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E-M:/ Michigan Environmental Council Capitol Update - 12/14/04 - End-of-year edition

That all for this year. 

Any legislation that did not pass will need to be reintroduced next year.  The Senate is scheduled to resume committee hearing Tuesday, January 18th, and session on Tuesday, January 25th.  The House has not posted its schedule for next year yet.

Bills that passed both chambers are will be sent to the Governor:

Regulation of sulfide mining:

HB 6243 - A bill to regulate nonferrous metallic mining and reclamation.  A workgroup of writing that rules that will fill in the critical details of this program will begin meetings in January. 

Flame retardants:

HB 4406
– A bill to phase-out of the use of certain flame retardants - poybrominated diphenyl ethers (PBDEs).  

SB 1458  - A bill to ban certain PBDEs from production and use in Michigan.

The bills phase-out two versions of PBDE's (penta-, octa-), but leaves the fate of the "deca-" version for later study and review. An alternative flame retardant has been given preliminary approval and will be subject to continuing testing. 

Affordable housing:

HB 4787  - A bill to establish in the Michigan State Housing Development Authority the Michigan Housing and Community Development program.

HB 4788 - A bill to create the Michigan Housing and Community Development fund to foster affordable housing. 

Constitution protection for conservation funds to go on 2006 ballot:

- A resolution to place before the voters in 2006 a constitutional provision to protect restricted funds related to conservation, recreation and game and fish activities from use for other purposes.

HB 5870 – A bill to implement a constitutional amendment (HJR Z) to create the Michigan conservation and recreation legacy fund and game and fish protection trust fund.

Contract zoning:

HB 6164 - A bill to allow a local municipality to enter into a contract with a private developer – this technique can be used to tie rezoning of a parcel to one specific proposal – which if doesn’t proceed allows the parcel to revert to its former designation.  

HB 6166
- This bill allows counties to enter into a contract with a private developer – see HB 6164 above.  

HB 6206 - This bill allows townships to enter into a contract with a private developer – see HB 6164 above

A separate enviro-mich posting by Brad Garmon (12/13) gives further details of these bills.

Lead paint:

SB 757 - This bill places penalties on landlords that fail to remediate known lead paint hazards in rental units. (House needs to vote on concurring with Senate amendments)

SB 753 – A bill to create a childhood lead poisoning prevention and control commission.

SB 756 – A bill to create a lead safe housing registry.


SB 790 – A bill to allow the Governor to establish a recycling advisory council (no funding allocated).

SB 854 - A bill to establish the Office of the Statewide Recycling Coordinator in statute (insufficient votes received first time - vote reconsidered and still pending before the House.

Other legislation sent to the Governor:

HB 5194 – A bill to allow for mail-in absentee ballot election for the directors of the conservation district.

HB 6295 - A bill to revise the land division act to allow nonjudicial process for extinguishing certain platted easements.

HB 5364
- A bill to prohibit reinstatement of driving privileges to owners of abandoned vehicles who fail to pay fines.

HB 5055 – A bill to restrict fees under certain circumstances under the soil erosion and sedimentation control.

SB 1416 - A bill to provide county level approval for subdivisions and require at board meeting comprised of each department involved.

SB 925 – A bill to revise regulation of and provide immunity from liability for prescribed burning.

SB 735 - A bill to allow posting of tourism directional signs on highways with certain local government approval.

SB 1432 – A bill to regulate the formation of watershed agencies.

SB 1148 – A bill to authorize military personnel to obtain hunting and fishing licenses from the Department of Natural Resources licensing agents for one dollar.

SB 1329 – A bill to allow the operation of snowmobiles on the right-of-way of limited access highways.

SB 1278 – A bill that regulates the operation of airboats.

SB 6036 -
Exempts from p
roperty tax property owned by a charitable organization for conservation purposes and open to the general public for recreational use.

Bills that did not pass:

HB 5942 - a bill to require that diesel fuel sold in Michigan should include 2% biodiesel.

HB 6235
- A bill to allow for grants from the scrap tires fund to fund capital expenditures. 

HB 6196 - A bill to prohibit the sale of thermostat devices containing mercury.

HB 6198
A bill to prohibit the sale or use of blood pressure recording devices that contain mercury.

HB 6314 a bill to allow utilities to use the right-a-way of limited access highways without the permission  of the local unit of government. This bill would reverse a Supreme Court decision which recognized the right of the City Of Lansing to veto a gasoline designed to pass around town following the path of I-96.

HB 4141 - A bill to establish allowable uses at road endings.  Discharged from committee, but insufficient votes received for passage.

HB 5441
– a bill to clarify when "feasible and prudent" alternatives should be considered to a project that will impact wetlands.  An amendment was added in committee regarding when the MDEQ must issue a permit that may jeopardize Michigan's delegation of the Clean Water Act - section 404 program. 

HB 4106
-- Provide for state real estate transfer tax on transfer of certain manufactured homes.

HB 4879 -- Provide for exemption from sales tax on used manufactured homes.

HB 4882 -- Eliminate use tax on manufactured home sales.

HB 5034 -- a bill to access mobile homes as real property (vote taken, insufficient votes, vote reconsidered and passed for the day - 8/4/04)

Support the Capitol Update:

People interested in making a charitable contribution to support this service and other provided by the Michigan Environmental Council can get more information at: www.mecprotects.org/SUPPORT.html

That's all folks......see you next year.

Submitted by:

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

"The most effective voice for the environment in Michigan"
                                                --Former Governor William G. Milliken