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.