Michigan 2023-2024 Regular Session

Michigan House Bill HB4528

Introduced
5/4/23  

Caption

Natural resources: mining; regulations for mining of sand and gravel operations; modify. Amends sec. 9115 of 1994 PA 451 (MCL 324.9115) & adds pt. 639. TIE BAR WITH: HB 4526'23, HB 4527'23

Impact

Key provisions of HB4528 address operational responsibilities, mandating that operators adhere to best practices for environmental stewardship. Operators will be required to pay a surveillance fee tied to the volume of sand and gravel extracted, which will fund oversight activities. Additionally, the bill emphasizes the importance of maintaining soil erosion and sediment control measures, thereby reinforcing commitments to sustainability in mining practices. The legislation is poised to streamline the permitting process while also providing state authorities with the tools necessary for effective monitoring and compliance enforcement.

Summary

House Bill 4528 seeks to amend the Natural Resources and Environmental Protection Act by updating section 9115 and adding part 639 to enhance regulations concerning sand and gravel mining operations. The bill stipulates that individuals or entities engaged in logging, mining, or agricultural activities are exempt from needing permits for certain earth changes, though these actions must still adhere to specific environmental standards. However, the bill maintains that certain mining and logging activities, especially those involving access roads and ancillary operations, will still require permitting, ensuring that some level of oversight is retained.

Contention

Despite the bill's intent to balance economic development with environmental protection, it may generate opposition from local governments and environmental advocacy groups. Concerns include the risk of preempting local regulations that govern land use and environmental safety, given the bill's provision that it supersedes local ordinances that conflict with its directives. Stakeholders argue that local oversight is crucial for addressing community-specific environmental concerns, and there may be calls for more robust public engagement processes before mining permits are granted. The appropriation of funds for enforcement also raises questions about accountability and the sufficiency of resources allocated to managing the surveillance fund.

Companion Bills

MI HB4526

Same As Criminal procedure: sentencing guidelines; sentencing guidelines for violation of intentional false statement in a mining permit application or report; provide for. Amends sec. 13f, ch. XVII of 1927 PA 175 (MCL 777.13f). TIE BAR WITH: HB 4528'23, HB 4527'23

MI HB4527

Same As Land use: zoning and growth management; mining; modify conditions under which zoning ordinance may prohibit. Amends sec. 205 of 2006 PA 110 (MCL 125.3205). TIE BAR WITH: HB 4528'23, HB 4526'23

Similar Bills

MI HB6108

Natural resources: mining; regulations for mining of sand and gravel operations; modify. Amends sec. 9115 of 1994 PA 451 (MCL 324.9115) & adds pt. 639. TIE BAR WITH: HB 6111'24, HB 6109'24

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