Bill Text: MI SB0123 | 2011-2012 | 96th Legislature | Engrossed

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Bill Title: Environmental protection; groundwater contamination; Michigan agriculture environmental assurance program (MAEAP); codify. Amends secs. 8702, 8703, 8704, 8705, 8706, 8707, 8708, 8709, 8710, 8713, 8714, 8715 & 8716 of 1994 PA 451 (MCL 324.8702 et seq.) & adds sec. 8713a. TIE BAR WITH: SB 0122'11

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Engrossed - Dead) 2011-02-16 - Referred To Committee On Agriculture [SB0123 Detail]

Download: Michigan-2011-SB0123-Engrossed.html

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SB-0123, As Passed Senate, February 16, 2011

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 123

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 8702, 8703, 8704, 8705, 8706, 8707, 8708,

 

8709, 8710, 8713, 8714, 8715, and 8716 (MCL 324.8702, 324.8703,

 

324.8704, 324.8705, 324.8706, 324.8707, 324.8708, 324.8709,

 

324.8710, 324.8713, 324.8714, 324.8715, and 324.8716), section 8703

 

as amended by 1995 PA 61, section 8707 as amended by 2000 PA 100,

 

section 8715 as amended by 2008 PA 18, and section 8716 as amended

 

by 2007 PA 174, and by adding section 8713a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8702. (1) "Activity plan" means a plan for the mitigation

 

of groundwater contamination at a specific location , including

 

that identifies all environmental risks and includes a time frame

 

for implementation of conservation practices to address the

 

environmental risks.

 

     (2) "Agronomic rate" means either of the following:

 

     (a) For pesticides, the application of pesticide contaminated

 

materials in such a manner as not to exceed legal labeled rates.

 

     (b) For fertilizers, the application of fertilizer

 

contaminated materials at rates not to exceed those recommended by

 

the Michigan state university cooperative extension, service,

 

taking all available sources of nutrients into account.

 

     (3) "Analyte" or "analytes" means the material or materials

 

that an analysis is designed to detect either qualitatively or

 

quantitatively.

 

     (4) "Conservation plan" means that term as it is defined in

 

part 82.

 

     (5) "Conservation practices" means that term as it is defined

 

in part 82.

 

     (6) (4) "Confirmation mechanism" means a scientific process

 

for the verification of detection of analytes in groundwater

 

utilizing at least 2 separate water samples collected at time

 

intervals of greater than 14 days from the same groundwater

 

sampling point and analyzed by peer reviewed and authenticated

 

laboratory methodologies.

 

     (7) (5) "Contaminant" means any pesticide or fertilizer

 

originated chemical, radionuclide, ion, synthetic organic compound,

 

microorganism, or other waste that does not occur naturally in

 

groundwater or that naturally occurs at a lower concentration than

 

detected.

 

     (8) (6) "Contamination" means the direct or indirect

 

introduction into groundwater the environment of any contaminant

 

caused in whole or in part by human activity.

 

     (9) (7) "Demonstration project" means a project designed to

 

illustrate the implementation and impact of alternate pesticide and

 

fertilizer management conservation practices.

 

     (10) (8) "Department" means the department of agriculture and

 

rural development.

 

     (11) (9) "Director" means the director of the department or

 

his or her designee.

 

     Sec. 8703. (1) "Envelope monitoring" means monitoring of

 

groundwater in areas adjacent to properties where groundwater is

 

contaminated to determine the concentration and spatial

 

distribution of the contaminant in the aquifer. "Environmental

 

assurance advisory council" means the environmental assurance

 

advisory council established in section 8708.

 

     (2) "Farm" means that term as it is defined in section 2 of

 

the Michigan right to farm act, 1981 PA 93, MCL 286.472.

 

     (3) "Farmer" means a person who owns or operates a farm.

 

     (4) (2) "Fertilizer" means a fertilizer as defined in part 85.

 

     (5) (3) "Fund" means the freshwater protection fund created in

 

section 8716.

 

     (6) (4) "General screening" means monitoring of groundwater

 

for the purpose of determining the presence and concentration of

 

analytes.

 

     (7) (5) "Groundwater" means underground water within the zone

 

of saturation.

 

     (6) "Groundwater advisory council" means the groundwater

 

advisory council established in section 8708.

 

     (7) "Groundwater impact potential" means the potential for

 

contamination of groundwater as a result of pesticide or nitrogen

 

fertilizer use.

