February 16, 2006, Introduced by Reps. Proos, Baxter, Booher, Hansen, Pavlov, Emmons, Huizenga, Newell, Stahl, Garfield, Mortimer, Nitz, Casperson, Hune, Meyer, Ball, Mayes and Vander Veen and referred to the Committee on Agriculture.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding part 86.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Part 86 Agriculture
Sec. 8601. As used in this part:
(a) "Agricultural storm water discharge" means a
precipitation-related discharge from a farm or farm operation that,
at the time of discharge, is verified under the livestock system of
the MAEAP and managed in accordance with the comprehensive nutrient
management plan approved under that verification.
(b) "Department" means the department of environmental
quality.
(c) "Director" means the director of the department or his or
her designee to whom the director delegates a power or duty by
written instrument.
(d) "Farm" means that term as defined in section 2 of the
Michigan right to farm act, 1981 PA 93, MCL 286.472.
(e) "Farm operation" means that term as defined in section 2
of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(f) "Michigan agriculture environmental assurance program" or
"MAEAP" means a 3-phase program, as it existed on the effective
date of the amendatory act that added this subdivision, that meets
all of the following requirements:
(i) Was recommended by the Michigan agriculture pollution
prevention implementation plan signed by the director and the
director of the department of agriculture in 1998.
(ii) Consists of education, on-farm risk assessment, and third
party verification by the department of agriculture.
(iii) Focuses on livestock, cropping, or farmstead systems.
(iv) Is designed to help farms and farm operations voluntarily
prevent or minimize agricultural pollution risks.
Sec. 8603. (1) Notwithstanding any other provision of this act
or a rule promulgated or permit or order issued under this act, if
a farm or farm operation is verified under the Michigan agriculture
environmental assurance program, the farm or farm operation shall
not be considered to have violated, during the period in which it
was verified, any provision of this act, or of a rule promulgated
or permit or order issued under this act, regulating the livestock,
cropping, or farmstead system that was the subject of verification
unless the owner of the farm or the person responsible for the farm
operation knowingly and recklessly caused impairment of the natural
resources of this state.
(2) If a farm or farm operation is verified under the
livestock system of the MAEAP and the owner of the farm or the
person responsible for the farm operation applies manure to land in
accordance with a comprehensive nutrient management plan approved
under the MAEAP, any precipitation-related discharge of that land-
applied manure shall be considered an agricultural storm water
discharge and is exempt from part 31 and rules promulgated under
part 31.
(3) Subsections (1) and (2) apply notwithstanding any other
provision of this act except to the extent prohibited by federal
law.
Enacting section 1. This amendatory act takes effect 180 days
after the date it is enacted.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5712(request no.
04881'05 *).
(b) Senate Bill No.____ or House Bill No. 5713(request no.
05472'05).
(c) Senate Bill No.____ or House Bill No. 5714(request no.
05473'05 *).
(d) Senate Bill No.____ or House Bill No. 5715(request no.
05474'05 *).
(e) Senate Bill No.____ or House Bill No. 5716(request no.
05814'06).