Bill Text: MI SB0494 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Agriculture: other; certain reporting requirements for environmental assurance advisory council and funding and standards for the MAEAP; modify, and extend water quality protection fee sunset. Amends secs. 8705, 8708, 8715 & 8716 of 1994 PA 451 (MCL 324.8705 et seq.).
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2021-12-29 - Assigned Pa 0123'21 With Immediate Effect [SB0494 Detail]
Download: Michigan-2021-SB0494-Introduced.html
SENATE BILL NO. 494
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 8201, 8202, 8203, 8206, 8207, 8702, 8703, 8705, 8707, 8708, 8710, 8715, 8716, 8801, and 8807 (MCL 324.8201, 324.8202, 324.8203, 324.8206, 324.8207, 324.8702, 324.8703, 324.8705, 324.8707, 324.8708, 324.8710, 324.8715, 324.8716, 324.8801, and 324.8807), sections 8201, 8202, 8203, and 8207 as added by 2001 PA 176, section 8206 as amended by 2018 PA 237, sections 8702, 8703, 8707, 8708, 8710, 8715, 8716, and 8807 as amended by 2015 PA 118, section 8705 as amended by 2011 PA 2, and section 8801 as amended by 2011 PA 1; and to repeal acts and parts of acts.
the people of the state of michigan enact:
Sec. 8201. As used in this part:
(a) "Analyte" or "analytes" means the material or materials that an analysis is designed to detect either qualitatively or quantitatively.
(b) "Confirmation mechanism" means a scientific process for the verification or detection of analytes in groundwater utilizing at least 2 separate water samples collected at time intervals of greater than 14 days from the same groundwater sampling point and analyzed by peer-reviewed and authenticated laboratory methodologies.
(c) (a) "Conservation easement" means that term as it is defined in section 2140.
(d) (b) "Conservation plan" means a plan approved by the department for all or a portion of a parcel of land that specifies the conservation practices to be undertaken and includes a schedule for implementation.
(e) (c) "Conservation practices" means practices, voluntarily implemented by the a landowner, that protect and conserve water quality, soil, natural features, wildlife, or other natural resources and that meet 1 or more of the following:
(i) The practices comply Comply with United States natural resource conservation service Department of Agriculture Natural Resources Conservation Service standards and specifications as approved by the department.
(ii) The practices are Are provided in rules promulgated by the department under this part.
(iii) The practices have Have been approved by the commission of agriculture and rural development.
(f) "Demonstration project" means a project designed to illustrate the implementation and impact of alternate conservation practices.
(g) (d) "Department" means the department of agriculture and rural development or its authorized representatives.
(h) "Determination" or "determine", unless the context requires otherwise, means a decision by the department that 1 or more conservation practices have been established and are being maintained in accordance with a conservation plan.
(i) "Envelope monitoring" means monitoring groundwater in areas adjacent to properties where groundwater is contaminated to determine the concentration and spatial distribution of a contaminant in an aquifer.
(j) (e) "Fund" means the agriculture pollution prevention fund created in section 8206.
(k) "General screening" means monitoring groundwater to determine the presence and concentration of an analyte.
(l) "Groundwater" means waters of the state as that term is defined in part 31, not including surface waters.
(m) "Landowner" means a person that holds title to or has contracted to purchase land in this state.
(n) "MAEAP" means the Michigan agriculture environmental assurance program provided for in section 8710.
(o) "MAEAP standards" means that term as defined in section 8703.
(p) "MAEAP-verified farm" means that term as defined in section 8703.
(q) "Method detection limit" means the minimum concentration of a substance that can be measured and reported with 99% confidence that the analyte concentration is greater than 0 and is determined from analysis for a sample in a given matrix that contains the analyte.
(r) "Monitoring" means sampling and analysis to determine the levels of any of the following:
(i) Pesticides or their breakdown products.
(ii) Fertilizers or their residues.
(iii) Any other analyte as determined by the department.
(s) "On-site evaluation" means a specific set of criteria used to voluntarily evaluate a farmer's property in determining environmental risks.
(t) "Pesticide" means that term as defined in section 8305.
(u) "Surface water" means waters of the state as that term is defined in part 31, not including groundwater.
(v) (f) "Verification" or "verify" means a determination the on-site evaluation performed by the department that 1 or more conservation practices have been established and are being maintained in accordance with a conservation plan.in accordance with the protocols adopted by the commission of agriculture and rural development to determine if MAEAP standards are met.
Sec. 8202. (1) The department may establish conservation programs designed to encourage the voluntary use of conservation practices in the this state.