 

     (8) "Groundwater protection rule" means a groundwater

 

protection rule promulgated under part 83 or part 85, or both.

 

     (9) "Groundwater resource protection level" means a maximum

 

contaminant level, health advisory level, or, if the United States

 

environmental protection agency has not established a maximum

 

contaminant level or a health advisory level, a level established

 

by the director of public health using a risk assessment protocol

 

established by rule under this part.

 

     (10) "Groundwater resource response level" means 20% of the

 

groundwater resource protection level. In cases where 20% of the

 

groundwater resource protection level is less than the method

 

detection limit, the method detection limit shall serve as the

 

groundwater resource response level.

 

     (11) "Groundwater stewardship practices" means any of a set of

 

voluntary practices adopted by the commission of agriculture

 

pursuant to section 8707 and designed to protect groundwater from

 

contamination by pesticides and fertilizers.

 

     (8) "MAEAP" or "Michigan agriculture environmental assurance

 

program" means the Michigan agriculture environmental assurance

 

program provided for in section 8710.

 

     (9) "MAEAP standards" means all of the following as adopted by

 

the commission of agriculture and rural development for the purpose

 

of implementing the Michigan agriculture environmental assurance

 

program:

 

     (a) Conservation practices.

 

     (b) Site-specific nutrient management plan requirements.

 

     (c) Emergency protocols.

 

     (d) Completed environmental risk assessments.

 

     (e) United States department of agriculture natural resources

 

conservation service practice standards.

 

     (f) Generally accepted agricultural and management practices

 

developed under the right to farm act, 1981 PA 93, MCL 286.471 to

 

286.474.

 

     (g) Other standards considered appropriate by the director.

 

     (10) "MAEAP-verified farm" means a farm determined by the

 

department as meeting applicable MAEAP standards through an on-site

 

evaluation.

 

     (11) (12) "Maximum contaminant level" means that term as it is

 

defined in title XIV of the public health service act, chapter 373,

 

88 Stat. 1660, and regulations promulgated under that act.

 

     (12) (13) "Method detection limit" means the minimum

 

concentration of a substance that can be measured and reported with

 

99% confidence that the analyte concentration is greater than 0 and

 

is determined from analysis of a sample in a given matrix that

 

contains the analyte.

 

     (13) (14) "Monitoring" means sampling and analysis to

 

determine the levels of pesticides or their breakdown products;

 

fertilizers or their residues; or other analytes as determined by

 

the director.

 

     Sec. 8704. (1) "Nitrogen fertilizer" means a fertilizer that

 

contains nitrogen as a component.

 

     (2) "On-site evaluation" system" means a specific set of

 

criteria used to voluntarily evaluate a person's farmer's property

 

with regard to determination of potential sources of contamination

 

environmental risks.

 

     (3) "Pesticide" means that term as it is defined in part 83.

 

     Sec. 8705. (1) "Registrant" means a person who is subject to

 

the registration requirements of that term as it is defined in part

 

83.

 

     (2) "Restricted use pesticide" means that term as it is

 

defined in part 83.

 

     (3) "Site-specific nutrient management plan" means a plan

 

designed to assist farmers in achieving MAEAP standards that

 

includes both of the following:

 

     (a) Conservation practices and nutrient management activities

 

that, when implemented as part of a conservation system, will help

 

to ensure that both production and natural resources protection

 

goals are achieved.

 

     (b) Proposed actions to address soil erosion, manure, and

 

organic by-products and their potential impact on water quality.

 

     (4) (3) "Specialty pesticide" means a disinfectant, sanitizer,

 

germicide, biocide, or other pesticide labeled solely for use

 

directly on humans or pets, or other pesticides labeled solely for

 

use in areas associated with the household or home life including

 

garden and ornamental uses or on institutional or industrial

 

premises, but excludes pesticides labeled for use on rights-of-way,

 

or other outdoor wide-area treatments.

 

     (5) (4) "State management plan" means a plan for the

 

protection of groundwater as required by the United States

 

environmental protection agency's labeling requirements for

 

pesticides and devices pursuant to 40 C.F.R. CFR part 156.

 

     (5) "Stewardship plan" means a set of practices, activities,

 

or procedures developed and implemented pursuant to this part to

 

provide operations that are in accord with groundwater stewardship

 

practices.

