Michigan House Bill HB4528

Michigan 2023-2024 Regular Session

• Introduced: 5/4/23
• Refer: 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.