Bill Text: MI HB5002 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Environmental protection: funding; dam safety emergency response fund; create. Amends sec. 31525 of 1994 PA 451 (MCL 324.31525) & adds sec. 31521a.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-06-16 - Bill Electronically Reproduced 06/15/2021 [HB5002 Detail]
Download: Michigan-2021-HB5002-Introduced.html
HOUSE BILL NO. 5002
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 31525 (MCL 324.31525), as added by 1995 PA 59, and by adding section 31521a.
the people of the state of michigan enact:
Sec. 31521a. (1) The dam safety emergency response fund is created within the state treasury. The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund and credit to the fund interest and earnings from fund investments. Money in the fund at the close of the fiscal year remains in the fund and does not lapse to the general fund.
(2) For the fiscal year ending September 30, 2022, $15,000,000.00 from the state general fund must be deposited into the fund and is appropriated for activities necessary to address an imminent threat or significant risk associated with dams, including, but not limited to, investigations or evaluations under section 31518 and emergency actions under section 31521.
(3) As used in this subsection, "fund" means the dam safety emergency response fund created under subsection (1).
Sec. 31525. (1) The attorney general may commence a civil action for appropriate relief, including injunctive relief, upon on request of the department under section 31524.
(2) Any civil action under this section may be brought in the circuit court for the county of Ingham County or for the county in which the dam is located.
(3) In addition to any other relief granted under this section, the court may impose a civil fine of not more than $10,000.00 for each day of violation of this part, a rule promulgated under this part, or a permit issued under this part.
(4) A person found guilty of contempt of court for the violation of an order of the court shall be is subject to a civil fine not to exceed $10,000.00 for each day of violation.
(5) A person who that willfully or recklessly violates this part, a rule promulgated under this part, an order issued by the department, or a condition in a permit issued under this part, which and the violation places or may place a person in imminent danger of death or serious bodily injury or may cause serious property damage or serious damage to natural resources, or a person who that has knowledge of or is responsible for such a violation, is guilty of a misdemeanor , punishable by imprisonment for not more than 1 year or a fine of not less than $2,500.00 or more than $25,000.00 for each day of violation, or both. A person who that violates this section a second or subsequent time is guilty of a felony , punishable by imprisonment for not more than 2 years or a fine of not less than $10,000.00 for each day of violation, or both.
(6) A person required to obtain a permit for activity regulated under this part who that does not obtain that permit shall be fined not less than twice the fee charged for the appropriate permit application.
(7) In addition to the orders of compliance and penalties provided under this part, the court may order a person who that violates this part, a rule promulgated under this part, or a permit issued under this part to restore the site affected by the violation as nearly as practicable to its original condition. Restoration may include, but is not limited to, removing fill material deposited or replacing soil, sand, or minerals.
(8) The department may establish, by rule, a schedule of administrative monetary penalties for minor violations of this part, a rule promulgated under this part, a permit issued pursuant to under this part, or an order issued by the department pursuant to under this part.
(9) A civil or administrative fine collected under this section must be deposited in the dam safety emergency response fund created in section 31521a.
