DREDGING PERMIT                                                                               S.B. 264 (S-1):

                                                                                                      FLOOR SUMMARY

Senate Bill 264 (Substitute S-1 as reported)

Sponsor:  Senator Tom Casperson

Committee:  Outdoor Recreation and Tourism

CONTENT

The bill would amend Parts 13 (Permits), 301 (Inland Lakes and Streams), and 325 (Great Lakes Submerged Bottomlands) of the Natural Resources and Environmental Protection Act to do the following:

-- Provide that a permit to dredge or fill bottomland under Part 301 or Part 325 would be valid for five years.

-- Prohibit the Department of Environmental Quality (DEQ) from requiring additional environmental studies or surveys during the five-year term.

-- Allow open lake disposal of dredge material that was not contaminated with toxic substances under a Part 325 dredging permit, in water at least 30 meters deep or at least 1.5 kilometers from shore.

-- Authorize the DEQ to issue a permit under Part 325 before the expiration of a required 20-day period during which an objection to the permit may be filed, if emergency conditions warranted a project to protect property or public health, safety, or welfare.

-- Reduce the application fee to $50 for a permit to dredge at least 10,000 cubic yards, if the dredge material were at least 90% sand.

-- Establish a 30-day processing period for dredging permit applications under Parts 301 and 325.

Parts 301 and 325 require a fee of $1,500 to be submitted with a permit application for construction or expansion of an existing permitted marina that proposes maintenance dredging of at least 10,000 cubic yards.  For other major projects involving dredging of at least 10,000 cubic yards, the fee is $2,000.  Under the bill, these fees would be $50 if the dredge material were determined through testing to be at least 90% sand.

MCL 324.1301 et al.                                                      Legislative Analyst:  Julie Cassidy

FISCAL IMPACT

The bill would have a minor negative fiscal impact on the Department of Environmental Quality.  The bill would lower the fees paid to the DEQ from $1,500 or $2,000 to $50 for permits to dredge over 10,000 cubic yards of material from marinas and for major projects if the composition of the dredge material were determined to be 90% or more sand.

Date Completed:  3-14-13                                                    Fiscal Analyst:  Josh Sefton

This 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.