(2) In implementing To implement the conservation programs established under this part, the department, in coordination with the departments of natural resources and environmental quality, environment, Great Lakes, and energy, may do 1 or more of the following:
(a) Enter into contracts with 1 or more persons for the implementation of to implement conservation practices on his or her the person's land.
(b) Enter into contracts or other agreements with 1 or more persons to administer or promote conservation programs, or to implement conservation practices.
(c) Provide payments, financial incentives, or, upon verification on determination of the implementation of conservation practices, reimbursement for rental payments or for costs of conservation practice implementation, or both.
(d) Promote the use of conservation practices.
(e) Recognize and provide awards for persons who that have implemented conservation practices.
(f) Monitor and verify determine compliance with conservation plans.
(g) Enforce contracts or other agreements entered into under this part.
(h) Terminate contracts or other agreements entered into under this part in accord accordance with the terms established in the contract or other agreement.
(3) In carrying To carry out its responsibilities under this part, the department shall coordinate with the departments of natural resources and environmental quality environment, Great Lakes, and energy and other applicable partners.
Sec. 8203. (1) As part of a conservation program established under this part, the department may provide for conservation practice verification. determination. Conservation practice verification determination may be granted to a person if all of the following conditions are met:
(a) The person has submitted submits a conservation plan in compliance with requirements of the department.
(b) The person has established establishes and is maintaining maintains all conservation practices provided for in the conservation plan, according to the conservation plan schedule.
(c) The person has agreed agrees to allow the department, after giving prior notice to the landowner, to conduct inspections of the applicable land and facilities.
(d) The department has conducted conducts an on-site inspection of the conservation practices and has determined determines that the person has established and is maintaining all conservation practices provided for in the conservation plan, according to the conservation plan schedule.
(2) If the department determines at any time that the conservation practices provided in a the conservation plan have not been established or are not being maintained, the department may revoke a person's conservation practice verification.determination.
(3) If a person's conservation practice verification determination is revoked, the person may be subject to penalties and repayment of all or a portion of the payments, financial incentives, land rental payments, and reimbursement of costs paid for implementation of the conservation practice according to the terms of the contract.
Sec. 8206. (1) The agriculture pollution prevention fund is created in the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund, including state and federal revenues, gifts, bequests, and other donations. The state treasurer shall direct the investment of the fund and shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund or in any account within the fund at the close of the fiscal year shall remain remains in the fund or account and shall does not lapse to the general fund. The department shall be is the administrator of the fund for auditing purposes.
(4) Money in the fund shall must be expended, upon appropriation, only for 1 or more of the following:
(a) For payments, financial incentives, cost-share, or reimbursement for rental payments for the implementation of to assist farmers and landowners with conservation, environmental risk reduction, and natural resource protection practices.
(b) For incentive and cost-share programs to assist farmers in achieving MAEAP standards.
(c) For incentive and cost-share programs for MAEAP-verified farms with potential sources of contamination on the property.
(d) For promoting MAEAP and activities to encourage more MAEAP-verified farms.
(e) (b) For payments required under contracts entered into under this part.
(f) (c) For the purchase of conservation easements.
(g) (d) For monitoring and enforcement of conservation easements.
(h) (e) For awards to participants in conservation programs established by the department under this part.
(i) (f) For the promotion of conservation programs established by the department under this part.
(j) For demonstration projects to implement conservation practices.
(k) For research projects on topics including 1 or more of the following management practices to protect natural resources:
(i) Soil health.
(ii) Conservation practices.
(iii) Nutrient management plans.
(iv) Pesticide use and integrated pest management.
(v) On-farm protection of water quality or natural resources.
(vi) Impediments to verification and improvements to MAEAP standards.
(vii) Economic research on costs and benefits or effective ways to incentivize implementation of conservation practices or natural resource protection activities.
(viii) Other topics approved by the department.
(l) For reducing nonpoint source pollution as identified by the department.
(m) For removal of potential sources of contamination.
(n) For emergency response and removal of potential sources of water contamination. Expenditures made under this subdivision must not exceed $15,000.00 per emergency response location.
(o) For providing alternate noncommunity supplies. As used in this subdivision, "noncommunity supplies" means that term as defined in section 2 of the safe drinking water act, 1976 PA 399, MCL 325.1002.
(p) For closure of wells that may impact groundwater, such as abandoned, improperly constructed, or drainage wells.
(q) For monitoring private well water for pesticides, fertilizers, and other contaminants.