 

     (6) "Technical assistance" means direct on-site assistance

 

provided to individuals that is designed to improve implementation

 

of groundwater stewardship practices or groundwater protection

 

rules achieve MAEAP standards.

 

     (7) "Use" means the loading, mixing, applying, storing,

 

transporting, or disposing of a pesticide or fertilizer.

 

     (8) "Verification" means the on-site evaluation performed by

 

the department in accordance with protocols adopted by the

 

commission of agriculture and rural development to determine if

 

MAEAP standards have been met.

 

     (9) "Water monitoring" means monitoring of water in areas

 

adjacent to properties to determine the concentration and spatial

 

distribution of contaminants.

 

     Sec. 8706. The intent of this part is to reduce risks to the

 

environment and public health and promote economic development by

 

preventing groundwater contamination from pesticides and

 

fertilizers assisting farms in achieving MAEAP standards.

 

     Sec. 8707. (1) The director, in conjunction with Michigan

 

state university extension and the Michigan state university

 

agricultural experiment station, and in cooperation with the United

 

States department of agriculture natural resources conservation

 

service, the department of environmental quality, and other

 

professional and industry organizations, shall develop groundwater

 

stewardship conservation practices for approval by the commission

 

of agriculture and rural development and upon approval shall

 

promote their implementation.

 

     (2) The director, in conjunction with Michigan state

 

university, the department of environmental quality, and other

 

persons the director considers appropriate, shall develop a

 

protocols for voluntary on-site evaluation system for pesticide or

 

nitrogen fertilizer use evaluations. The on-site evaluation system

 

evaluations shall be designed to do all of the following:

 

     (a) Provide persons farmers with the ability to voluntarily

 

determine the relative groundwater impact potential posed by their

 

use of pesticides and nitrogen fertilizers risk of current

 

practices in relation to sources of contamination.

 

     (b) Provide persons farmers with the ability to determine the

 

degree to which farm operations are in accord with groundwater

 

stewardship practices MAEAP standards and applicable groundwater

 

protection rules law.

 

     (c) Prioritize operational changes at the site level intended

 

to protect groundwater on farms to protect groundwater and surface

 

waters from sources of contamination.

 

     (d) Guide persons farmers to appropriate technical and

 

educational materials.

 

     (e) Provide farmers with the opportunity for verification.

 

     (3) The director, in conjunction with the groundwater

 

environmental assurance advisory council, shall review and evaluate

 

the effectiveness of groundwater stewardship conservation practices

 

adopted approved under subsection (1).

 

     Sec. 8708. (1) The director shall establish a groundwater an

 

environmental assurance advisory council composed of all of the

 

following:

 

     (a) The director of the department of agriculture and rural

 

development.

 

     (b) The director of the department of natural resources

 

environmental quality.

 

     (c) The director of public health.

 

     (c) (d) The director of the Michigan state university

 

cooperative extension. service.

 

     (d) (e) The director of the Michigan state university

 

agricultural experimentation station.

 

     (e) (f) Representatives of all of the following as appointed

 

by the director to serve terms of 3 years:

 

     (i) The United States department of agriculture - stabilization

 

and conservation service farm service agency.

 

     (ii) The United States department of agriculture soil natural

 

resources conservation service.

 

     (iii) The United States geological survey.

 

     (iii) (iv) Soil and water conservation Conservation districts.

 

     (iv) (v) Agricultural producers Farmers and other agricultural

 

organizations.

 

     (v) (vi) Nongovernmental conservation and environmental

 

organizations.

 

     (vi) (vii) Regulated agricultural industries.

 

     (viii) Right-of-way applicators.

 

     (vii) (ix) Other persons as determined by the director.

 

     (viii) A member representing each regional environmental

 

assurance team established under section 8709.

 

     (2) The environmental assurance advisory council shall be co-

 

chaired by the representative from Michigan state university

 

extension and a representative from 1 of the farmers and other

 

agricultural organizations.

 

     (3) (2) The groundwater environmental assurance advisory

 

council shall advise the director on, but not limited to, the

 

following:

 

     (a) Groundwater stewardship practices MAEAP standards.

 

     (b) On-site evaluation system evaluations for verification of

 

specific aspects of a farming operation.

 

     (c) Groundwater protection rules established under part 83.

 

     (c) (d) Water quality and environmental monitoring.

 

     (d) Protocols for verification and revocation of verification.

 

     (e) Stewardship program MAEAP activities.

 

     (f) Interagency coordination of groundwater conservation

 

programs.

