COMMERCIAL MANURE HANDLERS S.B. 503 (S-1): FLOOR ANALYSIS




Senate Bill 503 (Substitute S-1 as reported)
Sponsor: Senator Jim Barcia
Committee: Agriculture

CONTENT
The bill would add Part 86 (Agriculture) to the Natural Resources and Environmental Protection Act to do the following:

-- Require a commercial manure handler to obtain a license or certification from the Michigan Department of Agriculture (MDA) before handling manure, production area waste, or process wastewater at an animal feeding operation.
-- Prescribe a $100 annual fee for licensure or certification; require the MDA to assess interest on past-due fee payments; and require fees and interest to be deposited into the Agriculture Pollution Prevention Fund.
-- Require a person to maintain a bond of at least $25,000 as a condition of licensure or certification.
-- Require the MDA to promulgate rules for the licensure or certification of commercial manure handlers, including training and education standards.
-- Make it a misdemeanor punishable by up to 90 days' imprisonment and/or a fine of up to $5,000 for a person to violate the licensure and certification requirements.
-- Allow the MDA to suspend or revoke a license or certification for a violation of Part 86.


The bill is tie-barred to Senate Bill 504.


Proposed MCL 324.8601-324.8603 Legislative Analyst: Curtis Walker

FISCAL IMPACT
According to the Department of Agriculture, the implementation of the licensure or certification program would require $120,000 and 1.25 FTE positions. The annual license or certification fee would be $100. Revenue from this fee would depend upon the number of commercial animal waste handlers seeking licensure. The MSU Extension Manure Resource webpage currently lists nine commercial waste haulers. Using this number as an estimate, the fee would generate $900 annually.


The bill would have an indeterminate fiscal impact on local government. There are no data to indicate how many offenders would be convicted of the proposed offense. Local governments would incur the costs of misdemeanor probation and incarceration in local facilities, which vary by county. Additional penal fine revenue would benefit public libraries.


Date Completed: 6-19-07 Fiscal Analyst: Debra Hollon Lindsay Hollander

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. sb503/0708