(r) For the removal of soils and waters contaminated by pesticides and fertilizers as well as the land application of pesticides and fertilizers at agronomic rates.
(s) For water quality monitoring programs. The department, in conjunction with the department of environment, Great Lakes, and energy, the department of health and human services, and the environmental assurance advisory council created under section 8708, shall develop and establish priorities, procedures, and protocols to do all of the following:
(i) Provide general screening of groundwater or surface water, or both.
(ii) Determine the relative risk of groundwater contamination at different locations.
(iii) Perform envelope monitoring.
(iv) Promote voluntary water quality monitoring by farms.
(v) Monitor and benchmark the effectiveness of conservation practices and MAEAP standards in cooperation with participating farmers.
(vi) Notify affected well owners of their monitoring results from the monitoring conducted under this subdivision in a timely manner, including the method detection limits and associated relevant water quality standards developed under part 31 or the rules promulgated under part 31.
(vii) Provide for modifications of sampling density and analytes to reflect regional groundwater impact potential.
(viii) Conduct monitoring utilizing generally accepted scientific practices.
(ix) Establish a method detection limit goal for monitoring conducted under this subdivision set at 10% of a compound's associated relevant water quality standard developed under part 31 or the rules promulgated under part 31.
(t) To purchase land, easements, or rights in land for the protection of surface water or groundwater.
(5) The department shall promulgate rules to establish laboratory confirmation mechanisms and risk assessment protocols for the development of associated relevant water quality standards developed under part 31 or the rules promulgated under part 31.
(6) Water quality information collected by the department under this section must be aggregated and made available to the commission of agriculture and rural development and the department of environment, Great Lakes, and energy. Specific locations and the names of persons involved in the collection of water quality information under this section are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(7) Not more than 10% of the total annual appropriations from the fund may be used to monitor and benchmark the effectiveness of conservation practices and MAEAP standards in cooperation with participating farmers.
(8) (g) Not more than 20% of the annual appropriations from the fund may be used for the administrative costs of the department in implementing to implement this part. As used in this subdivision, subsection, administrative costs include, but are not limited to, costs incurred in doing 1 or more of the following:
(a) (i) Developing and implementing conservation programs.
(b) (ii) Managing payments and financial incentives.
(c) (iii) Monitoring and verifying determining the implementation of conservation practices and enforcing contracts or agreements concerning conservation practices.
(d) (iv) Coordinating conservation programs with the United States department Department of agriculture Agriculture and other state agencies with jurisdiction over conservation programs.
Sec. 8207. Any information voluntarily provided by a person in connection with the development, implementation, or verification determination of a conservation plan or conservation practices or verification of MAEAP standards under this part is confidential, is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and is not open to public inspection without the person's consent. Any such information that is released to a legislative body shall must not contain information that identifies a specific person. The exemption provided in this section does not extend to any documents, communication, data, reports, or other information required to be collected, maintained, or made available or reported to a regulatory agency or any other person by statute, rule, ordinance, permit, order, consent agreement, or as otherwise provided by law.
Sec. 8702. (1) "Activity plan" means a plan for a specific location that identifies all environmental risks and includes a time frame for implementation of conservation practices to address the environmental risks.
(1) (2) "Agronomic rate" means either of the following:
(a) For pesticides, the application of pesticide contaminated materials in such a manner as not to exceed the legal labeled rates.
(b) For fertilizers, the application of fertilizer contaminated materials at rates not to exceed those recommended by the Michigan State University Extension, taking all available sources of nutrients into account.
(2) (3) "Analyte" or "analytes" means the material or materials that an analysis is designed to detect either qualitatively or quantitatively.
(3) (4) "Conservation plan" means that term as it is defined in part 82.
(4) (5) "Conservation practices" means that term as it is defined in part 82.
(6) "Confirmation mechanism" means a scientific process for the verification of detection of analytes in groundwater utilizing at least 2 separate water samples collected at time intervals of greater than 14 days from the same groundwater sampling point and analyzed by peer reviewed and authenticated laboratory methodologies.
(5) (7) "Contaminant" means any pesticide or fertilizer originated chemical, radionuclide, ion, synthetic organic compound, microorganism, or other waste that does not occur naturally or that naturally occurs at a lower concentration than detected.
(6) (8) "Contamination" means the direct or indirect introduction into the environment of any contaminant caused in whole or in part by human activity.
(7) (9) "Council" means the environmental assurance advisory council created in section 8708.
(8) (10) "Demonstration project" means a project designed to illustrate the implementation and impact of alternate conservation practices.
(9) (11) "Department" means the department of agriculture and rural development.