 

     (g) Prioritizing the activities of the groundwater stewardship

 

teams based on detections of pesticides in groundwater, nitrogen

 

concentrations in groundwater, groundwater impact potential

 

estimation, or other factors as determined by the director. The use

 

of money in the clean water fund created in section 8807 and other

 

funding sources to promote MAEAP and activities to encourage more

 

MAEAP-verified farms.

 

     (h) Options to increase assistance to assist small- and

 

medium-sized farms in achieving MAEAP standards.

 

     (i) The creation of subcommittees as needed to address

 

emerging and ongoing issues.

 

     (4) The environmental assurance advisory council shall do all

 

of the following:

 

     (a) Annually provide recommendations to the director on MAEAP

 

standards and protocols for verification and revocation of

 

verification for consideration by the commission of agriculture and

 

rural development.

 

     (b) Annually submit a report to the department that outlines

 

activities, accomplishments, and emerging issues. The department

 

shall share this report with the agriculture community.

 

     (c) Not later than September 30, 2014, submit to the director

 

a comprehensive report detailing program achievements under the

 

Michigan agricultural environmental assurance program.

 

     Sec. 8709. (1) The director shall may establish regional

 

groundwater stewardship environmental assurance teams composed of

 

departmental, educational, and technical assistance personnel, and

 

other persons as determined necessary by the director, or the team,

 

or both for implementation of programs developed under this part.

 

     (2) The groundwater stewardship environmental assurance teams

 

established under subsection (1) are responsible for implementation

 

of programs developed under this part, including, but not limited

 

to, the provision of all of the following:

 

     (a) Educational Providing access to educational opportunities

 

including direct educational assistance and consulting programs;

 

demonstration projects; educational programs; and tours, workshops,

 

and conferences.

 

     (b) Technical assistance for persons making changes consistent

 

with groundwater stewardship practices or groundwater protection

 

rules, on-site evaluation of practices that may impact groundwater,

 

the development and implementation of stewardship plans, and the

 

development and implementation of activity plans. Providing access

 

to technical assistance related to any of the following:

 

     (i) On-site evaluation of practices that may impact natural

 

resources.

 

     (ii) The development and implementation of conservation plans.

 

     (iii) The development and implementation of activity plans for

 

persons making conservation practice changes.

 

     (c) Private well sampling, grants-in-aid for persons in the

 

stewardship program, emergency response, and land application of

 

pesticide and fertilizer contaminated materials. Evaluating, as

 

available, grants to persons implementing activity plans and

 

conservation practices required to achieve MAEAP standards.

 

     Sec. 8710. (1) The director, in consultation with the

 

groundwater environmental assurance advisory council, shall

 

establish a groundwater stewardship implement a Michigan

 

agriculture environmental assurance program designed to promote the

 

protection of groundwater natural resources conservation through

 

education, technical assistance, and grants verification. The MAEAP

 

shall be a voluntary program that is available to farms throughout

 

the state.

 

     (2) A person farmer who has completed an on-site evaluation

 

with technical assistance personnel is eligible to participate in

 

the groundwater stewardship program. Participants in the

 

groundwater stewardship program shall develop and implement a

 

stewardship plan approved by the director. desires to have his or

 

her farm MAEAP-verified shall do all of the following:

 

     (a) Complete educational requirements authorized by the

 

department.

 

     (b) Develop and implement 1 or more conservation plans as

 

approved by the director.

 

     (c) Upon completion of subdivisions (a) and (b), contact the

 

department to arrange for an on-site evaluation.

 

     (2) The department may provide grants to persons participating

 

in the groundwater stewardship program in accordance with

 

procedures established by the department. Grants shall be available

 

for making changes consistent with groundwater stewardship

 

practices, groundwater protection rules , and the removal of

 

potential sources of contamination and other purposes considered

 

suitable by the director.

 

     (3) If the department conducts an on-site evaluation and

 

determines that a farm is meeting MAEAP standards, the department

 

shall issue a MAEAP verification. A verification is valid for 3

 

years.

 

     (4) A farm is eligible for reverification if it is determined

 

to be meeting MAEAP standards through an on-site evaluation

 

conducted by the department or its designee.

 

     (5) Beginning in the state fiscal year ending September 30,

 

2013, the department shall provide MAEAP verification signs to each

 

MAEAP-verified farm.

