August 31, 2005, Introduced by Senator McMANUS and referred to the Committee on Appropriations.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 3119, 3121, 3124, 5521, 5701, 5702, 5703,
5704, 5705, 5706, 5707, and 5708 (MCL 324.3119, 324.3121, 324.3124,
324.5521, 324.5701, 324.5702, 324.5703, 324.5704, 324.5705,
324.5706, 324.5707, and 324.5708), section 3119 as amended and
section 3121 as added by 2004 PA 91, section 3124 as added by 2004
PA 90, and section 5521 as amended by 1998 PA 245.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3119. (1) The storm 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 in the fund and shall not lapse to the general fund.
(4) The department shall expend money from the fund, upon
appropriation, only for 1 or more of the following purposes:
(a) Review of storm water permit applications.
(b) Storm water permit development, issuance, reissuance,
modification, and termination.
(c) Surface water monitoring to support the storm water
permitting process.
(d) Assessment of compliance with storm water permit
conditions.
(e) Enforcement against storm water permit violations.
(f) Classification of storm water control facilities.
(g) Not more than 10% of the money in the fund for training
for certification of storm water operators and educational material
to assist persons regulated under this part.
(h) Regional or statewide public education to enhance the
effectiveness of storm water permits.
(i) For the purposes of part 57.
(5) Money in the fund shall not be used to support the direct
costs of litigation undertaken to enforce this part.
(6) Upon the expenditure or appropriation of money raised in
section 3118 for any other purpose than those specifically listed
in this section, authorization to collect fees under section 3118
shall
be is suspended until such time as the
money expended or
appropriated for purposes other than those listed in this section
is returned to the fund.
(7) By January 1, 2006 and by January 1 of each year
thereafter, the department shall prepare and submit to the
governor, the legislature, the chairs of the standing committees of
the senate and house of representatives with primary responsibility
for issues related to natural resources and the environment, and
the chairs of the subcommittees of the senate and house
appropriations committees with primary responsibility for
appropriations to the department a report that details the
departmental activities of the previous fiscal year in
administering the department's storm water program that were funded
by the fund. This report shall include, at a minimum, all of the
following:
(a) The number of full-time equated positions performing each
of the following functions:
(i) Permit issuance and development.
(ii) Compliance.
(iii) Enforcement.
(b) The number of new permit applications received by the
department in the preceding year.
(c) The number of renewal permits in the preceding year.
(d) The number of permit modifications requested in the
preceding year.
(e) The number of staff hours dedicated to each of the fee
categories listed in section 3118.
(f) The number of permits issued for fee categories listed in
section 3118.
(g) The average number of days required for review of a permit
from the date the permit application is determined to be
administratively complete.
(h) The number of permit applications denied.
(i) The number of permit applications withdrawn by the
applicant.
(j) The percentage and number of permit applications that were
reviewed for administrative completeness within 10 days of receipt
by the department.
(k) The percentage and number of permit applications submitted
to the department that were administratively complete as received.
(l) The percentage and number of new permit applications for
which a final action was taken by the department within 180 days.
(m) The percentage and number of permit renewals and
modifications processed within the required time.
(n) The number of permits reopened by the department.
(o) The number of unfilled positions dedicated to the
department's storm water program.
(p) The amount of revenue in the fund at the end of the fiscal
year.
Sec. 3121. (1) The national pollutant discharge elimination
system 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 in the fund and shall not lapse to the general fund.
(4) The department shall expend money from the fund, upon
appropriation, only to administer the national pollutant discharge
elimination system program under this part including, but not
limited to, all of the following:
(a) Water quality standards development and maintenance.
(b) Permit development and issuance.
(c) Maintenance of program data.
(d) Ambient water quality monitoring conducted to determine
permit conditions and evaluate the effectiveness of permit
requirements.
(e) Activities conducted to determine a discharger's permit
compliance status, including, but not limited to, inspections,
discharge monitoring, and review of submittals.
(f) Laboratory services.
(g) Enforcement.
(h) Program administration activities.
(i) For the purposes of part 57.
(5) By January 1, 2006 and by January 1 of each year
thereafter, the department shall prepare and submit to the
governor, the legislature, the chairs of the standing committees of
the senate and house of representatives with primary responsibility
for issues related to natural resources and the environment, and
the chairs of the subcommittees of the senate and house
appropriations committees with primary responsibility for
appropriations to the department a report that details the
departmental activities of the previous fiscal year in
administering the department's national pollutant discharge
elimination system program that were funded by the fund. This
report shall include, at a minimum, all of the following as it
relates to the department:
(a) The number of full-time equated positions performing each
of the following functions:
(i) Permit issuance and development.