(10) (12) "Director" means the director of the department or his or her designee.
Sec. 8703. (1) "Envelope monitoring" means monitoring of groundwater in areas adjacent to properties where groundwater is contaminated to determine the concentration and spatial distribution of the contaminant in the aquifer.
(1) (2) "Farm" means that term as it is defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(2) (3) "Farmer" means a person who that owns or operates a farm.
(3) (4) "Fertilizer" means a fertilizer that term as defined in part 85.
(4) (5) "Fund" means the freshwater protection fund created in section 8716.
(6) "General screening" means monitoring of groundwater for the purpose of determining the presence and concentration of analytes.
(5) (7) "Groundwater" means underground water within the zone of saturation.waters of the state as that term is defined in part 31, not including surface water.
(6) "Landowner" means a person that holds title to or has contracted to purchase land in this state.
(7) (8) "MAEAP" or "Michigan agriculture environmental assurance program" means the Michigan agriculture environmental assurance program provided for in section 8710.
(8) (9) "MAEAP standards" means all of the following as adopted by the commission of agriculture and rural development for the purpose of implementing the Michigan agriculture environmental assurance program:
(a) Conservation practices.
(b) Site-specific nutrient management plan requirements.
(c) Emergency protocols.
(d) Completed environmental risk and benefit assessments.
(e) United States Department of Agriculture Natural Resources Conservation Service practice standards.
(f) Generally accepted agricultural and management practices developed under the Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474.
(g) Other standards considered appropriate by the director.
(9) (10) "MAEAP-verified farm" means a farm that meets applicable MAEAP standards as determined by the department as meeting applicable MAEAP standards through an on-site evaluation.
(12) "Method detection limit" means the minimum concentration of a substance that can be measured and reported with 99% confidence that the analyte concentration is greater than 0 and is determined from analysis of a sample in a given matrix that contains the analyte.
(11) (13) "Monitoring" means sampling and analysis to determine the levels of pesticides the levels of any of the following:
(a) Pesticides or their breakdown products. ; fertilizers
(b) Fertilizers or their residues. ; or other analytes
(c) Any other analyte as determined by the director.
Sec. 8705. (1) "Registrant" means that term as it is defined in part 83.
(2) "Restricted use pesticide" means that term as it is defined in part 83.
(3) "Site-specific nutrient management plan" means a plan designed to assist farmers in achieving MAEAP standards that includes both of the following:
(a) Conservation practices and nutrient management activities that, when implemented as part of a conservation system, will help to ensure that both production and natural resources protection goals are achieved.
(b) Proposed actions to address soil erosion, manure, and organic by-products and their potential impact on water quality.
(4) "Specialty pesticide" means a disinfectant, sanitizer, germicide, biocide, or other pesticide labeled solely for use directly on humans or pets, or other pesticides labeled solely for use in areas associated with the household or home life including garden and ornamental uses or on institutional or industrial premises, but excludes pesticides labeled for use on rights-of-way, or other outdoor wide-area treatments.
(5) "State management plan" means a plan for the protection of groundwater as required by the United States environmental protection agency's Environmental Protection Agency's labeling requirements for pesticides and devices pursuant to under 40 CFR part 156.
(6) "Surface water" means waters of the state as that term is defined in part 31, not including groundwater.
(7) (6) "Technical assistance" means direct on-site assistance provided to individuals that is designed to achieve MAEAP standards.
(8) (7) "Use" means the loading, mixing, applying, storing, transporting, or disposing of a pesticide or fertilizer.
(9) (8) "Verification" or "verify" means the on-site evaluation performed by the department in accordance with the protocols adopted by the commission of agriculture and rural development to determine if MAEAP standards have been are met.
(9) "Water monitoring" means monitoring of water in areas adjacent to properties to determine the concentration and spatial distribution of contaminants.
Sec. 8707. (1) The director, in conjunction with Michigan State University Extension and Michigan State University AgBioResearch, and in cooperation with the United States Department of Agriculture Natural Resources Conservation Service, the department of environmental quality, environment, Great Lakes, and energy, and other professional and industry organizations, shall develop conservation and environmental risk reduction practices for approval by the commission of agriculture and rural development and, upon approval, shall promote their implementation.
(2) The director, in conjunction with Michigan State University, the department of environmental quality, environment, Great Lakes, and energy, and other persons the director considers appropriate, shall develop protocols for voluntary on-site evaluations. The on-site evaluations shall must be designed to do all of the following:
(a) Provide farmers with the ability to voluntarily determine the relative risk of current practices in relation to sources of contamination.
