Tag: michigan legislature

Michigan Legislature: Important environmental bills we’re tracking this fall

With the Michigan Legislature’s summer break almost over, and less than 100 days until the election, the focus of legislators on both sides of the aisle will shift to their hometown districts. The outcome of the November polls – where Democrats will strive to maintain their majority in the House and Senate, and Republicans will seek control of the House – will significantly shape the legislative landscape. In September, the legislature will hold several sessions to pass important bills and a possible supplemental budget – all of which will be influenced by the upcoming elections. Following the election is the so-called “lame-duck” session, which is an opportunity to pass legislation less unencumbered by electoral considerations.

As lawmakers gear up for the November lame-duck session, we at FLOW are keeping strategic focus on the following legislative efforts:

Polluter Pay Accountability

“Polluter Pay” is the common-sense idea that companies that contaminate our environment and water should be responsible for cleaning up their messes. Michigan had Polluter Pay laws on the books in the early 1990s, which were subsequently gutted by the business-coddling Republican Engler and Snyder administrations. Today, there are over 24,000 polluted sites in Michigan (11,000 of which are considered “orphan sites” without a responsible paying party), and 66,332 acres have land-use restrictions due to contamination.

A package of bills to bring back polluter accountability has been introduced in both the Senate and the House; however, none of the package bills have been scheduled for a hearing in either chamber. The House has referred House Bills (HBs) 5241-5247 to the Committee on Natural Resources, Environment, Tourism, and Outdoor Recreation, while the Senate has referred Senate Bills (SBs) 605-611 to the Committee on Energy and Environment. Due to the complexity of this package, concerns have been raised about the likelihood of passage in the fall.

There is widespread support among voters who no longer wish to foot the bill for the contamination created by corporations, but it has faced significant opposition from DOW, automotive, utility, and chemical industries, all of which will be impacted by these bills if they are to pass in the lame-duck session. Despite the questionable future of this package, we remain optimistically hopeful that we can clean up Michigan’s industrial legacy, and to promote lasting water stewardship and land management.

FLOW’s report, “Making Polluters Pay: How to Fix State Law and Policy to Protect Groundwater and Michigan Taxpayers,” offers a comprehensive overview of the background and evolution of “Polluter Pay” laws in Michigan.

Statewide Septic Code

House Bills (HBs) 4479 and 4480, along with Senate Bills (SBs) 299 and 300, have been introduced in both the Senate and House. HBs 4479 and 4480 have been referred to the Committee on Natural Resources, Environment, Tourism, and Outdoor Recreation. SBs 299 and 300 have been referred to the Committee on Energy and Environment. None of the bills have been scheduled for a hearing in either chamber. 

The purpose of this legislation is to initiate regular inspections and necessary maintenance for all 1.3 million septic systems in the state of Michigan. Additionally, the proposed legislation would establish an inspection registry, an accreditation process for inspectors, and a technical advisory group to provide guidance on septic system maintenance. Michigan – which lies at the heart of the Great Lakes – is the only state in the country without statewide septic standards.

FLOW has been working with a coalition of groups, including SEMCOG, the Michigan Municipal League, local government organizations, and the environmental community to propose solutions that reconcile conflicting opinions on the bill, create a path for its implementation, and address the urgent threat posed by failing septic systems to our lakes, rivers, and groundwater.  

Opposition to these bills comes mainly from local and regional Health Departments, which are concerned about insufficient resources and capacity to conduct inspections; and Realtors, who are worried about a time-of-sale inspection approach. To ensure the passage of these bills during the lame-duck session, it is crucial for every Democratic legislator to vote in favor, given the absence of support from Republican legislators.For more details, check out FLOW’s Policy Brief, “The Case for a Statewide Septic Code in Michigan.”

Stormwater Utilities

Senate Bill 660 was introduced in the fall of 2023 and subsequently referred to the Committee on Local Government. A hearing was held on June 4, 2024, but no vote was taken. This legislation would enable small and mid-sized communities in Michigan to legally establish stormwater utilities and secure a reliable funding source for this crucial infrastructure. The legislation, however, does not mandate any community to establish such stormwater utilities. 

A stormwater utility is a mechanism through which localities provide stormwater management infrastructure, funded by fees paid by property owners. Fees are based on the amount of impervious surfaces, such as parking lots and driveways, rather than property taxes. This allows all properties, including tax-exempt properties, to contribute to the fund.