(ii) Compliance.
(iii) Enforcement.
(b) The number of permit applications received by the
department in the preceding year, including applications for new
and increased uses and reissuances.
(c) The number of staff hours dedicated to each of the fee
categories listed in section 3120.
(d) The number of permits issued for fee categories listed in
section 3120.
(e) The number of permit applications denied.
(f) The number of permit applications withdrawn by the
applicant.
(g) The percentage and number of permit applications that were
reviewed for administrative completeness within statutory time
frames.
(h) The percentage and number of permit applications submitted
to the department that were administratively complete as received.
(i) The percentage and number of permit applications for which
a final action was taken by the department within statutory time
frames for new and increased uses and reissuances.
(j) The number of permits reopened by the department.
(k) The number of unfilled positions dedicated to the national
pollutant discharge elimination system program.
(l) The amount of revenue in the fund at the end of the fiscal
year.
(6) As used in this section:
(a) "Fund" means the national pollutant discharge elimination
system fund created in subsection (1).
(b) "National pollutant discharge elimination system program"
means the national pollutant discharge elimination system program
delegated to the department under section 402 of title IV of the
federal
water pollution control act, chapter 758, 86 Stat. 880, 33
U.S.C.
33 USC 1342, and implemented under this part.
Sec. 3124. (1) The groundwater discharge permit fund is
created within the state treasury. The state treasurer may receive
money or other assets from any source for deposit into the
groundwater discharge permit fund. The state treasurer shall direct
the investment of the groundwater discharge permit fund.
(2) Money in the groundwater discharge permit fund at the
close of the fiscal year shall remain in the groundwater discharge
permit fund and shall not lapse to the general fund.
(3) The state treasurer shall credit to the groundwater
discharge permit fund the interest and earnings from groundwater
discharge permit fund investments.
(4) The department shall expend money from the groundwater
discharge permit fund, upon appropriation, only to implement the
department's groundwater discharge program under this part and for
the purposes of part 57. However, in any state fiscal year, the
department shall not expend more than $2,000,000.00 of money from
the fund.
(5) By March 1 annually, the department shall prepare and
submit to the governor, the legislature, the chair of the standing
committees of the senate and house of representatives with primary
responsibility for issues related to natural resources and the
environment, and the chairs of the subcommittees of the senate and
house appropriations committees with primary responsibility for
appropriations to the department a report that details the
activities during the previous fiscal year in administering the
department's groundwater discharge program that were funded by the
groundwater discharge permit fund. This report shall include, at a
minimum, all of the following as they relate to the department:
(a) The number of full-time equated positions performing
groundwater permitting, compliance, and enforcement activities.
(b) The number of applications received by the department,
reported as the number of applications determined to be
administratively incomplete and the number determined to be
administratively complete.
(c) The number of applications for groundwater permits
determined to be administratively complete for which a final action
was taken by the department. The number of final actions shall be
reported as the number of applications approved, the number of
applications denied, and the number of applications withdrawn by
the applicant.
(d) The percentage and number of applications determined to be
administratively complete for which a final decision was made
within the statutory time frame.
(e) The number of inspections conducted at groundwater
facilities.
(f) The number of violation letters sent.
(g) The number of contested case hearings and civil actions
initiated and completed, the number of voluntary consent orders and
administrative orders entered or issued, and the amount of fines
and penalties collected through such actions or orders.
(h) For each enforcement action that includes a penalty, a
description of what corrective actions were required by the
enforcement action.
(i) The number of groundwater complaints received,
investigated, resolved, and not resolved by the department.
(j) The amount of revenue in the groundwater discharge permit
fund at the end of the fiscal year.
Sec. 5521. (1) The emissions control fund is created within
the state treasury. The state treasurer may receive money 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.
(2) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(3) Upon the expenditure or appropriation of funds raised
through fees in this part for any purpose other than those
specifically listed in this part, authorization to collect fees
under
this part is suspended until such time as the funds
expended or appropriated for purposes other than those listed in
this part are returned to the emissions control fund.
