Bill Text: MI SB1058 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Agriculture; other; Michigan agriculture environmental assurance program; expand to include lands not utilized for traditional or production agriculture such as forest management. Amends secs. 8703, 8707, 8708 & 8709 of 1994 PA 451 (MCL 324.8703 et seq.). TIE BAR WITH: HB 4302'11, HB 4969'11, HB 4970'11, SB 1057'12, SB 1059'12, SB 1061'12, SB 1062'12
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2012-12-04 - Referred To Second Reading [SB1058 Detail]
Download: Michigan-2011-SB1058-Engrossed.html
SB-1058, As Passed Senate, September 20, 2012
SUBSTITUTE FOR
SENATE BILL NO. 1058
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 8703, 8707, 8708, and 8709 (MCL 324.8703,
324.8707, 324.8708, and 324.8709), as amended by 2011 PA 2.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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.
(2) "Environmental assurance advisory council" means the
environmental assurance advisory council established in section
8708.
(3) "Farm" means that term as it is defined in section 2 of
the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(4) "Farmer" means a person who owns or operates a farm.
(5) "Fertilizer" means a fertilizer as defined in part 85.
(6) "Fund" means the freshwater protection fund created in
section 8716.
(7) "General screening" means monitoring of groundwater for
the purpose of determining the presence and concentration of
analytes.
(8) "Groundwater" means underground water within the zone of
saturation.
(9) "MAEAP" or "Michigan agriculture environmental assurance
program" means the Michigan agriculture environmental assurance
program provided for in section 8710.
(10) "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 right to farm act, 1981 PA 93, MCL 286.471 to
286.474.
(g) Other standards considered appropriate by the director.
(11) "MAEAP-verified farm" means a farm determined by the
department as meeting applicable MAEAP standards through an on-site
evaluation.
(12) "Maximum contaminant level" means that term as it is
defined in title XIV of the public health service act, chapter 373,
88 Stat. 1660, and regulations promulgated under that act.
(13) "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.
(14) "Monitoring" means sampling and analysis to determine the
levels of pesticides or their breakdown products; fertilizers or
their residues; or other analytes as determined by the director.
Sec. 8707. (1) The director, in conjunction with Michigan
state university extension and the Michigan state university
agricultural experiment station, and in cooperation with the United
States department of agriculture natural resources conservation
service, the department of environmental quality, and other
professional and industry organizations, shall develop conservation
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, and other
persons the director considers appropriate, shall develop protocols
for voluntary on-site evaluations. The on-site evaluations shall 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 with 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 environmental
assurance advisory 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.
(c) The director of the Michigan state university extension.
(d) The director of the Michigan state university agricultural
experimentation station.
(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 and other agricultural organizations.
(v) Nongovernmental conservation and environmental
organizations.
(vi) Regulated agricultural industries.
(vii) A private consulting forester.
(viii) A member of the forest products industry.
(ix) A member of the logging profession.
(x) (vii) Other
persons as determined by the director.
(xi) (viii) A
member representing each regional environmental
assurance team established under section 8709.
(2) The environmental assurance advisory council shall be co-
chaired by the representative from Michigan state university
extension and a representative from 1 of the farmers and other
agricultural organizations.
(3) The environmental assurance advisory council shall advise
the director on, but not limited to, the following:
(a) MAEAP standards.
(b) On-site evaluations for verification of specific aspects
of a farming operation.
(c) Water quality and environmental monitoring.
(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 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 environmental assurance advisory 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 that outlines
activities, accomplishments, and emerging issues. The department
shall share this report with the agriculture community.
(c) Not later than September 30, 2014, submit to the director
a comprehensive report detailing program achievements under the
Michigan agricultural environmental assurance program.
(d) Not later than 1 year after the effective date of the 2012
amendatory act that amended this section, submit to the director a
recommendation for an assessment tool designed to assist landowners
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.
Areas of focus include, but are not limited to, all of the
following:
(i) Forest management for timber, habitat development, or both.
(ii) Wetland restoration development potential.
(iii) Habitat restoration development.
Sec. 8709. (1) The director may establish regional
environmental assurance teams composed of departmental,
educational, and technical assistance personnel, and other persons
as determined necessary by the director, or the team, or both for
implementation of programs developed under this part.
(2) The environmental assurance teams established under
subsection (1) are responsible for implementation of programs
developed under this part, including, but not limited to, all of
the following:
(a) Providing access to educational opportunities including
direct educational assistance and consulting programs;
demonstration projects; educational programs; and tours, workshops,
and conferences.
(b) Providing access to technical assistance related to any of
the following:
(i) On-site evaluation of practices that may impact natural
resources.
(ii) The development and implementation of conservation plans.
(iii) The development and implementation of activity plans for
persons making conservation practice changes.
(iv) On-site evaluation 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.
(c) Evaluating, as available, grants to persons implementing
activity plans and conservation practices required to achieve MAEAP
standards.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No. 1057.
(b) Senate Bill No. 1059.
(c) Senate Bill No. 1061.
(d) Senate Bill No. 1062.
(e) House Bill No. 4302.
(f) House Bill No. 4969.
(g) House Bill No. 4970.