(b) Provide farmers with the ability to determine the degree to which farm operations are in accord accordance with the MAEAP standards and applicable law.
(c) Prioritize operational changes on farms to protect groundwater and surface waters from sources of contamination.
(d) Guide farmers to appropriate technical and educational materials.
(e) Provide farmers with the opportunity for verification.
(f) Provide landowners with the ability to voluntarily assess the value of managing areas of the land that are not utilized for traditional or production agriculture practices for environmental, ecological, and economic benefits.
(3) The director, in conjunction with the council, shall review and evaluate the effectiveness of conservation practices approved under subsection (1).
Sec. 8708. (1) The director shall establish an environmental assurance advisory council composed of all of the following:
(a) The director of the department of agriculture and rural development.
(b) The director of the department of environmental quality.environment, Great Lakes, and energy.
(c) The director of the Michigan State University Extension.
(d) The director of the Michigan State University AgBioResearch.
(e) Representatives of all of the following as appointed by the director to serve terms of 3 years:
(i) The United States Department of Agriculture - Farm Service Agency.
(ii) The United States Department of Agriculture Natural Resources Conservation Service.
(iii) Conservation districts.
(iv) Farmers, statewide agricultural organizations, and other agricultural organizations.
(v) Nongovernmental conservation and environmental organizations.
(vi) Regulated agricultural Agricultural industries.
(vii) A private consulting forester.
(viii) A member of the forest products industry.
(ix) A member of the logging profession.
(x) Other persons as determined by the director.
(xi) A member representing each regional environmental assurance team established under section 8709.
(2) The council shall be co-chaired by the representative from Michigan State University Extension and a representative from 1 of the farmers and other statewide agricultural organizations.
(3) The council shall advise the director on topics including, but not limited to, all of the following:
(a) MAEAP standards.
(b) On-site evaluations for verification of specific aspects of a farming operation.
(c) Water quality and environmental monitoring.as identified in part 82.
(d) Protocols for verification and revocation of verification.
(e) MAEAP activities.
(f) Interagency coordination of conservation programs.
(g) The use of money in the clean water fund created in section 8807, the agriculture pollution prevention fund created in section 8206, and other funding sources to promote MAEAP and activities to encourage more MAEAP-verified farms.
(h) Options to increase assistance to assist small- and medium-sized farms in achieving MAEAP standards.
(i) The creation of subcommittees as needed to address emerging and ongoing issues.
(j) On-site evaluations of potential environmental, ecological, and economic benefits that can be realized by managing areas of the land that are not utilized for traditional or production agriculture practices.
(4) The council shall do all of the following:
(a) Annually provide recommendations to the director on MAEAP standards and protocols for verification and revocation of verification for consideration by the commission of agriculture and rural development.
(b) Annually submit a report to the department and the legislature that outlines activities, accomplishments, and emerging issues. The department shall share this the report with the agriculture community.
(c) Provide recommendations to the director on the creation of a tiered recognition program for farms working toward MAEAP verification. To qualify for the recognition program, farmers must have completed educational programs, conducted appropriate farm assessments, and implemented conservation practices as approved by the director. The tiers recognition program may be used to recognize a farm's movement progress toward MAEAP verification.
(d) Provide Beginning April 1, 2022, provide biannual recommendations to the director and the legislature on incentives and program modifications to increase participation in MAEAP.
(e) Annually provide recommendations to the director on funding for research projects that address impediments to verification and improve MAEAP practice standards.authorized under section 8206.
Sec. 8710. (1) The director, in consultation with the council, shall implement a Michigan agriculture environmental assurance program designed to promote natural resources conservation through education, technical assistance, and verification. The MAEAP shall be is a voluntary program that is available to all farms throughout the in this state.
(2) A farmer who desires to have his or her farm MAEAP-verified shall do all of the following:
(a) Complete educational requirements authorized by the department.
(b) Develop and implement 1 or more conservation plans as approved by the director.
(c) Upon completion of subdivisions (a) and (b), contact the department to arrange for an on-site evaluation.
(3) If the department conducts an on-site evaluation and determines that a farm is meeting MAEAP standards, the department shall issue a MAEAP verification. A MAEAP verification that is in effect on September 30, 2015 is valid for 5 years from the original issue date. Beginning October 1, 2015, a new MAEAP verification or reverification is valid for 5 years.
(4) A farm is eligible for reverification if the department determines it that the farm is meeting MAEAP standards through an on-site evaluation conducted by the department or its designee.
(5) The department shall provide MAEAP verification signs to each MAEAP-verified farm.
