Published in Michigan Environmental Law Journal, Spring 2018, Vol. 36, No. 1, Issue 104 [view full issue].
Cite: 36 Mich Env Law J 1 (2018)
The status and details of the bills described below can be found on the Michigan Legislature’s website.
Senate Bill 652
SB 652 proposes to establish an Environmental Rules Review Committee.
Passed the Senate; recommended by the House Committee on Natural Resources, and presently in the House Committee on Michigan Competitiveness.
Senate Bill 653
SB 653 proposes to establish an Appeals Board comprised of engineers, geologists, hydrologists, and hydrogeologists to review MDEQ permit decisions. The Appeal Board’s decision would become part of the final decision of the MDEQ.
Passed the Senate; recommended by the House Committee on Natural Resources, and presently in the House Committee on Michigan Competitiveness.
Senate Bill 654
SB 654 proposes to establish an Environmental Science Advisory Board.
Passed the Senate; recommended by the House Committee on Natural Resources, and presently in the House Committee on Michigan Competitiveness.
Senate Bill 129, now Public Act 40 ’17, codified at MCL 324.63415
SB 129 added Part 634 to the Natural Resources and Environmental Protection Act (NREPA) to establish a separate regulatory program for small native (in its elemental form) copper mining operations because these operations to do not attract large mining operations or implicate the same environmental concerns as nonferrous metallic minerals.
Senate Bill 402, now Public Act 147 ’17, codified at MCL 324.5204e
SB 402 amended Part 52 of the NREPA to increase the financial cap on a grant program used to fund municipal nonpoint source pollution control measures. Case reference: Department of Environmental Quality v Township of Worth, 491 Mich 227 (2012).
Senate Bill 409, now Public Act 18 ’17, codified at MCL 324.32505, 324.32511
SB 409 amended Part 325 of the NREPA to allow MDEQ, after finding that the public trust in the waters of the Great Lakes will not be impaired or substantially affected, to enter into agreements to lease (or deed unpatented) Great Lakes bottomlands belonging to or held in trust by the State for use by the owners of waterfront property, occupied for single-family residential purposes. The MDEQ has discretion to determine the appropriate leasing fee, which is credited to the Land and Water Management Permit Fee Fund.
House Bill 4123
HB 4123 modifies the NREPA to require that remedial actions meet the cleanup criteria for unrestricted residential use and the state drinking water standard as contained in the Safe Drinking Water Act MCL 325.1002, unless technically infeasible.
Referred to the Committee on Natural Resources in January 2017.
House Bill 4175
HB 4175 proposes to establish a Drinking Water Emergency Loan Fund which would allow for the owner or operator of a public water supply to apply for an emergency loan for the remediation of contaminated drinking water or to alleviate a threat of contamination. “Threat of contamination” means a condition that prevents a public water supply from supplying adequate quantities of potable water that is in compliance with state drinking water standards to its water users. The loan may not exceed $25,000 and must be repaid within 12 months.
Referred to the Committee on Natural Resources in February 2017.
House Bill 4977
HB 4977 proposes to require school board officials to conduct an environmental assessment to identify and eliminate environmental hazards before building a school or acquiring a site for a school.
Referred to the Committee on Education Reform in September 2017.
House Bill 5116
HB 5116 proposes to require companies who have violated the Clean Air Act to pay into a fund in order to finance air quality improvement projects in the communities impacted by their violations.
Referred to the Committee on Natural Resources in October 2017.
House Bill 5406
HB 5406 proposes to establish the Water Asset Management Council to review annual reports from each drinking water, wastewater, and storm water agency and asset owner regarding how its capital improvement plans are meeting its investment goals.
Recommended by Committee on Transportation and Infrastructure; passed by House, presently in the Senate Committee on Transportation
House Bills 5607-08, 5594-97 “The Asbestos Bills”
This package of House bills implements various measures to improve oversight of asbestos remediation.
Referred to the Committee on Natural Resources in February 2018.
House Bill 5657
HB 5657 proposes to add Part 4 to the NREPA. Part 4 would establish that the natural resources of Michigan, including groundwater, are held in the public trust by the State. Part 4 would also require the MDEQ to manage the waters to ensure the protection of the public trust interest in the waters of the State and provide the attorney general with the authority to maintain an action to remedy injury to the public trust interest in the quality or quantity of the waters of the State.
Referred to the Committee on Natural Resources in February 2018.
House Bill 5861-64 “The Energy Freedom Bills”
This package of House bills proposes to restore fair-value pricing for renewable energy sold back to utility companies. For more on this group of bills, see recent press release.
Referred to the Committee on Energy Policy in April 2018.
Have thoughts on any of the above pieces of legislation?
Share them in a viewpoint article in the next issue of MELJ by submitting a draft to ajurban@umich.edu.
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