By granting legal authority and allocating funding mechanisms to utilities, communities can effectively enhance their ability to construct more resilient stormwater management systems. FLOW and many other environmental advocates, such as the MI Water Environment Association, Great Lakes Water Authority, and the Michigan Municipal League, supported this legislation during the hearing. Although this bill is less controversial and local governments could choose whether and how to run a stormwater utility, it still has tough opposition from groups such as various Chamber of Commerce and Realtor Associations.  For more information, see FLOW’s policy brief, “Revolutionizing Stormwater Management through Stormwater Utilities and Green Infrastructure.”

Other items in the works: 

Trichloroethylene (TCE) – A forthcoming bill set to be introduced this fall aims to prohibit the manufacturing, usage, and distribution of trichloroethylene (TCE) in the state of Michigan. This legislation is designed after a federal initiative seeking to outlaw TCE, a hazardous chemical known to cause cancer and have serious non-cancer health effects.

Extended Producer Responsibility (EPR) and Plastics – Michigan currently has legislation on EPR for products including desktops, laptops, monitors, printers, tablets, and televisions. 

EPR is an environmental policy that holds producers responsible for a product’s entire lifecycle, from design to end of life. EPR policies encourage producers to consider environmental factors when designing products and packaging, and to make them more sustainable and recyclable. As of June 2024, five states in the U.S. have adopted EPR legislation, and other states are contemplating joining this movement to address plastics pollution and recycling. 

Lawmakers are now considering EPR legislation to assign financial responsibility to producers of product packaging. It is imperative for producers to actively engage and be part of the solution in addressing the plastic crisis. The primary objective will be to encourage manufacturers to adopt standardized packaging for improved recyclability, and to foster comprehensive improvements in the recycling industry. 

MI Public Water Trust Fund – FLOW developed this model legislation, the Michigan Public Water Trust Act (PDF), to bring the colliding crises of water extraction, failing infrastructure, and water affordability under a comprehensive legal framework, and to recalibrate Michigan’s priorities on protecting its water and its people. Michigan and the seven other Great Lakes states should pass this model legislation drafted by FLOW in order to:

  • Affirm public ownership over water,
  • Protect sensitive water resources,
  • Prohibit the sale of water, except for the sale of bottled water authorized by a royalty licensing system, and
  • Recoup for public purposes royalties derived from these bottled water sales.

This model law places royalties into a public water, health and justice trust fund to serve people and communities for specific dedicated public purposes, such as replacing lead service lines or creating water affordability plans for disadvantaged people or cities and rural communities.

Policy Brief: Polluter Accountability in Michigan

Download the policy brief: Polluter Accountability (PDF)

The repeal of the Polluter Pay law has cost Michigan taxpayers over $1.5 billion over the past 25 years1. Polluters have walked away from more than 3,000 contaminated sites with groundwater and soil too polluted to use, leaving taxpayers on the hook for billions more.

The rollback has compromised the health and safety of Michigan residents, and put an unjustifiable financial burden on taxpayers who are forced to bear the cost of cleaning up the messes created by corporate polluters. Common sense reforms to bring back polluter accountability will enable Michigan to chart a sustainable future and help communities and businesses thrive. The people of Michigan deserve accountability and justice for the harm caused by blatant polluters, and an end to this flagrant disregard for groundwater and human health. Download our policy brief above, and also see FLOW’s report, Making Polluters Pay, for a more detailed history.


1Fiscal Year 2020 State Environmental Cleanup Programs Report, EGLE (2021), https://www.michigan.gov/egle/-/media/Project/Websites/egle/Documents/Reports/Boilerplate/Report-FY2020-Consolidated.pdf

 

 

Gov. Whitmer signs “No Stricter Than Federal” roll-back: Why it matters

Michigan is once again free to enact environmental protections critical to the health of our environment and residents.

Updated July 31, 2023

On July 27, 2023, Governor Gretchen Whitmer signed Senate Bill 14, which passed the State House of Representatives on June 28 by a 56-52 vote. With her signature, the 2018 state statute that barred the state from adopting environmental standards stronger than those in federal law is now undone.

For more than five decades, Michigan has been a leader among the states in shutting down toxic chemicals, protecting sensitive habitats, and safeguarding children’s environmental health. The 2018 “no stricter than federal” law is inconsistent with Michigan’s 1969 ban on DDT, 1977 phosphorus detergent standard, and 1980 wetlands protection act.

The 2018 law was enacted during the last hours of that year’s lame-duck legislative session and the last days of Governor Rick Snyder’s administration, giving the public no chance to weigh in with comments on the bill.

Ironically, if the law had passed earlier in the session, it would have prevented one of Snyder’s own initiatives. After mishandling the contamination of the Flint water supply due to lead pipes, the former Governor supported a new, strict state action level of 12 parts per billion of lead, compared to the-then federal standard of 15 parts per billion, and boasted that it was the toughest in the nation.

