Legislation watch
Mackinac Center for Public Policy
Capitol Building

2009 Senate Bill 437: Ban environmental cleanup standards more stringent than federal
  1. Introduced by Sen. Jason Allen (R) on April 2, 2009, to prohibit state hazardous substance environmental cleanup standards or regulations than are more stringent than required by federal law.
    • Referred to the Senate Economic Development and Regulatory Reform Committee on April 2, 2009.
    • Referred to the Senate Natural Resources & Environmental Affairs Committee on March 23, 2010.
      • Reported in the Senate on June 1, 2010, with the recommendation that the substitute (S-6) be adopted and that the bill then pass.
    • Substitute offered in the Senate on July 28, 2010, to replace the previous version of the bill with one that does not include its "no more stringent than federal" provisions, and instead makes it part of the package comprised of Senate Bills 1345 to 1349, which revise and streamline regulations and procedures for cleanups of hazardous materials that exist on a property or are spilled. The substitute passed by voice vote in the Senate on July 28, 2010.
    • Amendment offered by Sen. Patricia Birkholz (R) on July 28, 2010, to extend certain existing pollution law liability exemptions that apply to the state or local governments to also include government owned or controlled "sewers, pipes and pipelines". The amendment passed by voice vote in the Senate on July 28, 2010.
  2. Passed 30 to 8 in the Senate on August 17, 2010, to streamline the regulations, procedures, reporting and inspection requirements, definitions, etcetera for cleanups of hazardous materials that exist on a property or are spilled. In general, rather than requiring the Department of Natural Resources and Environment to promulgate generic rules for all cleanups, this and Senate Bills 1345 to 1349 would instead determine the adequacy of a given cleanup on a case-by-case basis. The package would also diminish certain DNRE rulemaking authority, and establish that that a "guideline, bulletin, interpretative statement or operational memorandum" issued by the department would not have the force of law. Note: Provisions in the original version banning environmental cleanup standards more stringent than federal law no longer remain.
    Who Voted "Yes" and Who Voted "No"

  3. Received in the House on August 18, 2010.
    • Referred to the House New Economy And Quality Of Life Committee on August 18, 2010.
      • Reported in the House on November 10, 2010, without amendment and with the recommendation that the bill pass.

Comments

Re: 2009 Senate Bill 437 (Ban environmental cleanup standards more stringent than federal )  by gypsy on April 30, 2009 

[quote user="cartmellauneas"]Every dark night is followed by a bright sunny
day.[/quote]


Except when the day is partly cloudy.



Re: 2009 Senate Bill 437 (Ban environmental cleanup standards more stringent than federal )  by cartmellauneas on April 28, 2009 









Every dark night is followed by a bright sunny
day. So, patience and attention is required and things will be fruitful in near
future


cartmellauneas



















<a href=http://drugstrategies.org/Treatment/michigan>Michigan Drug Treatment Centers</a>


























 



Re: 2009 Senate Bill 437 (Ban environmental cleanup standards more stringent than federal )  by FreeSpeaker on April 23, 2009 


In the interest of informed discussion …


 


Consider what the Michigan Constitution says about our
natural resources (today lumped under the term, “environment”).


 


[quote]Michigan Constitution


Article IV


 


§ 52 Natural resources; conservation, pollution, impairment,
destruction.


 


Sec. 52.


 


The conservation and development of the natural resources of
the state are hereby declared to be of paramount public concern in the interest
of the health, safety and general welfare of the people. The legislature shall
provide for the protection of the air, water and other natural resources of the
state from pollution, impairment and destruction.[/quote]


 


The wording in Sec 52 is unambiguous as to what the legislature’s
obligation is in the realm of “environmental” protection. 


 






View pre-2013 Comments.
Your new comments should be made in the box below.