(6) A farm that allows its verification to lapse or whose verification is revoked under subsection (7) shall forfeit its verification sign and all other benefits that are provided to MAEAP-verified farms under this act.
(7) The director may revoke verification of a MAEAP-verified farm if any of the following apply:
(a) The department, in consultation with the department of environmental quality, environment, Great Lakes, and energy, determines with scientific evidence provided by water quality data that the MAEAP-verified farm caused an exceedance of water quality standards as a result of nonconformance with MAEAP standards.
(b) The MAEAP-verified farm fails to conform to MAEAP standards as a result of gross negligence.
(c) The MAEAP-verified farm fails to comply with protocols for verification as approved by the commission of agriculture and rural development.
(d) Upon advice from the interagency technical review panel provided for in subsection (11), the director determines that the MAEAP-verified farm is responsible for a pattern of repeated violations of environmental laws, rules, regulations, permit conditions, settlement agreements, orders of consent, or judicial orders that were due to separate and distinct events.
(8) A farmer is not liable for groundwater or surface water contamination on a MAEAP-verified farm for activities on the MAEAP-verified farm unless he or she was grossly negligent, or in violation of state or federal law, or failed to comply with the MAEAP standards. This part does not modify or limit any obligation, responsibility, or liability imposed by any other provision of state law.
(9) The department shall establish a MAEAP grants program. Grants issued under the MAEAP grants program are limited to availability of funds collected pursuant to under this part. Grants shall must be available for all of the following:
(a) Technical assistance.
(b) Promotion of the MAEAP.
(c) Educational programs related to the MAEAP.
(d) Demonstration projects to implement conservation practices.
(e) Removal of potential sources of contamination.
(e) (f) Other purposes considered appropriate by the director.
(10) Following review of the proposed tiered recognition program submitted to the director by the council under section 8708, the director shall approve and implement a tiered recognition program. As part of the tiered recognition program, the department shall provide a certificate of progress to a farm participating that participates in the MAEAP. recognizing each time a new tier is achieved. The certificate of progress shall must summarize conservation practices implemented by the farm and the environmental impacts of the implemented conservation practices. The certificate of progress shall must recognize the farm for its achievement and encourage the farm to complete the remaining conservation practices necessary for verification. A certificate of progress is valid for 5 years from the date of mailing. Upon written confirmation by the farmer and the MAEAP technician updating any new conservation practices and confirming that all previous applicable conservation practices are still being implemented, the department shall reissue a certificate of progress for additional 5-year periods, as appropriate, until the farm becomes MAEAP-verified in the applicable system or the farmer ceases implementation of the conservation practices. Information collected under this section is not subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(11) The department and the department of environmental quality environment, Great Lakes, and energy shall enter into a memorandum of understanding to formalize a commitment to promote the MAEAP and to clarify the application of state and federal environmental laws to farms. In addition, the memorandum of understanding shall must provide for all of the following:
(a) An ongoing interagency technical review panel for MAEAP-verified farms that discharge in violation of state or federal law to determine enforcement action.
(b) Preference for funding for nonpoint source pollution – funds for farms seeking MAEAP verification.
(c) Considerations for reverification of a farm with revoked MAEAP verification status.
(d) Integration of the MAEAP into pollution prevention activities of both agencies.
(e) Clarification of the consultation process in part 88 to ensure that the department of agriculture and rural development has meaningful input into the establishment of the MAEAP grants program under subsection (9) and the issuance of grants under the MAEAP grants program.
(12) Beginning December 1, 2016 and every December 1 thereafter, the department shall publish a report on the MAEAP that includes, but is not limited to, all of the following:
(a) County and statewide totals for the previous fiscal year of all of the following:
(i) Conservation practices implemented.
(ii) Environmental impacts of conservation practices implemented.
(iii) Number of new verifications and reverifications.
(iv) Number of unique farms verified.
(v) Number of farms in tiered the recognition system.program.
(vi) Total area and percentage of this state's farmland involved.
(b) County and statewide program to-date totals of all of the following:
(i) Conservation practices implemented.
(ii) Environmental impacts of conservation practices implemented.
(iii) Number of new verifications and reverifications.
(iv) Number of unique farms verified.
(v) Number of farms in tiered the recognition system.program.
(vi) Total area and percentage of this state's farmland involved.
(c) A summary of educational and MAEAP verification standards changes for each system tool and an overview of the reasons for the changes.
(d) A summary of each system subcommittee's work beyond the standards changes, including identification of ongoing and emerging issues.
