HB-6472, As Passed House, December 21, 2018

HB-6472, As Passed Senate, December 18, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 6472

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 3104 (MCL 324.3104), as amended by 2015 PA 82.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 3104. (1) The department is designated the state agency

to cooperate and negotiate with other governments, governmental

units, and governmental agencies in matters concerning the water

resources of the state, including, but not limited to, flood

control, beach erosion control, water quality control planning,

development, and management, and the control of aquatic nuisance

species. The department shall have control over the alterations of

natural or present watercourses of all rivers and streams in this

state to ~~assure~~ ensure that the channels and the portions of the

floodplains that are the floodways are not inhabited and are kept

free and clear of interference or obstruction that will cause any

undue restriction of the capacity of the floodway. The department

may take steps as may be necessary to take advantage of any act of

congress that may be of assistance in carrying out the purposes of

this part, including the water resources planning act, 42 USC 1962

to 1962d-3, and the federal water pollution control act, 33 USC

1251 to ~~1387.~~1388.

(2) To address discharges of aquatic nuisance species from

oceangoing vessels that damage water quality, aquatic habitat, or

fish or wildlife, the department shall facilitate the formation of

a Great Lakes aquatic nuisance species coalition. The Great Lakes

aquatic nuisance species coalition shall be formed through an

agreement entered into with other states in the Great Lakes basin

to implement on a basin-wide basis water pollution laws that

prohibit the discharge of aquatic nuisance species into the Great

Lakes from oceangoing vessels. ~~The department shall seek to enter~~

~~into an agreement that will become effective not later than January~~

~~1, 2007. The department shall consult with the department of~~

~~natural resources prior to entering into this agreement.~~ Upon

entering into the agreement, the department shall notify the

Canadian Great Lakes provinces of the terms of the agreement. The

department shall seek funding from the Great Lakes protection fund

authorized under part 331 to implement the Great Lakes aquatic

nuisance species coalition.

(3) The department shall report to the governor and to the

legislature at least annually on any plans or projects being

implemented or considered for implementation. The report shall

include requests for any legislation needed to implement any

proposed projects or agreements made necessary as a result of a

plan or project, together with any requests for appropriations. The

department may make recommendations to the governor on the

designation of areawide water quality planning regions and

organizations relative to the governor's responsibilities under the

federal water pollution control act, 33 USC 1251 to ~~1387.~~1388.

(4) A person shall not alter a floodplain except as authorized

by a floodplain permit issued by the department pursuant to part

13. An application for a floodplain permit ~~shall~~ must include

information ~~that may be~~ required by the department to assess the

proposed alteration's impact on the floodplain. If an alteration

includes activities at multiple locations in a floodplain, 1

application may be filed for combined activities.

(5) Except as otherwise provided in ~~subsections (6), (7), and~~

~~(9),~~ this section, until October 1, ~~2019,~~ 2024, an application for

a floodplain permit ~~shall~~ must be accompanied by a fee of $500.00.

Until October 1, ~~2019,~~ 2024, if the department determines that

engineering computations are required to assess the impact of a

proposed floodplain alteration on flood stage or discharge

characteristics, the department shall assess the applicant an

additional $1,500.00 to cover the department's cost of review.

(6) After providing notice and an opportunity for a public

hearing, the department shall establish minor project categories of

activities within floodplains and floodplain projects that are

similar in nature, have minimal potential for causing harmful

interference when performed separately, and will have only minimal

cumulative adverse effects on the environment. All other provisions

of this part, except provisions applicable only to floodplain

general permits, are applicable to a minor project. A minor project

category shall not be valid for more than 5 years, but may be re-

established. Until October 1, ~~2019,~~ 2024, an application for a

floodplain permit for a minor project category ~~shall~~ must be

accompanied by a fee of $100.00. ~~Minor project categories shall be~~

~~established by rule and shall include activities and projects that~~

~~are similar in nature and have minimal potential for causing~~

~~harmful interference.~~

(7) The department, after notice and an opportunity for a

public hearing, shall issue general permits on a statewide basis or

within a local unit of government for floodplain projects that are

similar in nature, have minimal potential for causing harmful

interference when performed separately, and will have only minimal

cumulative adverse effects on the environment. A general permit

category shall not be valid for more than 5 years, but may be re-

established. Until October 1, 2024, an application for a floodplain

permit for a general permit category must be accompanied by a fee

of $50.00.

(8) By December 31, 2019, the department shall propose new

minor project and general project categories as authorized under

subsections (6) and (7).

(9) The department may 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 are

designed to remove an impairment to a river and its floodplain, or

to mitigate the effects of the project. The department may also

establish a reasonable time when the proposed project is to be

completed or terminated.

(10) If the department determines that activity in a proposed

project, although within a floodplain minor project category or a

floodplain general permit category, is likely to cause more than

minimal adverse environmental effects, the department may require

that the application be processed according to subsection (5).

(11) ~~(7)~~ If work has been done in violation of a permit

requirement under this part and restoration is not ordered by the

department, the department may accept an application for a permit

for that work if the application is accompanied by a fee equal to 2

times the permit fee otherwise required under ~~subsection (5) or~~

~~(6).~~this section.

(12) ~~(8)~~ The department shall forward fees collected under

this section to the state treasurer for deposit in the land and

water management permit fee fund created in section 30113.

(13) ~~(9)~~ A project that requires review and approval under

this part and 1 or more of the following is subject to only the

single highest permit fee required under this part or the

following:

(a) Part 301.

(b) Part 303.

(d) Part 325.

(e) Section 117 of the land division act, 1967 PA 288, MCL

560.117.

Enacting section 1. This amendatory act takes effect 90 days