FLOODPLAIN PERMITS                                                                                 H.B. 6472:

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

 

 

 

 

 

 

 

 

 

House Bill 6472 (as reported without amendment)

Sponsor:  Representative Triston Cole

House Committee:  Natural Resources

Senate Committee:  Natural Resources

 


CONTENT

 

The bill would amend the Natural Resources and Environmental Protection Act to do the following:

 

 --    Extend, from October 1, 2019, to October 1, 2024, the sunset on requirements that an application for different floodplain permits be accompanied by specified fees.

 --    Require the Department of Environmental Quality (DEQ) to establish minor project categories of activities within floodplains and floodplain projects that met certain criteria.

 --    Require the DEQ to issue general permits on a statewide basis or within a local unit of government for floodplain projects that met certain criteria.

 --    Specify that an application for a floodplain permit for a general permit category would have to be accompanied by a fee of $50 until October 1, 2024.

 --    Require the DEQ to propose new minor project and general project categories as authorized by the bill by December 31, 2019.

 --    Allow the DEQ to issue, deny, or impose conditions on project activities authorized under a floodplain permit for a minor project category or a general permit category if the conditions were designed for specified purposes, and allow the DEQ to establish a reasonable time when the proposed project would have to be completed or terminated.

 

MCL 324.3104                                                          Legislative Analyst:  Nathan Leaman

 

FISCAL IMPACT

 

The bill would have two primary fiscal impacts on the Department of Environmental Quality (DEQ) and a minor, but negative fiscal impact on local units of government. The first fiscal impact on the DEQ would be positive, as the bill would delay the sunset of floodplain application fees from October 1, 2019, to October 1, 2024. This would preserve about $2.1 million in annual revenue for the DEQ for each of these five years. The sunset delay also would result in a minor negative fiscal impact for local units of government during this period, as any floodplain permits they could apply for during that period would be subject to a fee.

 

The second fiscal impact on the DEQ would be through the creation of an expanded minor project permit category for floodplain projects with minimal adverse environmental effects.


These permits would cost $50 instead of the current fee of between $100 and $500. It is unknown how many permits would be subject to this new, lower fee, but it is likely that the new category would result in the loss of some portion of the aforementioned $2.1 million the DEQ receives each year from floodplain permit fees.

 

Date Completed:  12-17-18                                                    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.