Michigan Senate Bill SB0398

Michigan 2023-2024 Regular Session

• Introduced: 6/21/23
• Refer: 6/21/23
• Report Pass: 2/27/24
• Refer: 2/27/24
• Report Pass: 3/19/24
• Engrossed: 3/19/24
• Refer: 3/19/24
• Report Pass: 6/13/24
• Enrolled: 6/26/24
• Chaptered: 7/30/24
• Passed: 7/30/24

Caption

Natural resources: inland lakes; structure or fill on inland lake or stream bottomlands; authorize DEGLE to issue emergency order concerning. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding sec. 30111d.

Impact

The legislation amends existing state law to grant stronger intervention powers to state authorities when significant harm is identified. Firstly, this includes the ability to mandate immediate remedial actions, thereby potentially reducing the response times in crisis situations affecting natural resources. This change is expected to have substantial implications for property owners, as it formalizes the department's authority to intervene before it's too late, ensuring the protection of vital environmental resources and public welfare.

Summary

Senate Bill 0398 is an amendment to Michigan's 1994 Natural Resources and Environmental Protection Act. This bill empowers the director of the department to issue emergency orders to individuals posing a threat to public health, safety, or the environment due to violations of established laws regarding natural resource management. Such emergency actions may require immediate repairs or the removal of hazardous structures, effectively enhancing the state's capacity to react to environmental emergencies swiftly and decisively.

Sentiment

The sentiment surrounding SB0398 appears largely supportive among environmental advocates who view the bill as a necessary reinforcement of regulatory power to safeguard Michigan's natural resources. However, concerns may arise from property owners who fear overreach, indicating a divide in public opinion concerning the balance between state intervention and individual property rights. Advocacy groups emphasize the urgency of such measures, especially in the face of climate change and increasing environmental risks.

Contention

Key points of contention may revolve around the extent of authority granted to the department, particularly regarding cost recovery for actions taken under emergency orders. While supporters argue this is crucial for effective environmental management, opponents could raise objections regarding the financial burden placed on individuals who may be unable to comply immediately with such orders. The potential for the department to act without prior consent from affected individuals raises questions about due process, leading to debates about administrative responsibilities versus individual rights.