >quality and the environment, to mitigate and
> minimize environmental impacts
> > >of drain projects, and to look at
> alternatives....giving priority to
> > >detention and retention of storm water, over
> drainage and conveyence. There
> > >is indeed more public input into drain projects,
> and better public notice
> > >as well.
> > >
> > >As one of the co-authors of the watershed mmt.
> provision of the proposed
> > >revised code, I can state uncategorically that
> this is no "John Engler
> > >Strategy."  Watershed management cannot be
> mandated top-down; it must
> > >involve ALL of the local community leaders as
> well as ALL of the
> > >stakeholders in a watershed.  Watershed mmt is
> about engaging communities
> > >and citizens..... about changing land use
> practices, citizen stewardship,
> > >public education, and much more.  I encourage you
> to take the time to read
> > >the watershed mmt. section of the proposed drain
> code, wherein drain
> > >commissioners are simply one entity at the table,
> and cannot initiate or
> > >control the process, or determine if and how
> money is spent..
> > >
> > >I am not saying it's a perfect bill, but as a
> drain commissioner who knows
> > >the current law (and as a Michigan citizen who
> has worked on environmental
> > >issues for 25 years, chaired East Michigan
> Environmental Action Council,
> > >and currently chairs the Huron River Watershed
> Council) I AM SAYING THAT
> > >THE PROPOSED BILL IS A GREAT STEP IN THE RIGHT
> DIRECTION.  It gives me
> > >tools and authority to protect the environment
> that do not exist in the
> > >current law.
> > >
> > >I am available to discuss the proposed
> legislation with any one who would
> > >like to do so.  Phone # is (734)994.2525.  The
> best e-mail to use is not
> > >the one above (though it will work), but rather, 
> > >bobrinj@co.washtenaw.mi.us
> > >
> > >
> > >Janis Bobrin
> > >Washtenaw County Drain Commissioner
> > >P.O. Box 8645
> > >Ann Arbor, MI 48107-8645
> > >Phone: (734) 994.2525  Fax (734)994.2459
> > >E-mail: bobrinj@co.washtenaw.mi.us
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > >>X-Authentication-Warning:
> superior.great-lakes.net: majordom set sender to
> > >>owner-enviro-mich@great-lakes.net using -f
> > >>X-Sender: benj@mail.tir.com
> > >>X-Mailer: QUALCOMM Windows Eudora Light Version
> 3.0.6 (32)
> > >>Date: Mon, 29 Nov 1999 10:10:28 -0500
> > >>To: enviro-mich@great-lakes.net
> > >>From: Sue Julian <benj@tir.com>
> > >>Subject: E-M:/ Everybody look what's going down
> > >>Content-Type: text/plain; charset="us-ascii"
> > >>Sender: owner-enviro-mich@great-lakes.net
> > >>Precedence: bulk
> > >>Reply-To: Sue Julian <benj@tir.com>
> > >>List-Name: Enviro-Mich
> > >>X-UIDL: ee3134f9200c552ed6520737e6399124
> > >>
> >
>
>>-------------------------------------------------------------------------
> > >>Enviro-Mich message from Sue Julian
> <benj@tir.com>
> >
>
>>-------------------------------------------------------------------------
> > >>
> > >>This is for all of you with a memory that
> reaches back twenty to thirty
> > >>years, to a time when the water resources of
> Michigan were considered
> > >>important enough to pass the Inland Lakes and
> Streams Act and the Wetland
> > >>Protection Act.  And to the Milliken Era when
> the governor was almost
> > >>successful in transferring watershed management
> from the Department of
> > >>Agriculture to the DNR.  Well folks, the reverse
> is happening now.  This
> > >>governor is promoting HB 4803 which is scheduled
> for vote TOMORROW on the
> > >>House floor.
> > >>
> > >>"... Itis time we stop now, whatis that sound?
> Everybody look whatis going
> > >>down" (apologies to Buffalo Springfield)
> > >>
> > >>Remember the Michigan Environmental Code
> Commission and the shuffle of
> > >>statutes lumped together under NREPA that sent
> veteran environmentalists
> > >>scurrying to figure out the consequences of the
> re-write?  Itis happened
> > >>again.  The drain commissionersi association
> sponsored by the Department of
> 
=== message truncated ===

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