(13) The department shall make available a consent form for completion by farmers implementing conservation practices that includes both of the following:
(a) Permission for the department to associate the farmer's name, farm location, and mailing address with conservation practices implemented on that farm.
(b) A statement by the farmer that conservation practices being implemented on the farm are for the purpose of working toward MAEAP verification.
(14) The department shall provide for the consent forms described in subsection (13) to be authenticated. The department may use a completed consent form in the recognition program described in subsection (10). Information collected under this subsection is not subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
Sec. 8715. (1) In addition to the fees provided for in part 83, a registrant shall pay an annual water quality protection fee for each product to be registered. The water quality protection fee is $270.00 per product. The water quality protection fee is due in the office of the director before July 1.
(2) An A registrant shall pay an additional late fee of $100.00 shall be paid by the registrant for each pesticide if the pesticide registration is a renewal registration and the water quality protection fee is received by the department after June 30.
(3) A person required to pay a specialty fertilizer or soil conditioner registration fee under section 8505 shall pay an additional $100.00 water quality protection fee for each brand and product name of each grade registered.
(4) All Beginning January 1, 2016, all fertilizer manufacturers or distributors licensed under part 85, except specialty fertilizer and soil conditioner registrants, shall pay the following:
(a) Until December 31, 2015, a water quality protection fee of 1-1/2 cents per percent of nitrogen in the fertilizer for each ton of fertilizer sold.
(b) Beginning January 1, 2016, $.0005 per pound of fertilizer sold.
(5) The fees collected under this part, including any interest or dividends earned, shall must be transmitted to the state treasurer, who shall credit the money received to the fund.
(6) Upon the expenditure or appropriation of money raised in this section for any purpose other than those specifically listed in this part, authorization to collect fees in this section shall must be suspended until the money expended or appropriated for purposes other than those listed in this part are returned to the fund.
(7) The department may audit, or may contract for audits, of records that are the basis for fees levied under this section.
(8) This section is repealed December 31, 2021.2026.
Sec. 8716. (1) The freshwater protection fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund, including general fund general purpose appropriations, gifts, grants, and bequests. The director shall annually seek matching general fund general purpose appropriations in amounts equal to the water quality protection fees collected under section 8715 that are deposited into the fund pursuant to under this part. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall remain remains in the fund and shall does not lapse to the general fund.
(4) The department shall be the administrator of the fund for auditing purposes.
(5) The department shall expend money from the fund, upon appropriation, only for 1 or more of the following purposes:
(a) Direct assistance.
(b) Indirect assistance.
(c) Emergency response and removal of potential sources of water contamination. Expenditures pursuant to this subdivision shall not exceed $15,000.00 per location.
(c) (d) Natural resources protection.
(d) (e) Administrative costs. Expenditures pursuant to under this subdivision shall must not exceed 20% of the annual appropriations from the fund.
(6) The department shall establish criteria and procedures for approving proposed expenditures from the fund.
(7) Notwithstanding section 8715, if at the close of any fiscal year the amount of money in the fund exceeds $5,000,000.00, the department shall not collect water quality protection fees for the following year. After the water quality protection fees have been suspended under this subsection, the fees shall must only be reinstated if, at the close of any succeeding fiscal year, the amount of money in the fund is less than $2,000,000.00.
(8) The Before November 1 of each year, the department of treasury shall , before November 1 of each year, notify the department of the balance in the fund at the close of the preceding fiscal year.
(9) As used in this section:
(a) "Administrative costs" includes, but is not limited to, costs incurred during any of the following:
(i) Groundwater monitoring for pesticides and fertilizers.
(ii) Development and enforcement of natural resources protection rules.
(i) (iii) Coordination of programs under this part with the United States Environmental Protection Agency and other state programs with environmental protection responsibilities.
(ii) (iv) Coordination of programs under this part with the United States Department of Agriculture Natural Resources Conservation Service and state programs with nonpoint source pollution prevention and conservation practice responsibilities.
(iii) (v) Management of pesticide sales information.
(iv) Training of staff to improve their ability to assist farmers with MAEAP standards and verification.
(b) "Direct assistance" includes, but is not limited to, programs that will provide for any of the following:
(i) Provision of alternate noncommunity water supplies.
(ii) Closure of wells that may impact groundwater, such as abandoned, improperly constructed, or drainage wells.
(i) (iii) The environmentally sound disposal or recycling of specialty pesticide containers.
(ii) (iv) The environmentally sound disposal or recycling of nonspecialty pesticide containers.
(iii) (v) Specialty and nonspecialty pesticide disposal programs.
