Public Act 33 of 2005

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• Introduced by Sen. Patricia Birkholz (R) on March 22, 2005, 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 Senate Natural Resources & Environmental Affairs Committee on March 22, 2005.
    • Reported in the Senate on April 21, 2005, with the recommendation that the substitute (S-4) be adopted and that the bill then pass.
  • Substitute offered in the Senate on April 26, 2005, 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 in the Senate by voice vote on April 26, 2005.
• Passed in the Senate (38 to 0) on April 27, 2005, 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. [Vote Details and Comments]
• Received in the House on April 27, 2005.
  • Referred to the House Natural Resources, Great Lakes, Land Use, and Environment Committee on April 27, 2005.
    • Reported in the House on April 28, 2005, with the recommendation that the substitute (H-1) be adopted and that the bill then pass.
  • Substitute offered in the House on May 3, 2005, 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 in the House by voice vote on May 3, 2005.
• Passed in the House (109 to 1) on May 4, 2005, 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. [Vote Details and Comments]
• Received in the Senate on May 5, 2005.
• Passed in the Senate (38 to 0) on May 18, 2005, to concur with the House-passed version of the bill. [Vote Details and Comments]
• Signed by Gov. Jennifer Granholm on June 2, 2005.