Bill Text: MI HB5657 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Natural resources; other; public trust resources; protect. Amends sec. 3103 of 1994 PA 451 (MCL 324.3103) & adds pt. 4.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-02-28 - Bill Electronically Reproduced 02/27/2018 [HB5657 Detail]

Download: Michigan-2017-HB5657-Introduced.html

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HOUSE BILL No. 5657

 

 

February 27, 2018, Introduced by Reps. Rabhi, Sabo, Neeley, Lucido, Hammoud, Elder, LaGrand, Yanez and Sowerby and referred to the Committee on Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 3103 (MCL 324.3103), as amended by 2005 PA 33,

 

and by adding part 4.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                    PART 4 PUBLIC TRUST RESOURCES

 

     Sec. 401. (1) The natural resources of this state are central

 

to the health, economic well-being, and happiness of the people of

 

this state and are held in the public trust for the benefit of the

 

people of this state. The air, water, soil, and other natural

 

resources of this state that are held in the public trust shall be

 

protected from pollution, impairment, and destruction for the

 

benefit of future generations. The obligation to manage natural

 

resources in the public interest shall not be ceded by this state

 

to any other entity.

 

     (2) The waters of this state, including groundwater, are held

 

in the public trust by this state. The public trust in the waters

 

of this state applies to both the quantity and quality of the

 

water. Within 180 days after the effective date of the amendatory

 

act that added this section, the department and the department of

 

environmental quality shall review rules promulgated under this act

 

to ascertain whether they sufficiently ensure the protection of the

 

public trust interest in the waters of this state. If the

 

department or the department of environmental quality determines

 

that new or revised rules are necessary to manage the waters of

 

this state in the public interest, that department shall promulgate

 

new rules or revisions to existing rules within 1 year after the

 

effective date of the amendatory act that added this section.

 

     (3) The attorney general, on behalf of this state, or any

 

other person, may maintain an action to remedy an injury to the

 

public trust interest in the quantity or quality of the waters of

 

this state or to other natural resources in the public trust. An

 

action under this subsection shall be brought in the circuit court

 

having jurisdiction to enforce the public trust, either alone or in

 

conjunction with other provisions of this act or other legal

 

remedies that are appropriate. The circuit court may apportion

 

costs, including attorney fees, if the interests of justice

 

require.

 

     Sec. 3103. (1) The department shall protect and conserve the

 

water resources waters of the state and shall have control of the

 

pollution of surface or underground waters of the state and the

 

Great Lakes, which are or may be affected by waste disposal of any

 

person. The department may make or cause to be made surveys,

 

studies, and investigations of the uses of waters of the state,

 

both surface and underground, and cooperate with other governments

 

and governmental units and agencies in making the surveys, studies,

 

and investigations. The department shall assist in an advisory

 

capacity a flood control district that may be authorized by the

 

legislature. law. The department, in the public interest, shall

 

appear and present evidence, reports, and other testimony during

 

the hearings involving the creation and organization of flood

 

control districts. The department shall advise and consult with the

 

legislature on the obligation of the state to participate in the

 

costs of construction and maintenance as provided for in the

 

official plans of a flood control district or intercounty drainage

 

district.

 

     (2) The department shall enforce this part and may promulgate

 

rules as it considers necessary to carry out its duties under this

 

part. However, notwithstanding any rule-promulgation authority that

 

is provided in this part, except for rules authorized under section

 

3112(6), the department shall not promulgate any additional rules

 

under this part after December 31, 2006.

 

     (3) The department may promulgate rules and take other actions

 

as may be necessary to comply with the federal water pollution

 

control act, 33 USC 1251 to 1387, and to expend funds available

 

under such that law for extension or improvement of the state or

 

interstate program for prevention and control of water pollution.

 

This part shall does not be construed as authorizing authorize the

 

department to expend or to incur any obligation to expend any state

 

funds for such purpose in excess of any amount that is appropriated

 

by the legislature.

 

     (4) Notwithstanding the limitations on rule promulgation under

 

subsection (2), rules promulgated under this part before January 1,

 

2007 shall remain in effect unless rescinded.