Introduced
by
To assess annual wastewater discharge permit fees on the basis of a sliding-scale fee schedule to be established by the Department or Environmental Quality, which would be based on the toxicity and quantity of the pollutants discharged, and whether they go directly into surface water, groundwater, or land disposal systems. The bill is part of a package comprised of Senate Bills 250 to 254. It is one of many authorizing fee increases totaling some $125.5 million proposed by Gov. Jennifer Granholm to close a gap between state spending and expected revenue in the Fiscal Year 2003-2004 budget. The bill is expected to impose some $7 million in new charges on businesses and municipalities.
Referred to the Committee on Natural Resources and Environmental Affairs
Reported without amendment
With the recommendation that the substitute (S-7) be adopted and that the bill then pass.
Substitute offered
To replace the previous version of the bill with one which sets the fees, rather than leaving this up to the Department of Environmental Quality. The substitute also sets fees for storm water discharges.
The substitute passed by voice vote
Passed in the Senate 34 to 4 (details)
To impose annual wastewater and stormwater discharge permit fees. The fees are set in the bill, and vary according to the size and type of facility. The bill is expected to impose some $3.1 million in new charges on businesses and municipalities.
Referred to the Committee on Government Operations
Reported without amendment
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
Substitute offered
To replace the previous version of the bill with one which eliminates a requirement that permit holders file annual reports listing the use and discharge of some 60 “critical materials” which can be harmful to the environment if improperly released. The information in the report is also collected by other means, but not in a single report from each permit holder.
The substitute passed by voice vote
Substitute offered
by
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
Amendment offered
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To add a requirement that the DEQ and the governor must notify those affected of the new and higher fees.
The amendment passed by voice vote
Amendment offered
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To exempt agriculture from the new and higher fees.
The amendment passed by voice vote
Amendment offered
by
To strike out a provision which eliminates a requirement that permit holders file annual reports listing the use and discharge of some 60 “critical materials” which can be harmful to the environment if improperly released. The information in the report is also collected by other means, but not in a single report from each permit holder.
The amendment failed by voice vote
Amendment offered
by
To require the Department or Environmental Quality to conduct annual unannounced, on-site inspections of major industrial facilities with water discharge permits.
The amendment failed 51 to 52 (details)
Amendment offered
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To increase the annual permit fees if during the previous year the permittee was in significant noncompliance.
The amendment failed 42 to 60 (details)
Amendment offered
by
To increase the discharge fees in 2006 by an amount that would eliminate state general fund support for the state's national pollutant discharge elimination system.
The amendment failed 48 to 58 (details)
Amendment offered
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To eliminate a $100 discharge fee for a particular facility that discharges directly to a municipal wastewater treatment system. The amendment would subject this facility to the regular, higher discharge fees.
The amendment failed 43 to 59 (details)
Amendment offered
by
To retain a provision in current law, but eliminated in the bill, which allows the state to prosecute alleged water pollution discharge violators in Ingham County circuit court, rather than in their local circuit court.
The amendment failed 39 to 65 (details)
Amendment offered
by
To strike out a provision which requires discharge 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 54 (details)
Amendment offered
by
The amendment failed by voice vote
Amendment offered
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To also require each legislator to notify those affected of the new and higher wastewater discharge fees. The bill requires the governor to do this.
The amendment failed by voice vote
Amendment offered
by
To eliminate a $3 million annual cap on expenditures from a "national pollutant discharge elimination system fund" proposed by the bill to receive the fees and support the permit program.
The amendment failed 44 to 59 (details)
Motion to reconsider
by
A vote on a provision eliminating a requirement in current law that permit holders file annual reports listing the use and discharge of some 60 “critical materials” which can be harmful to the environment if improperly released.
The motion passed by voice vote
Amendment offered
by
To retain a requirement in current law that permit holders file annual reports listing the use and discharge of some 60 “critical materials” which can be harmful to the environment if improperly released. The information in the report is also collected by other means, but not in a single report from each permit holder.
The amendment passed 65 to 38 (details)
Passed in the House 79 to 27 (details)
Wastewater and stormwater discharge fees on permit holders. The fees are set in the bill, and vary according to the size and type of facility. The House version denies the Department of Environmental Quality authority to make new water pollution rules without specific legislative authority, and eliminates a provision in current law which allows the state to prosecute alleged violators in Ingham County, rather than in their local courts. 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.
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.
Passed in the Senate 21 to 17 (details)
To adopt a compromise version of the bill reported by a House-Senate conference committee. This contains the major elements of the House-passed version. It levies $3 million in wastewater and stormwater discharge fees on permit holders, which will pay part of the $5.4 million the Department of Environmental Quality says is the cost of the permit program. Significantly, the conference report contains the House-passed provision which denies the Department of Environmental Quality authority to make new water pollution rules without specific legislative authority. It also has lower fees for agriculture and higher ones for municipalities compared to earlier versions.
Passed in the House 55 to 46 (details)
Received
To adopt a second compromise version of the bill reported by a House-Senate conference committee, following negotiations between legislative leaders and Gov. Jennifer Granholm, who was expected to veto the first conference report. This compromise levies approximately $3 million in flat-fees on wastewater and stormwater discharge permit holders. This amount is not capped. This conference report eliminates the provision that denies the Department of Environmental Quality authority to make new water pollution rules, but includes the provision repealing a current law allowing the state to prosecute alleged violators in Ingham County, rather than in their local courts.
Motion to reconsider
by
The vote by which the first conference report was adopted.
The motion passed by voice vote
Passed in the House 0 to 102 (details)
To adopt a second compromise version of the bill reported by a House-Senate conference committee, following negotiations between legislative leaders and Gov. Jennifer Granholm, who was expected to veto the first conference report. This compromise levies approximately $3 million in flat-fees on wastewater and stormwater discharge permit holders. This amount is not capped. This conference report eliminates the provision that denies the Department of Environmental Quality authority to make new water pollution rules, but includes the provision repealing a current law allowing the state to prosecute alleged violators in Ingham County, rather than in their local courts.
Passed in the Senate 34 to 4 (details)
Passed in the House 74 to 31 (details)
To adopt the second compromise version of the bill reported by a House-Senate conference committee, following negotiations between legislative leaders and Gov. Jennifer Granholm, who was expected to veto the first conference report. This compromise levies approximately $3 million in flat-fees on wastewater and stormwater discharge permit holders. This amount is not capped. This conference report eliminates the provision that denies the Department of Environmental Quality authority to make new water pollution rules, but includes the provision repealing a current law allowing the state to prosecute alleged violators in Ingham County, rather than in their local courts.
