Michigan House Bill HB4939

Michigan 2023-2024 Regular Session

• Introduced: 9/5/23
• Refer: 9/5/23

Caption

Natural resources: other; public trust resources; protect. Amends secs. 1701 & 3103 of 1994 PA 451 (MCL 324.1701 & 324.3103) & adds pt. 4.

Impact

The proposed changes include the recognition that all waters, including groundwater, are held in public trust, which extends to both the quantity and quality of these water resources. The bill mandates state departments to review existing regulations pertaining to water protection within 180 days post-enactment. If the current regulations are found inadequate, the departments will be required to implement new or revised rules within a year, significantly affecting how water resources are governed and protected statewide.

Summary

House Bill 4939 seeks to amend the Natural Resources and Environmental Protection Act to establish enhanced protections for the state's natural resources, specifically focusing on the public trust doctrine. The bill emphasizes that the natural resources, including air, water, and soil, are a public concern and that the legislature has an obligation to manage these resources for the benefit of current and future generations. This amendment also stipulates that the management of these resources cannot be ceded to any other entity, underscoring the legislative authority to protect the environment.

Contention

While the bill presents a strong environmental protection stance, it may face opposition regarding the allocation of legislative power and regulatory responsibilities. Some may argue that giving such authority to legislature could limit local governments' ability to implement tailored environmental safeguards that address community-specific concerns. This potential conflict reflects ongoing discussions around the balance of power between state and local governance, especially in legislative matters pertaining to environmental issues.