 

     (6) A farm that allows its verification to lapse or whose

 

verification is revoked under subsection (7) shall forfeit its

 

verification sign and all other benefits that are provided to

 

MAEAP-verified farms under this act.

 

     (7) The director may revoke verification of a MAEAP-verified

 

farm if any of the following apply:

 

     (a) The department, in consultation with the department of

 

environmental quality, determines with scientific evidence provided

 

by water quality data that the MAEAP-verified farm caused an

 

exceedance of water quality standards as a result of nonconformance

 

with MAEAP standards.

 

     (b) The MAEAP-verified farm fails to conform to MAEAP

 

standards as a result of gross negligence.

 

     (c) The MAEAP-verified farm fails to comply with protocols for

 

verification as approved by the commission of agriculture and rural

 

development.

 

     (d) Upon advice from the interagency technical review panel

 

provided for in section 8710, the director determines that the

 

MAEAP-verified farm is responsible for a pattern of repeated

 

violations of environmental laws, rules, regulations, permit

 

conditions, settlement agreements, orders of consent, or judicial

 

orders that were due to separate and distinct events.

 

     (8) (3) Liability A farmer shall not be liable for groundwater

 

contamination shall not be imposed on a person in the groundwater

 

stewardship program under this part a MAEAP-verified farm for

 

activities on the MAEAP-verified farm unless he or she was grossly

 

negligent or in violation of state or federal law or failed to

 

comply with the provisions of the applicable groundwater

 

stewardship program or plan MAEAP standards. Nothing in this part

 

shall This part does not modify or limit any obligation,

 

responsibility, or liability imposed by any other provision of

 

state law.

 

     (9) The department shall establish a MAEAP grants program.

 

Grants issued under the MAEAP grants program are limited to

 

availability of funds collected pursuant to this part. Grants shall

 

be available for all of the following:

 

     (a) Technical assistance.

 

     (b) Promotion of the MAEAP.

 

     (c) Educational programs related to the MAEAP.

 

     (d) Demonstration projects to implement conservation

 

practices.

 

     (e) Removal of potential sources of contamination.

 

     (f) Other purposes considered appropriate by the director.

 

     (10) (4) Technical assistance programs and grants provided

 

under this section are limited to availability of funds collected

 

pursuant to this part. The department and the department of

 

environmental quality shall enter into a memorandum of

 

understanding to formalize a commitment to promote the MAEAP and to

 

clarify the application of state and federal environmental laws to

 

farms. In addition, the memorandum of understanding shall provide

 

for all of the following:

 

     (a) An ongoing interagency technical review panel for MAEAP-

 

verified farms that discharge in violation of state or federal law

 

to determine enforcement action.

 

     (b) Preference for funding for nonpoint source pollution –

 

funds for farms seeking MAEAP verification.

 

     (c) Considerations for reverification of a farm with revoked

 

MAEAP verification status.

 

     (d) Integration of the MAEAP into pollution prevention

 

activities of both agencies.

 

     (e) Clarification of the consultation process in part 88 to

 

ensure that the department of agriculture and rural development has

 

meaningful input into the establishment of the grants program and

 

the issuance of grants.

 

     Sec. 8713. (1) The director, in conjunction with the

 

department of natural resources environmental quality and the

 

department of public community health, shall develop and establish

 

priorities, procedures, and protocols for the implementation of a

 

groundwater water quality monitoring program to do all of the

 

following:

 

     (a) Provide general screening of groundwater or surface water,

 

or both.

 

     (b) Determine the relative risk of groundwater contamination

 

at different locations.

 

     (c) Perform envelope monitoring.

 

     (2) The director shall, in a timely manner, notify affected

 

well owners of their monitoring results from the monitoring

 

conducted pursuant to this section, including the method detection

 

limits and associated water resource protection levels.

 

     (3) The monitoring program conducted pursuant to this section

 

may provide for modifications of sampling density and analytes to

 

reflect regional groundwater impact potential.

 

     (4) The monitoring conducted pursuant to this section shall be

 

conducted utilizing generally accepted scientific practices.

 

     (5) The department shall establish a method detection limit

 

goal for monitoring conducted pursuant to this section set at 10%

 

of a compound's groundwater resource response level.

 

     (6) Agencies conducting monitoring for pesticides or

 

fertilizers pursuant to this section shall notify the director, on

 

forms provided by or in a format approved by the director, of the

 

location, procedure, and concentration of all pesticide detections

 

or nitrate concentrations in excess of 10 parts per million.

