2003 Senate Bill 560 / 2004 Public Act 90

Impose groundwater discharge permit fees

Introduced in the Senate

June 5, 2003

Introduced by Sen. Burton Leland (D-5)

To authorize annual groundwater discharge permit fees for facilities that discharge wastewater onto the ground or into groundwater. The fees would be set by the Department of Environmental Quality at a rate high enough to cover the cost of an expanded groundwater discharge permit program, which the department says would cost some $3.6 million. This bill is one of many authorizing fee increases totaling some $125.5 million which Gov. Jennifer Granholm is proposing to close a gap between state spending and expected revenue in the Fiscal Year 2003-2004 budget.

Referred to the Committee on Appropriations

June 17, 2003

Reported without amendment

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

June 18, 2003

Substitute offered

To replace the previous version of the bill with one which one which raises the fees by a lesser amount than that proposed by the governor.

The substitute passed by voice vote

Passed in the Senate 37 to 1 (details)

To authorize new annual groundwater discharge permit requirements and fees for some 1,400 facilities that discharge wastewater onto the ground or into groundwater, as opposed to the 950 previously required to have a permit. Previously, there was no fee. The bill would apply to facilities which discharge water, even if the water is clean or is only moved from one place to another. The fees would be set by the Department of Environmental Quality at a rate high enough to cover the cost of an expanded groundwater discharge permit program, which the department says would cost some $3.6 million; the bill would levy some $1.3 million in fees. They would apply to any entity which discharges water, even if the water is clean or is only moved from one place to another. This bill is one of many authorizing fee increases totaling some $125.5 million which Gov. Jennifer Granholm is proposing to close a gap between state spending and expected revenue in the Fiscal Year 2003-2004 budget.

Received in the House

June 18, 2003

Referred to the Committee on Government Operations

Oct. 2, 2003

Reported without amendment

With the recommendation that the substitute (H-5) be adopted and that the bill then pass.

Oct. 14, 2003

Substitute offered

To replace the previous version of the bill with one which makes numerous technical and substantive changes. See House-passed bill for more details.

The substitute passed by voice vote

Substitute offered by Rep. James Koetje (R-86)

The substitute passed by voice vote

Amendment offered by Rep. James Koetje (R-86)

To move back the date the bill goes into effect.

The amendment passed by voice vote

Amendment offered by Rep. Ken Bradstreet (R-105)

To exempt businesses with fewer than 20 employees from the discharge fees.

The amendment passed 102 to 3 (details)

Amendment offered by Rep. Andy Meisner (D-27)

To extend an October, 2005 sunset on some of the new discharge fees to October, 2008.

The amendment passed 47 to 60 (details)

Amendment offered by Rep. Paul Gieleghem (D-31)

To eliminate a provision which allows permits to be automatically renewed if a permittee has no compliance violations or reporting abnormalities.

The amendment failed 38 to 68 (details)

Amendment offered by Rep. Barbara Farrah (D-13)

To eliminate a provision which requires permit fees to be discounted if the state takes longer than a specified period of time to issue the permit.

The amendment failed 50 to 56 (details)

Amendment offered by Rep. Chris Kolb (D-53)

To eliminate a provision requiring that 90 percent of any money remaining in the Groundwater Discharge Permit Fee Fund at the close of the fiscal year be used to reduce fees in the next year.

The amendment failed 42 to 64 (details)

Amendment offered by Rep. Frank Accavitti (D-42)

To eliminate a requirement that the governor must notify those required to apply for a permit of the new and higher fees.

The amendment failed 48 to 58 (details)

Amendment offered by Rep. David Palsrok (R-101)

To exempt agricultural purposes from the new and increased discharge fees.

The amendment passed 85 to 17 (details)

Amendment offered by Rep. Howard Walker (R-104)

To exempt municipalities with a population under 2,500 from the new and increased discharge fees.

The amendment passed 88 to 16 (details)

Amendment offered by Rep. Ken Bradstreet (R-105)

To require local health departments, rather than the state Department of Environmental Quality, to administer the groundwater discharge permit program.

The amendment failed 47 to 60 (details)

Amendment offered by Rep. Ken Bradstreet (R-105)

To exempt schools, school districts, and public colleges or universities from the new and increased discharge fees.