(4) Beginning
October 1, 1994 and thereafter money Money
shall be expended from the fund, upon appropriation, only for the
purposes of part 57 and for the following purposes as they relate
to implementing the operating permit program required by title V:
(a) Preparing generally applicable rules or guidance regarding
the operating permit program or its implementation or enforcement.
(b) Reviewing and acting on any application for a permit,
permit revision, or permit renewal, the development of an
applicable requirement as part of the processing of a permit, or
permit revision or renewal.
(c) General administrative costs of running the operating
permit program, including the supporting and tracking of permit
applications, compliance certification, and related data entry.
(d) Implementing and enforcing the terms of any operating
permit, not including any court costs or other costs associated
with an enforcement action.
(e) Emissions and ambient monitoring.
(f) Modeling, analysis, or demonstration.
(g) Preparing inventories and tracking emissions.
(h)
Providing direct and indirect support to facilities under
the
small business clean air assistance program created in part 57.
Sec. 5701. As used in this part:
(a)
"Clean air act" means chapter 360, 69 Stat. 322, 42
U.S.C.
USC 7401 to
7431, 7470 to 7479, 7491 to 7492,
7501 to
7509a,
7511 to 7515, 7521 to 7525, 7541 to 7545, 7547 to 7550, 7552
to
7554, 7571 to 7574, 7581 to 7590, 7601 to 7612, 7614 to 7617,
7619
to 7622, 7624 to 7627, 7641 to 7642, 7651 to 7651o, 7661 to
7661f,
and 7671 to 7671q and the regulations promulgated under
that act.
(b) "Clean water act" means 33 USC 1251 to 1387.
(c) "Michigan economic development corporation" means the
public body corporate created under section 28 of article VII of
the state constitution of 1963 and the urban cooperation act of
1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, by a contractual
interlocal agreement effective April 5, 1999, as amended, between
local participating economic development corporations formed under
the economic development corporations act, 1974 PA 338, MCL
125.1601 to 125.1636, and the Michigan strategic fund. If the
Michigan economic development corporation is unable for any reason
to perform its duties under this part, those duties may be
exercised by the Michigan strategic fund.
(d) (b)
"Office" means the office of the small
business
clean
air environmental ombudsman.
(e) (c)
"Ombudsman" means the small business clean
air
environmental ombudsman.
(f) (d)
"Program" means the small business clean
air
environmental assistance program.
(g) (e)
"Small business" means a business that is
independently owned and operated and that is not dominant in its
field
as defined in 13 C.F.R. CFR
121 and, unless adjusted as
authorized under this section or section 5702, is a stationary
source that meets all of the following requirements:
(i) Is owned or operated by a person that employs 100 or fewer
individuals.
(ii) Is a small business concern as defined in the small
business act, Public Law 85-536, 72 Stat. 384.
(iii) Is not a major stationary source as defined in
Titles I
and
III of the clean air act or is a major stationary source as
defined
in Titles I and III of the clean air act because of its
location
in a nonattainment area.
(iv) Emits less than 50 tons per year of any air
contaminant or
air
pollutant regulated pursuant to part 55 or the clean air act.
(v) Emits less than 75 tons per year of all air
contaminants
or
air pollutants regulated pursuant to part 55 or the clean air
act.
Sec.
5702. (1) Upon petition by a source, the department may,
after
notice and opportunity for public comment, include as a small
business
stationary source for purposes of this section any
stationary
source that does not meet the criteria of subparagraph
(iii), (iv), or
(v) of section 5701(e) but which does not emit more
than
100 tons per year of all air contaminants and air pollutants
regulated
pursuant to part 55 or the clean air act.
(2)
The department Michigan economic development
corporation, in consultation with the administrator of the United
States environmental protection agency and the administrator of the
United States small business administration and after providing
notice and opportunity for public hearing, may exclude from the
small
business stationary source definition
any category or
subcategory of sources that the state determines to have sufficient
technical and financial capabilities to meet the requirements of
part 31 and the clean air act and part 55 without the application
of this part.
Sec.
5703. (1) The office of the small business clean air
environmental
ombudsman is created within the department
of
commerce
Michigan economic
development corporation. The office
shall exercise its powers and duties independently of any state
department or entity.
(2) The principal executive officer of the office is the small
business clean
air environmental ombudsman, who shall be
appointed by the governor.
Sec. 5704. The office of the ombudsman is responsible for
assessing and ensuring that the goals of the program are being met
and in addition shall coordinate or do all of the following:
(a) Conduct independent evaluations of all aspects of the
program.