 

Information received by the director shall be evaluated based upon

 

accepted protocols and procedures established under this part.

 

     (7) The director shall establish by rule laboratory

 

confirmation mechanisms used under this part.

 

     (8) The director shall establish by rule risk assessment

 

protocols for the development of groundwater resource protection

 

levels.

 

     Sec. 8713a. (1) The director, in consultation with the

 

environmental assurance advisory council, may develop and establish

 

priorities, procedures, and protocols for the implementation of a

 

surface water quality monitoring program to do both of the

 

following:

 

     (a) Promote voluntary water quality monitoring by farms.

 

     (b) Monitor and benchmark the effectiveness of conservation

 

practices and MAEAP standards in cooperation with participating

 

farmers.

 

     (2) Water quality information collected under this section by

 

the department in cooperation with farmers shall be aggregated and

 

made available to the commission of agriculture and rural

 

development. Specific locations or persons involved in water

 

quality information collection are exempt from disclosure under the

 

freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     Sec. 8714. (1) Upon confirmation of an adverse impact on

 

groundwater, the director may, upon reasonable notice, require a

 

person to furnish any information that the person may have relating

 

to the identification, nature, and quantity of pesticides and

 

fertilizers that are or have been used on a particular site and to

 

current or past production practices that may have impacted

 

groundwater quality. This information shall be treated as

 

confidential business information and is not subject to the freedom

 

of information act, Act No. 442 of the Public Acts of 1976, being

 

sections 15.231 to 15.246 of the Michigan Compiled Laws 1976 PA

 

442, MCL 15.231 to 15.246.

 

     (2) The director may, upon written request, authorize persons

 

to land-apply materials contaminated with pesticides or fertilizers

 

at agronomic rates. This authorization shall prescribe appropriate

 

operational control activities to protect the application location

 

and shall identify both the location of remediation and the

 

location or locations where such a land application will take

 

place.

 

     Sec. 8715. (1) In addition to the fees provided for in part

 

83, a registrant shall pay an annual groundwater protection fee for

 

each product to be registered. The specialty pesticide groundwater

 

protection fee is $100.00 per product. Groundwater protection fees

 

for all other pesticides are 0.75% of the wholesale value of the

 

previous registration year's product sales for use in this state,

 

with a $150.00 minimum groundwater protection fee. The minimum

 

groundwater protection fee is due in the office of the director

 

before July 1. A sales based groundwater protection fee greater

 

than the $150.00 minimum is due in the office of the director

 

before October 1 of the following registration year.

 

     (2) An additional late fee of $100.00 shall be paid by the

 

registrant for each pesticide if the pesticide registration is a

 

renewal registration and the minimum groundwater protection fee is

 

received by the department after June 30.

 

     (3) A person required to pay a specialty fertilizer or soil

 

conditioner registration fee under section 8505 shall pay an

 

additional $100.00 groundwater protection fee for each brand and

 

product name of each grade registered.

 

     (4) All fertilizer manufacturers or distributors licensed

 

under part 85, except specialty fertilizer and soil conditioner

 

registrants, shall pay an additional groundwater protection fee of

 

1-1/2 cents per percent of nitrogen in the fertilizer for each ton

 

of fertilizer sold.

 

     (5) The fees collected under this part, including any interest

 

or dividends earned, shall be transmitted to the state treasurer,

 

who shall credit the money received to the fund.

 

     (6) Upon the expenditure or appropriation of money raised in

 

this section for any purpose other than those specifically listed

 

in this part, authorization to collect fees in this section shall

 

be suspended until the money expended or appropriated for purposes

 

other than those listed in this part are returned to the fund.

 

     (7) This section is repealed December 31, 2013 2015.

 

     Sec. 8716. (1) The freshwater protection fund is created

 

within the state treasury.

 

     (2) The state treasurer may receive money or other assets from

 

any source for deposit into the fund, including general fund

 

general purpose appropriations, gifts, grants, and bequests. The

 

director shall annually seek matching general fund general purpose

 

appropriations in amounts equal to the groundwater protection fees

 

collected under section 8715 that are deposited into the fund

 

pursuant to this part. The state treasurer shall direct the

 

investment of the fund. The state treasurer shall credit to the

 

fund interest and earnings from fund investments.

 

     (3) Money in the fund at the close of the fiscal year shall

 

remain in the fund and shall not lapse to the general fund.

