2005 Senate Bill 332 / Public Act 33

Require ocean ships to kill ballast water invasive species

Introduced in the Senate

March 22, 2005

Introduced by Sen. Patricia Birkholz (R-24)

To expand the scope of the state water pollution law by defining ballast water discharged from ocean-going ships that contains harmful invasive or nuisance species as “pollution” subject to regulation by the state. Also, to authorize the establishment of a multi-state Great Lakes Aquatic Nuisance Species (ANS) Coalition. The bill would require ocean ships stopping in Michigan ports to get a permit and treat ballast water to kill invasive species. (Michigan has no authority if a ship does not enter a port here.) The Department of Environmental Quality would be given broad powers to create rules that would have the force of law. HB 4603 is the same bill.

Referred to the Committee on Natural Resources and Environmental Affairs

April 21, 2005

Reported without amendment

With the recommendation that the substitute (S-4) be adopted and that the bill then pass.

April 26, 2005

Substitute offered

To replace the previous version of the bill with one that grants DEQ somewhat less expansive rulemaking powers. Ships would be required to demonstrate that they use environmentally sound technology and methods to prevent the discharge of aquatic nuisance species. In the original bill the DEQ would have had the power to mandate particular technologies.

The substitute passed by voice vote

April 27, 2005

Passed in the Senate 38 to 0 (details)

To expand the scope of the state water pollution law by defining ballast water discharged from ocean-going ships that contains harmful invasive or nuisance species as “pollution” subject to regulation by the state. Also, to authorize the establishment of a multi-state Great Lakes Aquatic Nuisance Species (ANS) Coalition. The bill would require ocean ships stopping in Michigan ports to get a permit. (Michigan has no authority if a ship does not enter a port here.) Ships would be required to demonstrate that they would use environmentally sound technology and methods to prevent the discharge of aquatic nuisance species.

Received in the House

April 27, 2005

Referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment

April 28, 2005

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

May 3, 2005

Substitute offered

To place in House Bill 4603 the provision which specifies that the discharge of ballast water without a permit would be prima facie evidence of a violation of the law proposed by this bill.

The substitute passed by voice vote

May 4, 2005

Passed in the House 109 to 1 (details)

To define ballast water discharged from ocean-going ships that contains harmful invasive or nuisance species as “pollution” subject to state regulation. Also, to authorize the establishment of a multi-state Great Lakes Aquatic Nuisance Species (ANS) Coalition. The bill would require ocean ships stopping in Michigan ports to get a permit. (Michigan has no authority if a ship does not enter a port here.) Ships would be required to demonstrate that they use environmentally sound methods to prevent the discharge of aquatic nuisance species. See also House Bill 4063.

Received in the Senate

May 5, 2005

May 18, 2005

Passed in the Senate 38 to 0 (details)

To concur with the House-passed version of the bill.

Signed by Gov. Jennifer Granholm

June 2, 2005