Tag: data centers

FLOW’s “lame duck” session priorities for water

Published on November 20th, 2024 by - Blog Posts

What is the “lame duck” session in Lansing?

Lame duck is a legislative session that begins after a November election but before new members take the oath of office in January. ‘Lame duck’ refers to the fact that many legislators voting in November and December are retiring or were defeated and are considered lame ducks. Both Congress and the Michigan Legislature often hold lame-duck sessions to resolve thorny issues where lame ducks are free to vote without consequences to their re-election.

This year’s lame-duck dates are tentatively planned for November 6 – December 19 for the Senate and November 7 – December 19 for the House. During this unique time, we have the power to urge the Michigan legislature to make the right decision and protect our precious environment. We encourage you to reach out to your legislators to represent our collective voice on the following Great Lakes priorities:

Statewide Septic Code

Michigan has spent over two decades attempting to implement a statewide septic code. We can finally accomplish this with HB 4479–4480 and SB 299–300. More than 1.3 million homes and businesses in Michigan use septic systems to treat household sewage and wastewater. If not maintained, failing septic systems can contaminate drinking and groundwater and release bacteria, viruses, and household chemicals into lakes and rivers. Proper septic system maintenance protects public health and the environment. Only 11 of Michigan’s 83 counties require inspections. And Michigan is the only state in the nation without a statewide code. FLOW has been working with a diverse coalition of stakeholders for almost 2 years to ensure environmental considerations are included in each draft of the bills, an incredibly vital part of establishing a sustainable statewide septic code. Tell your legislators that you SUPPORT a statewide septic code for Michigan!

Polluter Accountability

EGLE estimates there are 26,000 contamination sites in Michigan, about 13,000 where no potentially responsible party (PRP) can be identified. Michigan’s current contamination cleanup laws fail to hold many potentially responsible parties accountable, forcing the public taxpayers to pay for cleanup or leaving sites contaminated, with an estimated price tag of up to 13 billion dollars. This is not an abstract concern. Sites where contamination is left in place have resulted in evacuations of nearby residences, offices, and a daycare center to protect public health. Many sites with institutional controls may become hazards in the future.

Polluter Pay legislation, SB 605-611 and HB 5241-5247 restores the common-sense principle that polluters should pay to clean up their contamination by ensuring that both past and present owners and operators are defined as legally responsible parties. Equally important, it will deter future pollution by clarifying that the state will have the legal tools necessary to enforce the law and strengthen the cleanup criteria based on the best available scientific data. In sum, the legislation places the responsibility and allocates the risk of future releases on those who control the use of hazardous materials. SUPPORT for this legislation is critical to the health and well-being of our communities.

Part 31 – Environmental Agency Rulemaking Authority

Two decades ago, the legislature made amendments to Part 31 of the Natural Resources and Environmental Protection Act (NREPA) that have created ongoing and increasingly severe legal jeopardy for the state, with a growing likelihood of litigation and administrative actions as Michigan falls out of compliance with a variety of legal obligations due to regulatory neglect. If unremedied, this situation will continue to cause unlawful pollution of water and natural resources and become more costly, with consequences including the potential loss of authority to implement federal environmental regulatory programs. Failure to update water quality regulations in line with federal standards could result in Michigan losing its delegated authority to manage its Clean Water Act discharge permitting program, similar to the situation that occurred in Wisconsin. We urge you to ask your legislators to SUPPORT HB 5205 to safeguard Michigan’s waters and avoid legal complications.

Data Centers

Data centers have significant impacts on our environment and public health – including water use, energy use, land use, and noise – especially if backup diesel generators are employed. Data centers, without necessary environmental safeguards, are an imminent threat to climate progress and freshwater resources. Our commitment to renewable energy and abundant water resources makes our state attractive to these companies, but we must prioritize protecting our water, air, and ratepayers while encouraging economic development. We can do both with well-crafted legislation.

However, HB 4906 and SB 237, data center use and tax bills, fail to incorporate any meaningful environmental protections. Michigan has the leverage now to maximize the benefit statement for local governments and residents, and that leverage is lost after tax incentives become law. The impact of these policies will resonate for decades, so we must get the policy correct now to ensure that we are meeting our clean energy and clean water goals. Ask your legislator to OPPOSE HB 4906 and SB 237 as written.

Stormwater Utilities

Over the past few decades, Michigan has faced an increase in unpredictable storm events. Unfortunately, our existing stormwater infrastructure is not built to handle the frequency and intensity of these storms, creating problems with water runoff and flooding.

This, in turn, has led to problems such as water pollution, algal blooms, beach closures, threats to public health, and increased infrastructure costs to taxpayers. Polluted runoff also contaminates the environment and endangers aquatic life. Stormwater utilities can be a part of the solution, by enabling communities to fund modern, green stormwater infrastructure and protect the environment and public health.

FLOW is working to develop a legislative solution to enable small and mid-sized communities in Michigan to legally establish stormwater utilities and secure a reliable source of funding for this crucial infrastructure. Stormwater utilities are an essential tool for managing and mitigating the negative impacts of stormwater runoff, including flood damage, erosion, and pollution.

Michigan leaders hit “pause” on tax breaks for water-guzzling big tech data centers

Published on July 12th, 2024 by - Blog Posts

The environmental community has achieved a major victory – although temporary – in convincing legislative leaders to press the “pause” button on a set of bills that would pose a significant threat to the Great Lakes.

Slated for a final vote in the House of Representatives on the last day of session before the summer recess on June 25, the bills sought to offer tax incentives to Big Tech companies such as Amazon, Microsoft, and Google to build new data centers in Michigan. But the bills did not adequately address the extraordinary energy and water needs of data centers and the threat to vital groundwater aquifer resources, and could potentially jeopardize Michigan’s ability to meet its new climate energy goals passed in November 2023.

Lawmakers and environmental organizations will work on the bills over the summer to see whether these concerns can be addressed.

“The Great Lakes are vital resources for all the communities that surround them,” said FLOW Executive Director Liz Kirkwood. “As we look to the future, citizens and policymakers must carefully consider the impact of high-volume energy and water consumption on this precious natural resource. We must ensure that the terms set for such consumption are clear and protective of the Great Lakes.”

One crucial consideration for Michigan is transitioning from traditional Rust Belt industries to more sustainable Blue Belt industries. Communities across the Great Lakes Basin recognize the economic potential of the Great Lakes, which comprise the third largest economy in the world. As we move forward, it’s important to champion and steward the Great Lakes, inviting industries that will prioritize the well-being of this invaluable natural resource.

Recognizing the obstacles encountered by Environmental Justice Communities (EJC), it is vital for legislators to actively engage these communities in the decision-making processes regarding the preservation and management of the Great Lakes. For example, we should leverage data center development in Michigan to help ensure safe and affordable water by requiring state-of-the-art water efficiency practices and utilizing existing capacity at municipal water systems. Further, priority must be given to community water systems devastated by reduced revenue caused by a shrinking base of ratepayers, while also ensuring that the data centers protect the health of residents in those communities. We should prioritize using existing municipal water infrastructure, rather than relying on extracting precious groundwater resources.

Environmental justice communities have a crucial role in influencing policy related to the Great Lakes. These communities have and must continue to voice their lived experience and knowledge to our lawmakers, and those lawmakers must respond constructively. By actively participating in the policymaking process, EJC can help ensure that the protection and preservation of the Great Lakes water system, as well as equity considerations, are included in any proposed legislation.