 

     (4) The department shall be the administrator of the fund for

 

auditing purposes.

 

     (5) The department shall expend money from the fund, upon

 

appropriation, only for 1 or more of the following purposes:

 

     (a) Direct assistance.

 

     (b) Indirect assistance.

 

     (c) Emergency response and removal of potential sources of

 

groundwater water contamination. Expenditures pursuant to this

 

subdivision shall not exceed $15,000.00 per location.

 

     (d) Groundwater Natural resources protection. and groundwater

 

regulatory program.

 

     (e) Administrative costs. Expenditures pursuant to this

 

subdivision shall not exceed 20% of the annual appropriations from

 

the fund.

 

     (6) The department shall establish criteria and procedures for

 

approving proposed expenditures from the fund.

 

     (7) Notwithstanding section 8715, if at the close of any

 

fiscal year the amount of money in the fund exceeds $3,500,000.00,

 

the department shall not collect a groundwater protection fee for

 

the following year. After the groundwater protection fees have been

 

suspended under this subsection, the fees shall only be reinstated

 

if, at the close of any succeeding fiscal year, the amount of money

 

in the fund is less than $1,000,000.00.

 

     (8) The department of treasury shall, before November 1 of

 

each year, notify the department of the balance in the fund at the

 

close of the preceding fiscal year.

 

     (9) As used in this section:

 

     (a) "Administrative costs" includes, but is not limited to,

 

costs incurred during any of the following:

 

     (i) Groundwater monitoring for pesticides and fertilizers.

 

     (ii) Development and enforcement of groundwater natural

 

resources protection rules.

 

     (iii) Coordination of programs under this part with the United

 

States environmental protection agency and other state programs

 

with groundwater and pesticide management environmental protection

 

responsibilities.

 

     (iv) Management of pesticide sales information.

 

     (b) "Direct assistance" includes, but is not limited to,

 

programs that will provide for any of the following:

 

     (i) Provision of alternate noncommunity water supplies.

 

     (ii) Closure of wells that may impact groundwater, such as

 

abandoned, improperly constructed, or drainage wells.

 

     (iii) The environmentally sound disposal or recycling of

 

specialty pesticide containers.

 

     (iv) The environmentally sound disposal or recycling of

 

nonspecialty pesticide containers.

 

     (v) Specialty and nonspecialty pesticide pickup disposal

 

programs. for pesticides not currently registered for use.

 

     (vi) Programs devoted to integrated pest and crop management

 

natural resources conservation that strive to encourage the

 

judicious use of pesticides and fertilizers and other agricultural

 

inputs and practices that are protective of water quality through

 

targeted applications as part of a systems approach to pest control

 

and related crop management decisions.

 

     (vii) Incentive and cost share programs for persons in the

 

groundwater stewardship program for implementation of groundwater

 

stewardship practices or groundwater protection rules to assist

 

farmers in achieving MAEAP standards.

 

     (viii) Incentive and cost share programs for persons who notify

 

the director of MAEAP-verified farms with potential sources of

 

groundwater contamination on their property.

 

     (ix) Monitoring of private well water for pesticides, and

 

fertilizers, and other contaminants.

 

     (x) Removal of soils and waters contaminated by pesticides and

 

fertilizers and the land application of those materials at

 

agronomic rates.

 

     (xi) Groundwater stewardship program MAEAP grants pursuant to

 

section 8710.

 

     (xii) Programs that enhance investment of private and federal

 

funds in conservation.

 

     (xiii) Verification.

 

     (xiv) (xii) Other programs established pursuant to this part.

 

     (c) "Indirect assistance" includes, but is not limited to,

 

programs that will provide for any of the following:

 

     (i) Public education and demonstration programs on specialty

 

pesticide container recycling and environmentally sound disposal

 

methods.

 

     (ii) Educational programs. for pesticide and fertilizer end

 

users.

 

     (iii) Technical assistance programs. for pesticide and

 

fertilizer end users.

 

     (iv) The promotion and implementation of on-site evaluation

 

systems, and groundwater stewardship conservation practices, and

 

the MAEAP.

 

     (v) Research programs for determination of the impacts of

 

alternate pesticide and fertilizer management practices.

 

     (vi) Research program for determination of aquifer natural

 

resources sensitivity and vulnerability to contamination. by

 

pesticides and fertilizers.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No.____ (request no.

 

01045'11 *) of the 96th Legislature is enacted into law.