Bill Text: MI HB4827 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Natural resources; nonnative species; federal ballast water standard; require advisory council to recommend. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding secs. 41401 & 41411. TIE BAR WITH: HB 4826'11, HB 4828'11

Spectrum: Moderate Partisan Bill (Republican 13-3)

Status: (Introduced - Dead) 2012-01-17 - Re-referred To Committee On Natural Resources, Tourism, And Outdoor Recreation [HB4827 Detail]

Download: Michigan-2011-HB4827-Introduced.html

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HOUSE BILL No. 4827

 

June 28, 2011, Introduced by Reps. Pettalia, Price, Hughes, Nesbitt, Haveman, Irwin, Lund, Walsh, Liss, Potvin, Pscholka, Rutledge, O'Brien, Lyons, Franz and Tyler and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by adding sections 41401 and 41411.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 41401. As used in this part:

 

     (a) "AIS" means aquatic invasive species.

 

     (b) "Council" means the aquatic invasive species advisory

 

council created in section 41405.

 

     (c) "Draft next vessel general permit" means the draft permit

 

that the EPA prepares and publishes notice of in accordance with 40

 

CFR 124.6 and other applicable regulations before issuing the next

 

vessel general permit.

 

     (d) "EPA" means United States environmental protection agency.

 

     (e) "Great Lakes commission" means the Great Lakes commission

 

created by the Great Lakes basin compact established by joint

 

legislative action of the Great Lakes states in 1955 and granted

 

congressional consent through Public Law 90-419.

 

     (f) "Great Lakes states" means Michigan, Illinois, Indiana,

 

Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.

 

     (g) "Next vessel general permit" means the permit the EPA

 

issued to supersede the vessel general permit.

 

     (h) "Vessel general permit" means the general permit entitled

 

"Final National Pollutant Discharge Elimination System (NPDES)

 

General Permit for Discharges Incidental to the Normal Operation of

 

a Vessel" announced at 73 FR 79,473 (December 29, 2008).

 

     Sec. 41411. The council shall develop recommendations

 

regarding this state's comments on the draft next vessel general

 

permit and certification response to the draft next vessel general

 

permit under section 401 of title IV of the federal water pollution

 

control act, 33 USC 1341, including a proposed ballast water

 

treatment standard. The council shall provide its recommendations

 

to the governor upon request. Such recommendations are nonbinding

 

and advisory in nature and may be used at the discretion of and in

 

the manner determined by the governor. The council's

 

recommendations under this section shall be suitable for use by the

 

executive branch in collaborating with other Great Lakes states to

 

achieve a consistent position on the draft next vessel general

 

permit. In developing its recommendations, the council shall

 

regularly consult with the Great Lakes commission and the

 

department of environmental quality, including the office of the

 

Great Lakes.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 96th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No.____ (request no.

 

01123'11).

 

     (b) Senate Bill No.____ or House Bill No.____ (request no.

 

03115'11).