Had the law remained in effect, it could also have prevented the state from setting stricter-than-federal drinking water standards for seven toxic chemicals from the PFAS class. Exposure to the so-called “forever “chemicals has been linked to numerous human health effects. Governor Whitmer directed EGLE to promulgate PFAS drinking water standards in 2019. The agency did so, but PFAS manufacturers sued to stop them from taking effect. Meanwhile, U.S. EPA has proposed PFAS drinking water standards that are in some cases less strict than the Michigan standards.

The sponsor of Senate Bill 14, State Senator Sean McCann of Kalamazoo, said “federal standards across the board are usually set to the lowest common denominator. Michigan, because of its unique place nestled in the heart of the Great Lakes, needs the authority to set higher standards for the protection of our natural resources, especially water.”

Congress passed federal environmental laws in the 1960s and 970s to set a national floor of protection below which no state law could fall, while leaving room for individual states to go farther in protecting their environment. But, says FLOW executive director Liz Kirkwood, the 2018 law made the national floor the state’s ceiling.

“Michigan must be free to protect our rivers and air, wetlands and drinking water, to meet Michigan’s needs,” she said.

Read our previous analysis of “no stricter than federal” >>

 

Gov. Whitmer, Michigan Legislature Agree on Funding for Clean Water

By Dave Dempsey

Although budget talks between Michigan Gov. Gretchen Whitmer and the state Legislature are strained at best — as the two sides appear deadlocked over road funding — it does appear her request for significant one-time funding for clean water for the fiscal year 2020 starting October 1 will survive the process, with some changes made to fit legislative priorities. On Tuesday, Sept. 24, the Legislature approved the water money and will send the bill to Whitmer’s desk for signature within a few days.

The action comes after a long delay in consideration of the Governor’s proposal. “Communities across Michigan are grappling with drinking water contamination, like toxic PFAS chemicals and lead from old pipes, yet discussion about it has been noticeably absent in Lansing as they work to pass a budget. Clean, safe drinking water is not a partisan issue and should be a top priority, not an afterthought,” said Lisa Wozniak, executive director of the Michigan League of Conservation Voters (LCV), earlier this month.

A House-Senate conference committee had sent a proposed appropriation for the Department of Environment, Great Lakes and Energy (EGLE) to the full State House and Senate. FLOW’s allies in Lansing at the Michigan Environmental Council and Michigan League of Conservation voters say the conference bill contains $120 million in one-time money for drinking water protection, including:

  • $40 million for PFAS and emerging contaminants
  • $35 million for drinking water revolving loan fund community debt forgiveness
  • $30 million for lead and copper rule implementation
  • $7.5 million for water affordability planning
  • $7.5 million for private water well testing

UPDATE:  Governor Whitmer vetoed $15 million intended for dealing with PFAS at municipal airports on the grounds that a broader use of the funding for PFAS us needed.

    Also included:
    • $1.9 million and the equivalent of 10 staff positions for a drinking water compliance unit to provide technical assistance to communities on the lead and copper rule. 
    • $5 million as a state match for federal drinking water revolving loan fund dollars.
    • $307,000 additional funding for contaminated site investigations.
    An item of concern, added by legislators, is an earmark of $150,000 for the Environmental Rules Review Committee to contract with consultants. This committee was created by the Legislature and signed into law by former Governor Snyder to impede environmental rulemaking.
    UPDATE:  Governor Whitmer vetoed the $150,000 in funding for this committee.
    The Governor also requested $60 million for school hydration stations to protect children from drinking lead-contaminated water, but so far the Legislature has not included the money in the fiscal year 2020 budget.
    Dave Dempsey is the Senior Policy Advisor at FLOW.

    FLOW Submits a Nonpartisan Comment on Proposed Senate Bill 409


    FLOW has contacted key Michigan lawmakers to ask them to defend the public's Great Lakes waters and submerged lands from intrusion.

    Legislation before the House Committee on Natural Resources exceeds the Legislature's powers and puts publicly owned waters and submerged lands at risk. S.B. 409 allows private riparian landowners to occupy Great Lakes submerged lands (which belong to the public) and construct private noncommercial harbors adjacent to their upland riparian property.

    FLOW said this sets a terrible precedent that could lead to other private interests seeking to make private ownership claims on the Great Lakes and their submerged lands. In an 1892 decision, the U.S. Supreme Court ruled that states cannot cede these submerged lands and waters to private parties because the title to them is "held in trust for the people of the state, that they may enjoy the navigation of waters, carry on commerce over them, and have liberty of fishing therein free from the obstruction or interference of private parties.”

    S.B. 409 runs afoul of Supreme Court precedent and sound stewardship of our waters, and should be rejected.