Bill Text: MI HB5923 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Environmental protection; funding; sewage overflow cleanup fund; create, and capitalize with charges imposed on local units discharging sewage. Amends sec. 3103 of 1994 PA 451 (MCL 324.3103) & adds sec. 3112d.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2016-09-22 - Bill Electronically Reproduced 09/21/2016 [HB5923 Detail]

Download: Michigan-2015-HB5923-Introduced.html

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HOUSE BILL No. 5923

 

 

September 21, 2016, Introduced by Reps. Forlini and Lucido and referred to the Committee on Appropriations.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 3103 (MCL 324.3103), as amended by 2005 PA 33,

 

and by adding section 3112d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3103. (1) The department shall protect and conserve the

 

water resources of the this state and shall have control of the

 

pollution of surface or underground waters of the this state and

 

the Great Lakes, which are or may be affected by waste disposal of

 

any person. The department may make or cause to be made surveys,

 

studies, and investigations of the uses of waters of the state,

 

both surface and underground, and cooperate with other governments

 

and governmental units and agencies in making the surveys, studies,

and investigations. The department shall assist in an advisory

 

capacity a flood control district that may be authorized by the

 

legislature. The department, in the public interest, shall appear

 

and present evidence, reports, and other testimony during the

 

hearings involving the creation and organization of flood control

 

districts. The department shall advise and consult with the

 

legislature on the obligation of the this state to participate in

 

the costs of construction and maintenance as provided for in the

 

official plans of a flood control district or intercounty drainage

 

district.

 

     (2) The department shall enforce this part and may promulgate

 

rules as it considers necessary to carry out its duties under this

 

part. However, notwithstanding any rule-promulgation authority that

 

is provided in this part, except for rules authorized under section

 

sections 3112(6) and 3112d, the department shall not promulgate any

 

additional rules under this part after December 31, 2006.

 

     (3) The department may promulgate rules and take other actions

 

as may be necessary to comply with the federal water pollution

 

control act, 33 USC 1251 to 1387, 1376, and to expend funds

 

available under such that law for extension or improvement of the

 

state or interstate program for prevention and control of water

 

pollution. This part shall not be construed as authorizing does not

 

authorize the department to expend or to incur any obligation to

 

expend any state funds for such purpose in excess of any amount

 

that is appropriated by the legislature.

 

     (4) Notwithstanding the limitations on rule promulgation under

 

subsection (2), rules promulgated under this part before January 1,

2007 shall remain in effect unless rescinded.

 

     Sec. 3112d. (1) An entity responsible for a discharge of

 

untreated or partially treated sewage from a sewer system into the

 

waters of this state during 2017 or any subsequent year, as

 

indicated by the list maintained by the department under section

 

3112c, shall, by February 1 of the following year, make a payment

 

to the department. The amount of the payment shall be calculated by

 

multiplying the volume of the discharges by an amount equal to 5

 

times the highest fee charged by the entity for treating sewage

 

during the calendar year of the discharges. The department shall

 

deposit the payment in the sewage overflow cleanup fund created

 

under subsection (4).

 

     (2) The department may request the attorney general to

 

commence an action to recover a payment due under subsection (1).

 

     (3) A payment under subsection (1) is in addition to any fine

 

imposed under this part.

 

     (4) The sewage overflow cleanup 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. The state

 

treasurer shall credit to the fund interest and earnings from fund

 

investments. Money in the fund at the close of the fiscal year

 

shall remain in the fund and shall not lapse to the general fund.

 

     (5) The department shall be the administrator of the fund for

 

auditing purposes. The department shall expend money from the fund,

 

upon appropriation, only for grants to local units of government

 

whose jurisdiction includes or adjoins surface waters that may have

been affected by a discharge subject to subsection (1). The grants

 

shall be used for the purpose of cleaning up materials contaminated

 

by pollutants with human DNA markers.

 

     (6) The department shall do all of the following:

 

     (a) Promulgate rules necessary to implement the grant program

 

provided in this section.

 

     (b) Publicize the availability of grants under this section in

 

a manner calculated to give notice to local units of government

 

likely to be interested in the grants.

 

     (c) Provide information regarding grants available under this

 

part and application forms for grants upon request.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.