The amendment passed 101 to 0 (details)

Amendment offered by Rep. Daniel Acciavatti (R-32)

To exempt construction companies discharging groundwater for the purpose of temporarily lowering a water table from the new and increased discharge fees.

The amendment passed by voice vote

Amendment offered by Rep. Steve Tobocman (D-12)

To require each member of the legislature, in addition to the governor, to notify those required to apply for a groundwater discharge permit of the new and higher fees.

The amendment failed 32 to 68 (details)

Substitute offered by Rep. James Koetje (R-86)

To replace the version of the bill containing all the amendments adopted by the House with the Koetje substitute which was originally adopted by the House, without amendments.

The substitute passed by voice vote

Failed in the House 36 to 63 (details)

To authorize new annual groundwater discharge permit requirements and fees for some 1,400 facilities that discharge wastewater onto the ground or into groundwater, as opposed to the 950 previously required to have a permit. Previously, there was no fee. The bill would apply to facilities which discharge water, even if the water is clean or is only moved from one place to another. This bill is one of many authorizing fee increases proposed by Gov. Jennifer Granholm to close a gap between state spending and expected revenue in the Fiscal Year 2003-2004 budget. The House version contains a requirement that 90 percent of any money remaining in the Groundwater Discharge Permit Fee Fund at the close of the fiscal year would be used to reduce fees in the next year, and a requirement that the DEQ and the governor must notify those required to apply for a groundwater discharge permit of the new and higher fees. It also streamlines the permit application process, and requires permit fees to be discounted if the state takes longer than a specified period of time to issue the permit.

Oct. 16, 2003

Received

Motion to reconsider by Rep. Randy Richardville (R-56)

The version of the bill stripping out all the exemptions to the new fees adopted by the House.

The motion passed by voice vote

Substitute offered by Rep. James Koetje (R-86)

To replace the version of the bill containing all the amendments adopted by the House with the Koetje substitute which was originally adopted by the House, without amendments.

The substitute failed by voice vote

Passed in the House 57 to 49 (details)

To authorize annual groundwater discharge permit fees for certain facilities that discharge wastewater onto the ground or into groundwater. It would apply to facilities which discharge water, even if the water is clean or is only moved from one place to another. However, farms, schools, small businesses, nonprofit organizations, small municipalities, and houses of worship would be exempt from the new fees. The House version also contains a requirement that 90 percent of any money remaining in the Groundwater Discharge Permit Fee Fund at the close of the fiscal year would be used to reduce fees in the next year, and a requirement that the DEQ and the governor must notify those required to apply for a groundwater discharge permit of the new and higher fees. It also streamlines the permit application process, and requires permit fees to be discounted if the state takes longer than a specified period of time to issue the permit. This bill is one of many authorizing fee increases proposed by Gov. Jennifer Granholm to close gaps between state spending and expected revenue.

Received in the Senate

Oct. 23, 2003

Failed in the Senate 0 to 37 (details)

To concur with a House-passed version of the bill. The vote sends the bill to a House-Senate conference committee to work out the differences.

Received in the House

Oct. 23, 2003

Received in the Senate

Oct. 30, 2003

March 31, 2004

Passed in the Senate 33 to 4 (details)

To adopt a compromise version of the bill reported by a House-Senate conference committee. This would authorize new annual groundwater discharge permit requirements and fees for some 1,400 facilities that discharge wastewater onto the ground or into groundwater, as opposed to the 950 previously required to have a permit. Previously, there was no fee. The exemptions for various types of facilities provided by the House version are not included. The requirement for the state to notify those required to apply for a groundwater discharge permit is not included, but streamlined and expedited permit provisions are included. There is no limit on the total fee revenue, but annual expenditures on the permit program are capped at $2 million (in Senate Bill 653), with additional revenue refunded to permittes on a pro-rata basis. The permit and fee would be required for business, nonprofit, and municipal facilities that discharge water, even if the water is clean or is only moved from one place to another.

In the House

April 1, 2004

Passed in the House 56 to 49 (details)

Received in the Senate

April 20, 2004

Signed by Gov. Jennifer Granholm

April 22, 2004