(b) Review and provide comments and recommendations to the
United
States environmental protection agency and state and local
air
pollution control authorities the
department of environmental
quality regarding the development and implementation of air and
water pollution requirements that impact small businesses.
(c) Facilitate and promote the participation of small
businesses in the development of rules that impact small
businesses.
(d) Assist in providing reports to the governor and
legislature and the public regarding the applicability of the
requirements
of this part, part 31, and part 55
, and the clean
air act to small business.
(e) Aid in the dissemination of information, including, but
not limited to, air and water pollution requirements and control
technologies, to small businesses and other interested parties.
(f) Participate in or sponsor meetings and conferences with
state and local regulatory officials, industry groups, and small
business representatives.
(g) Aid in investigating and resolving air or water pollution
related
complaints and disputes from small
businesses against the
state
or local air pollution control authorities, or both
department of environmental quality.
(h) Periodically review the work and services provided by the
program with trade associations and representatives of small
business.
(i) Refer small businesses to the appropriate specialist in
the program where they may obtain information and assistance on
affordable alternative technologies, process changes, and products
and operational methods to help reduce air and water pollution and
accidental releases.
(j) Arrange for and assist in the preparation of guideline
documents by the program and ensure that the language is readily
understandable by laypersons.
(k) Work with trade associations and small businesses to bring
about voluntary compliance with part 31 and the clean air act and
part 55.
(l) Work with regional and state offices of the small business
administration,
the United States department of commerce and state
department
of commerce the Michigan economic development
corporation, and other federal and state agencies that may have
programs to financially assist small businesses in need of funds to
comply with environmental requirements.
(m) Work with private sector financial institutions to assist
small businesses in locating sources of funds to comply with state
and
local air and
water pollution control requirements.
(n) Conduct studies to evaluate the impacts of part 31 and of
the clean air act and part 55 on the state's economy, local
economies, and small businesses.
(o) Work with other states to establish a network for sharing
information on small businesses and their efforts to comply with
the clean water act, the clean air act, and the pertinent water and
air pollution act for their state.
(p) Make recommendations to the department and the legislature
concerning the reduction of any fee required under part 31 or the
clean air act or part 55 to take into account the financial
resources of small businesses.
Sec.
5705. The program is created in the
department of
commerce
Michigan economic development corporation. The program
shall develop adequate mechanisms for all of the following:
(a) Developing, collecting, and coordinating information on
compliance methods and technologies for small businesses.
(b) Encouraging lawful cooperation among small businesses and
other persons to further compliance with part 31 and the clean air
act and part 55.
(c) Assisting small business with information regarding
pollution prevention and accidental release detection and
prevention, including, but not limited to, providing information
concerning alternative technologies, process changes, and products
and methods of operation that help reduce water and air pollution.
(d) Establishing a compliance assistance program that assists
small businesses in determining applicable requirements for
compliance and the procedures for obtaining permits efficiently in
a
timely manner under part 31 or the clean air act or part 55. ,
or
both.
(e) Providing mechanisms and access to information so that
small businesses receive notification of their rights under part 31
and the clean air act and part 55 in a manner and form that assures
reasonably adequate time for small businesses to evaluate their
compliance methods or applicable proposed or final rules or
standards under part 31 and the clean air act and part 55.
(f) Informing small businesses of their obligations under part
31 and the clean air act and part 55, including mechanisms for
referring small businesses to qualified auditors or to the state if
the state elects to provide audits to determine compliance with
part 31 or the clean air act and part 55. To the extent permissible
by state and federal law, audits shall be separate from the formal
inspection and compliance program.
(g) Providing information on how to obtain consideration from
the department of environmental quality on requests from small
businesses for modifications of any work practice, technological
method of compliance, or the schedule of milestones for reductions
of discharges or emissions preceding an applicable compliance date.
Sec. 5706. Upon request, the ombudsman shall be given access
to all information, records, and documents in the possession of the
commission
Michigan economic
development corporation and the
department of environmental quality that the ombudsman considers
necessary to fulfill the responsibilities of the office other than
information described in section 13 of the freedom of information
act, Act
No. 442 of the Public Acts of 1976, being section 15.243
of
the Michigan Compiled Laws 1976 PA 442, MCL 15.243.
The
commission
Michigan economic
development corporation and the
department of environmental quality shall also assist the ombudsman
in fulfilling his or her responsibilities under this part.
