Introduced by Rep. John Stakoe (R) on May 22, 2003, to establish new regulations and fees on the use of pesticides or other chemicals to control aquatic nuisances such as overgrown weeds in lakes. The bill would transfer the issuance of permits to spray herbicides on aquatic and invasive weeds from the Department of Environmental Quality to the Department of Agriculture.
Referred to the House Great Lakes and Tourism Committee on May 22, 2003.
Reported in the House on December 9, 2003, with the recommendation that the substitute (H-2) be adopted and that the bill then pass.
Substitute offered in the House on December 17, 2003, to replace the previous version of the bill with one which does not transfer enforcement to the Department of Agriculture, but does require consultation with that department by the Department of Environmental Quality. The substitute passed by voice vote in the House on December 17, 2003.
Amendment offered by Rep. John Gleason (D) on December 17, 2003, to require a five-year permit to be revoked if an installment payment on the permit fee is missed. The amendment passed by voice vote in the House on December 17, 2003.
Amendment offered by Rep. John Stakoe (R) on December 17, 2003, to clarify several technical references in provisions contained in the bill. The amendment passed by voice vote in the House on December 17, 2003.
Passed 65 to 43 in the House on December 17, 2003, to establish new regulations and fees on the use of pesticides and herbicides to control aquatic nuisances such as overgrown weeds in lakes. The bill would eliminate the requirement to get a permit if a small inland lake has no outlet and no endangered species. If a permit is required, that if a permit is not denied within 30 days, it is considered granted. Permits could be denied if a lake contains threatened or endangered species. The bill would also allow installment payments for permit fees, which were raised by Senate Bill 596 to as much as $1,500 for larger inland lakes. Who Voted "Yes" and Who Voted "No"
Received in the Senate on December 18, 2003.
Referred to the Senate Natural Resources & Environmental Affairs Committee on December 18, 2003.
Reported in the Senate on May 27, 2004, with the recommendation that the substitute (S-3) be adopted and that the bill then pass.
Substitute offered in the Senate on July 1, 2004, to replace the previous version of the bill with one that does not have the permit fee installment payments provision, moves the deadline for issuing a permit from April 15 to May 1, and authorizes a 15 percent permit fee discount if the deadline is missed. The substitute passed by voice vote in the Senate on July 1, 2004.
Amendment offered by Sen. Patricia Birkholz (R) on July 6, 2004, to clarify a reference in the bill to another statute. The amendment passed by voice vote in the Senate on July 6, 2004.
Passed 35 to 0 in the Senate on July 6, 2004, to establish new regulations and fees on the use of pesticides and herbicides to control aquatic nuisances such as overgrown weeds in lakes. The bill would eliminate the requirement to get a permit if a small inland lake has no outlet and no endangered species. The Department of Environmental Quality would be required to grant or deny an application for a permit before May 1 or within 30 days, or would be required to give a 15 percent discount. Permits could be denied if a lake contains threatened or endangered species. Who Voted "Yes" and Who Voted "No"
1) "no vote explaination" by Admin003 on December 18, 2003 Reps. Anderson, Law, Kolb and Zelenko, having reserved the right to explain their protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on HB 4730 because it reduces natural resources protections. The stated purpose of the bill is to solve the problem of slow response time by the DEQ in administering applications for herbicide applications to address the spread of nuisance plants in our inland lakes. However, the legislature already addressed this problem earlier in the year when we enacted legislation to provide the DEQ additional resources to hire new staff to be able to handle the increasing permit application load. That staff has now been hired. The DEQ also promulgated new administrative rules this year to streamline the permit application process. These solutions should be given a chance to work.
The bill takes the wrong approach by: eliminating the ability of the DEQ to deny a permit if a proposed pesticide application is likely to result in unacceptable impacts to natural resources; eliminating the current standard for the use of fluridone, one of the most potent chemicals applied to our lakes to address nuisance vegetation, contradicting the recommendation of the Michigan Environmental Science Board; prohibiting the DEQ from issuing any specific application standard for any chemical; reducing permit fees so that the DEQ may once again be in the position of not having the resources to keep up with the demand for permit applications; allowing application of pesticides without a permit in some small lakes that have an intermittent flow to other surface waters; and reducing public health protections by reducing and, in some cases, eliminating the posting and public notification requirements for chemical treatments." Reply
2) 2003 House Bill 4730 (Ease restrictions on aquatic nuisance control chemical use) by admin on January 1, 2001 Introduced in the House on May 22, 2003, to establish new regulations and fees on the use of pesticides and herbicides to control aquatic nuisances such as overgrown weeds in lakes. The bill would eliminate the requirement to get a permit if a small inland lake has no outlet and no endangered species. If a permit is required, that if a permit is not denied within 30 days, it is considered granted. Permits could be denied if a lake contains threatened or endangered species. The bill would also allow installment payments for permit fees, which were raised by Senate Bill 596 to as much as $1,500 for larger inland lakes
The vote was 65 in favor, 43 opposed and 2 not voting