Fwd: MWAC Newsletter - Bill Analysis
TJ Patrick
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A Monthly Publication
Friday September 4, 2009
In This Issue:
· WETLAND BILL SB 785 INTRODUCED
· ANALYSIS OF SB 785
· HEARING SCHEDULED NEXT WEDNESDAY ON SB 785
SB. 785 INTRODUCED
Senate Bill 785 was introduced by Senator Birkholz on August 27, 2009.
Below is portion of the Bill Analysis provided by the Senate Majority
Policy Office.
SHORT SUMMARY:
This bill will provide for significant reform to the state’s wetlands
protection program by implementing a new permitting regimen that
adopts many of the components of the federal program while still
retaining Michigan’s current section 404 assumption.
Features include:
· Adoption of federal nationwide and regional General Permits.
· Adoption of the federal definition of wetlands.
· Adoption of the federal standard for beach grooming and
mowing in designated areas.
· Funding for a three-year program that eliminates need for
General Fund support.
· Testing of new proposals to allow conservation districts and
local units of government and other organizations to assist directly
in wetland permitting work.
· Testing of new proposals to create and enhance wetland
mitigation bank.
· Adoption of a new cranberry farming expansion program to
help facilitate the development of cranberry farming in Michigan.
· Suspension of the DEQ’s operational memorandum that has led
to confusion over how the feasible and prudent alternative analysis
has been conducted by DEQ staff. The bill instead requires the DEQ to
follow the application of the federal standard.
· Requirement that the DEQ coordinate and integrate the
appropriate multi-part permits for projects that involve more than
just a wetland permit (floodplains, submerged lands, inland lakes and
streams).
ANALYSIS OF SB 785
There are significant concerns with SB 785 as introduced. That being
said, some changes have already been made to the bill that was
introduced. But some issues are still outstanding and still being
worked on at this time.
One of those issues is of the primary concern and it relates to
feasible and prudent alternative analysis. Before the DEQ approves a
permit, the applicant must first prove there are no feasible and
prudent alternative available that would avoid or minimize the impacts
to the wetlands. This is one of the specific standards that must be
met before a permit is issued and the rationale behind this test is
simple: if there is a way to accomplish the goals of the project in a
way that does less damage to the wetland, then it should be utilized.
The provision in the bill requires that the DEQ implement feasible and
prudent alternative analysis only to the extent that they are “not
more stringent than corresponding federal rules.” Since Michigan’s
program relies on state, rather than federal law, it is not impacted
by changes in the federal program. The entire point of Michigan having
state law is so that we can determine what is best for our environment
and citizens. This is a benefit to the state program and benefit
should be maintained. After all, what is the point of keeping the
program in Michigan if we are simply going to implement the federal
standards.
There is also other concern with respect to the other provisions
associated with the feasible and prudent alternative analysis,
especially since it is a fundamental element of the Michigan’s wetland
protection program, but restricting Michigan to federal standards is
of the greatest concern.
An additional concern relates to cranberry farming. There is the
designation of construction of cranberry beds to be a water dependent
activity. However, the language in the original bill also extends the
designation to wetland dependent. A wetland dependent designation will
allow cranberry operations to be developed in wetlands throughout the
state resulting in the potential loss of thousands of acres of
wetlands and it could be in any wetland including high quality fens
and bogs.
Additionally, this bill fails to include a 35%, cost of living, fee
increase. This fee increase was originally part of the discussion and
was to be included in the bill. There are significant benefits for the
regulated community with the changes made in this bill and they should
pay for at least some of these many benefits. More importantly,
without additional fees, more money will have to be taken from the
Clean Michigan Initiative which is dedicated to other water quality
initiatives.
The Michigan Wetland Action Coalition (MWAC), a project of Tip of The
Mitt Watershed Council, is a network of wetland protection advocates
across the state. MWAC is focused on promoting sound wetland
protection policies at the state and federal level through education
and advocacy.
Tip of the Mitt Watershed Council
426 Bay Street , Petoskey, Michigan 49770
Phone: (231) 347-1181 x 114
Fax: (231) 347-5928
Email: jenn...@watershedcouncil.org
Web: http://www.michiganwetlands.org/