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E-M:/ Michigan Environmental Council Capitol Update - 12/12/03

The Legislature is expected to finish work for the year this week.

Conference Committees

Two months and two week into the new fiscal year and permits to pollute are still free.  The conference committees on SB 252 and 560 took no action this week.

SB 252 - Water Pollution Discharge Fees - SB 252 - 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 as does nothing to insure more enforcement or pollution prevention. The provision that eliminates the Critical Materials Registry / Annual Wastewater Reporting program was removed.

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.  The bill now goes to the Senate for further action.



SB 780 -- Amends the local financing act to allow its use in two townships in Oakland County that want to develop a former gravel pit site.

HB 5270 -- Makes revisions to the brownfield revitalization loan fund under the Clean Michigan Initiative program -- designed to substitute for SB 806.

HB 4896 -- Repeals the sunset on the provision that allows the taking of falcons for falconry hunting.

Pending under messages from the House:

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

SB 805/ SB 806 - Earmarks Clean Michigan Initiative money for grants and loans to local units of government for brownfield redevelopment.

SB 557 - Establishes a moratorium on new landfill capacity -- with various exceptions

On the calendar:

HB 4480, HB 4481, HB 4482, HB 4483, HB 4484, and HB 4488 -  establishes land banks and delineates a procedure for clearing title on abandoned properties.

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.

HB 4914 - This bill creates a voluntary watercraft registration decal program and earmarks the funds for water improvement projects under the Great Lakes protection fund.

Committee action:

The Senate Agriculture Committee may take up SB 217 - amendments to the Drain Code -- the committee has not announced any meeting yet.



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.

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.

On the calendar:

The solid waste package was reported by the House Land Use and Environment Committee.  The Michigan Environmental Council supports the package except where noted:

HB 4297 - Bans cathode ray tubes from incinerators one year after the effective date of the bill.

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.

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.  The committee added three amendments:

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)  Another amendment was added 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 fro 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.

Other bill on the calendar:

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

HB 4729 -- Amends the statute controlling aquatic nuisances to enhance sanctions for violations.

HB 4730  -- Amends the statute controlling aquatic nuisances to deregulate the application of aquatic pesticides and extremely limited the reasons that the department could deny a permit.  Any permit not acted on within 15 days is granted.  The Michigan Environmental Council strongly opposes this bill.

HB 5158  -- Prohibits the possession or release of certain aquatic species and provides for penalties.

SB 214, SB 215, SB 226, SB 227, SB 228, SB 229 --  The bills deal with the issue of penalizing and criminalizing the release of non-native fish, and genetically modified or non-native organisms into the waters of the state

SB 535 and SB 536  -- Allows for the sale of Great Lakes specialty watercraft decals; earmark revenue to the Michigan Great Lakes protection fund.

HB 5154 -- changes the regulations regarding notification for the use of pesticides at schools and includes day care centers under certain provisions.

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

HB 4752  -- Provides for an adjustment to application fees for nonprofit entities for certain natural resource improvement projects.

HB 5194 -- Allows for the election of the directors of the conservation district by mail-in absentee ballot.

HB 4867 -- Prohibit by certain state agencies under certain circumstances the promulgation of rules prohibiting the carrying of concealed pistols on certain state land.

In Committee:

Local Government and Urban Policy will meet on Tuesday (12/16) at 9:00 AM to consider legislation on Manufactured Housing.

Transportation will meet on Wednesday (12/17) at 10:30 AM to take up the following bills:

HB 4757 -- Prohibits certain unfair methods of competition and pricing practices in the retail distribution of motor fuel

HB 4463 -- Creates a license plate for state-sponsored fund-raising registration plate for cancer awareness

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

Submitted by:

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