Sec. 5707. Information obtained by the office or the program
from small businesses that utilize their services shall be held in
confidence by those employed by the office or the program to the
extent
authorized under the freedom of information act, Act No.
442
of the Public Acts of 1976, being sections 15.231 to 15.246 of
the
Michigan Compiled Laws 1976 PA 442, MCL 15.231 to 15.246,
including, but not limited to, those provisions pertaining to
exemptions from disclosure for trade secrets and commercial and
financial information.
Sec.
5708. (1) The small business clean air environmental
compliance advisory panel is created within the program.
(2) The advisory panel shall be broadly representative of the
regulated small business community and shall include women members
and members who are minorities. The advisory panel shall consist of
the following members:
(a) Two members appointed by the governor to represent the
general public and who are not owners or representatives of owners
of
small business stationary sources businesses regulated under
part 31 or 55.
(b) One member appointed by the republican leader of the
senate
who is an owner or a representative of owners of small
business
stationary sources businesses
regulated under part 31 or
55.
(c) One member appointed by the democratic leader of the
senate
who is an owner or a representative of owners of small
business
stationary sources businesses
regulated under part 31 or
55.
(d) One member appointed by the republican leader of the house
of representatives who is an owner or a representative of owners of
small business
stationary sources businesses
regulated under part
31 or 55.
(e) One member appointed by the democratic leader of the house
of representatives who is an owner or a representative of owners of
small business
stationary sources businesses
regulated under part
31 or 55.
(f) One member appointed by the department.
(3) Members of the advisory panel shall serve for terms of 4
years, or until a successor is appointed, whichever is later.
However, of the members first appointed, the members appointed by
the governor shall serve for 3 years, the members appointed by the
senate shall serve for 1 year, and the members appointed by the
house of representatives and the member appointed by the department
shall serve for 2 years.
(4) If a vacancy occurs on the advisory panel, the governor,
the department, or the appropriate legislative leader who made the
appointment shall make an appointment for the unexpired term in the
same manner as the original appointment.
(5) The
first meeting of the advisory panel shall be called
within
90 days of the appointment of all advisory panel members. At
the
first meeting the The advisory panel shall elect from among
its members a chairperson and other officers as it considers
necessary or appropriate.
(6) A majority of the members of the advisory panel
constitutes a quorum for the transaction of business at a meeting
of the advisory panel. A majority of the members present and
serving are required for official action of the advisory panel.
(7) Members of the advisory panel shall serve without
compensation. However, members of the advisory panel may be
reimbursed for their actual and necessary expenses incurred in the
performance of their official duties as members of the advisory
panel.
(8) The advisory panel shall do all of the following:
(a) Consult with the ombudsman and the head of the program to
plan the work of the panel, including the frequency of meetings,
agenda items, and reports to be issued by the panel.
(b) Determine whether the program should utilize private
contractors hired by the program or utilize expertise within the
program, or both, to meet the requirements of this part that
pertain to providing technical assistance to small businesses.
(c) Prepare advisory reports concerning all of the following:
(i) The effectiveness of the office and program.
(ii) The difficulties encountered and degree and severity of
enforcement
of part parts
31 and 55.
(iii) The costs of operating the office and the program.
(iv) The average costs of different categories of small
businesses in complying with the water and air quality enforcement
program
programs of this state.
(d) Periodically report to the administrator of the United
States environmental protection agency regarding compliance by the
program with the broad intent of all of the following acts as may
be applicable:
(i) Chapter 35 of title 44 of the United States Code,
44
U.S.C.
44 USC 3501 to 3520, relating to paperwork reduction.
(ii) Sections 601 to 612 of title 5 of the United
States Code,
5
U.S.C. 5 USC 601 to 612, relating to regulatory flexibility.
(iii) Section 504 of title 5 of the United States
Code, 5
U.S.C.
5 USC 504, and
section 2412 of title 28 of the
United
States
Code, 28 U.S.C. 28 USC 2412, relating to equal access to
justice.
(e) Review information prepared by the program for small
businesses to assure that the information is understandable to
laypersons.
(f) Utilize the program to act as staff to develop and
disseminate the work product of the advisory panel.
(9) The advisory panel shall provide copies of advisory
reports prepared by the advisory panel to the United States
environmental protection agency, the department of environmental
quality, the legislature, and the department
of commerce Michigan
economic development corporation. In addition, the reports shall be
made available to any person upon request.