(iv) (vi) Programs devoted to integrated natural resources conservation that encourage the judicious use of pesticides and fertilizers and other agricultural inputs and practices that are protective of water quality through targeted systems approach to management decisions.
(vii) Incentive and cost share programs to assist farmers in achieving MAEAP standards.
(viii) Incentive and cost share programs for MAEAP-verified farms with potential sources of contamination on their property.
(ix) Monitoring of private well water for pesticides, fertilizers, and other contaminants.
(x) Removal of soils and waters contaminated by pesticides and fertilizers and the land application of those materials at agronomic rates.
(v) (xi) MAEAP grants pursuant to under section 8710.
(vi) (xii) Programs that enhance investment of private and federal funds in conservation.
(vii) (xiii) Verification.
(viii) (xiv) Other programs established pursuant to under this part.
(ix) Technical assistance programs.
(x) The implementation of on-site evaluation systems, conservation practices, and the MAEAP.
(c) "Indirect assistance" includes, but is not limited to, programs that will provide for any of the following:
(i) Public education and demonstration programs on specialty pesticide container recycling and environmentally sound disposal methods.
(ii) Educational programs.
(iii) Technical assistance programs.
(iii) (iv) The promotion and implementation of on-site evaluation systems, conservation practices, and the MAEAP.
(iv) (v) Research programs.
(d) "Natural resource protection" includes programs that will provide for either of the following:
(i) Development of conservation practices and MAEAP standards to protect groundwater and surface water under section 8707.
(ii) Development of ways to assist the value of managing areas of land that are not utilized for traditional or production agriculture practices for environmental, ecological, and economic benefits under section 8707.
Sec. 8801. As used in this part:
(a) "Department" means the department of environmental quality.environment, Great Lakes, and energy.
(b) "Director" means the director of the department.
(c) "Fund" means the clean water fund created in section 8807.
(d) "Grant" means a nonpoint source pollution prevention and control grant or a wellhead protection grant under this part.
(e) "Groundwater" means waters of the state as that term is defined in part 31, not including surface water.
(f) (e) "Local unit of government" means a any of the following:
(i) A county, city, village, or township, or an agency of a county, city, village, or township. ; the
(ii) The office of a county drain commissioner. ; a
(iii) A soil conservation district established under part 93. ; a
(iv) A watershed council. ; a
(v) A local health department as that term is defined in section 1105 of the public health code, 1978 PA 368, MCL 333.1105. ; or an
(vi) An authority or any other public body created by or pursuant to state law.
(g) (f) "MAEAP" means the Michigan agriculture environmental assurance program as that term is defined provided for in part 87.section 8710.
(h) (g) "MAEAP-verified farm" means that term as it is defined in part 87.section 8703.
(i) (h) "Nonpoint source pollution" means water pollution from diffuse sources, including runoff from precipitation or snowmelt contaminated through contact with pollutants in the soil or on other surfaces and either infiltrating into the groundwater or being discharged to surface waters, or runoff or wind causing erosion of soil into surface waters.
(j) "Surface water" means waters of the state as that term is defined in part 31. Surface water does not include groundwater.
Sec. 8807. (1) The clean water fund is created within the state treasury.
(2) 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.
(3) Money in the fund at the close of the fiscal year shall remain remains in the fund and shall does not lapse to the general fund.
(4) Except as otherwise provided in this section, the department, in consultation with the department of agriculture and rural development, shall expend money in the fund, upon appropriation, for any of the following:
(a) To implement the programs described in the department's document entitled "A Strategic Environmental Quality Monitoring Program for Michigan's Surface Waters", dated January 1997. "Michigan Surface Water Monitoring Strategy Update 2017". In implementing these programs, the department may contract with any person.
(b) Not more than $100,000.00 of the total annual appropriations from the fund to monitor and benchmark the effectiveness of conservation practices and MAEAP standards in cooperation with participating farmers.
(c) Promotion of MAEAP and activities to encourage more MAEAP-verified farms.
(b) (d) Water pollution control activities.
(c) (e) Wellhead protection activities.
(d) (f) Storm water treatment projects and activities.
(e) Not less than 10% of the total annual funds received in the clean water fund shall be deposited into the agricultural pollution prevention fund created in section 8206.
(5) Money in the fund shall not be expended for combined sewer overflow corrections.
(6) Money in the fund shall not be expended until rules are promulgated under section 8808.
Enacting section 1. Sections 8709, 8713, and 8713a of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8709, 324.8713, and 324.8713a, are repealed.
