LAKES & STREAMS PERMIT MEETING H.B. 6576: COMMITTEE SUMMARY






House Bill 6576 (as passed by the House)
Sponsor: Representative John Pastor
House Committee: Natural Resources, Great Lakes, Land Use, and Environment
Senate Committee: Natural Resources and Environmental Affairs


Date Completed: 12-5-06

CONTENT The bill would amend Part 301 (Inland Lakes and Streams) of the Natural Resources and Environmental Protection Act to specify that Section 30306b, which provides for a preapplication meeting for a permit under Part 303 (Wetlands Protection), would apply to a permit under Part 301.

Under Section 30306b, if a landowner or another person authorized in writing by the landowner requests a preapplication meeting, the Department of Environmental Quality (DEQ) must meet with the person or his or her representative to review a proposed wetlands project or proposed wetlands permit application in its entirety. The meeting must take place at the DEQ's district office for the district that includes the project site or at the project site itself, as specified in the request.


Except as otherwise provided, the request must be accompanied by a fee of $150 for a meeting at the district office, or, for a meeting at the project site, $250 for the first acre or portion of an acre of project area, plus $50 for each additional acre or portion of an acre, up to $1,000. If the project location is a single family residential lot of less than one acre, however, there is no fee for a meeting at the district office, and the fee for a meeting at the project site is $100.


If the person withdraws the request at least 24 hours before the meeting, the Department may agree with the person to reschedule the meeting, or promptly must refund the fee and does not have to meet. Otherwise, if, after agreeing to the time and place for a preapplication meeting, the person is not represented at the meeting, the person must forfeit the fee. If the DEQ is not represented at the meeting, it must refund the fee and send a representative to a rescheduled meeting to be held within 10 days of the first scheduled meeting date.


Any written agreement provided by the DEQ as a result of the preapplication meeting regarding the need to obtain a permit is binding on the Department for two years from the date of the agreement.


The bill is tie-barred to House Bill 6162 (Public Act 435 of 2006), which enacted Section 30306b.


Proposed MCL 324.30104b Legislative Analyst: Julie Cassidy




FISCAL IMPACT
The bill would have an indeterminate fiscal impact on the State. When requested, the Department of Environmental Quality would be required to meet with project representatives to review project or permit applications. To cover the costs of providing this service, the DEQ would be authorized to charge fees that were established in Public Act 435 of 2006. The total amount collected from the fees would depend on the number of requested meetings. The fee revenue would be deposited into the Land and Water Permit Fee Fund, which is used to support land and water permitting and regulatory programs.

Fiscal Analyst: Jessica Runnels

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb6576/0506