HOUSE BILL No. 5893 April 11, 2002, Introduced by Rep. Mead and referred to the Committee on Commerce. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5303 (MCL 324.5303), as amended by 2001 PA 221. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 5303. (1) Municipalities shall consider and utilize, 2 where possible, cooperative regional or intermunicipal projects 3 in satisfying sewerage needs in the development of project 4 plans. 5 (2) A municipality may submit a project plan for use by the 6 department in developing a priority list. 7 (3) The project plan for a tier I project shall include doc- 8 umentation that demonstrates that the project is needed to assure 9 maintenance of, or to progress toward, compliance with the 10 federal water pollution control act or part 31, and to meet the 06758'02 JCB 2 1 minimum requirements of the national environmental policy act of 2 1969, Public Law 91-190, 42 U.S.C. 4321, 4331 to 4335, and 4341 3 to 4347. The documentation shall demonstrate all of the 4 following: 5 (a) The need for the project. 6 (b) That feasible alternatives to the project were evaluated 7 taking into consideration the demographic, topographic, hydro- 8 logic, and institutional characteristics of the area. 9 (c) That the project is cost effective and implementable 10 from a legal, institutional, financial, and management 11 standpoint. 12 (d) Other information as required by the department. 13 (4) The project plan for a tier II project shall include 14 documentation that demonstrates that the project is or was needed 15 to assure maintenance of or progress towards compliance with the 16 federal water pollution control act or part 31, and is consistent 17 with all applicable state environmental laws. The documentation 18 shall include all of the following information: 19 (a) Information to demonstrate the need for the project. 20 (b) A showing that the cost of the project is or was justi- 21 fied, taking into account available alternatives. Those costs 22 determined by the department to be in excess of those costs jus- 23 tified will not be eligible for assistance under this part. 24 (5) After notice and an opportunity for public comment, the 25 department shall annually develop a priority list for sewage 26 treatment works projects and stormwater treatment projects and a 27 separate priority list for nonpoint source projects. Projects 06758'02 3 1 not funded during the time that a priority list developed under 2 this section is in effect shall be automatically prioritized on 3 the next annual list using the same criteria, unless the munici- 4 pality submits an amendment to its plan that introduces new 5 information to be used as the basis for prioritization. These 6 priority lists shall be based upon project plans submitted by 7 municipalities, and the following criteria: 8 (a) That a project complies with all applicable standards in 9 part 31 and the federal water pollution control act. 10 (b) An application for a segment of a project that received 11 funds under the title II construction grant program or title VI 12 state revolving loan funds of the federal water pollution control 13 act shall be first priority for funding for a period of not more 14 than 3 years after funds were first committed under those 15 programs. 16 (c) If the project is a sewage treatment works project or a 17 stormwater treatment project, all of the following criteria: 18 (i) The severity of the water pollution problem to be 19 addressed, maximizing progress towards restoring beneficial uses 20 and meeting water quality standards. 21 (ii) A determination of whether a project is or was neces- 22 sary to comply with an order, permit, or other document with an 23 enforceable schedule for addressing a municipality's 24 sewage-related water pollution problems that was issued by the 25 department or entered as part of an action brought by the state 26 against the municipality or any component of the municipality. A 27 municipality may voluntarily agree to an order, permit, or other 06758'02 4 1 document with an enforceable schedule as described in this 2 subparagraph. 3(iii) The population to be served by the project.4 (iii)(iv)The dilution ratio existing between the dis- 5 charge volume and the receiving stream. 6 (D) IN ADDITION TO THE CRITERIA SPECIFIED IN 7 SUBDIVISION (C), IF THE PROJECT IS A SEWAGE TREATMENT WORKS 8 PROJECT, PRIORITY SHALL BE GIVEN TO THE FOLLOWING PROJECTS: 9 (i) PROJECTS TO UPGRADE EXISTING SEWAGE TREATMENT INFRA- 10 STRUCTURE TO MEET CAPACITY NEEDS OR TO COMPLY WITH PART 31 AND 11 THE FEDERAL WATER POLLUTION CONTROL ACT. 12 (ii) PROJECTS TO REPLACE SEPTIC SYSTEMS THAT ARE ADVERSELY 13 AFFECTING THE WATER QUALITY OF A WATER BODY. 14 (E)(d)Rankings for nonpoint source projects shall be 15 consistent with the state nonpoint source management plan devel- 16 oped pursuant to section 319 of title III of the federal water 17 pollution control act, chapter 758, 101 Stat. 52, 33 18 U.S.C. 1329. 19 (F)(e)Any other criteria established by the department 20 by rule. 21 (6) The priority list shall be submitted annually to the 22 chair of the senate and house of representatives standing commit- 23 tees that primarily consider legislation pertaining to the pro- 24 tection of natural resources and the environment. 25 (7) For purposes of providing assistance, the priority list 26 shall take effect on the first day of each fiscal year. 06758'02 5 1 (8) This section does not limit other actions undertaken to 2 enforce part 31, the federal water pollution control act, or any 3 other act. 06758'02 Final page. 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