2007 Senate Bill 504

Revise farm environmental regulation enforcement

Introduced in the Senate

May 15, 2007

Introduced by Sen. Gerald Van Woerkom (R-34)

To establish that a farm, including a concentrated animal feeding operation (CAFO), that follows the pollution prevention standards of the "Michigan Agriculture Environmental Assurance Program" (MAEAP), which includes education, on-farm risk assessment, and third party verification, will not be considered to have to have violated new livestock, cropping, or farmstead regulations, or committed storm water discharge violations, unless a water quality study conclusively established that it caused a receiving body of water to exceed water quality standards. Farms that meet the standards would not be required to get water pollution discharge permits if they have less than 3,500 cows, and generally be subject to regulation by the Department of Agriculture rather than the Department of Environmental Quality.

Referred to the Committee on Agriculture and Bioeconomy

June 19, 2007

Reported without amendment

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

June 20, 2007

Substitute offered

To replace the previous version of the bill with one that revises details, amended to give the Department of Agriculture the authority to shut down a large CAFO that has caused a discharge of pollutants in violation of state water pollution laws.

The substitute passed by voice vote

Substitute offered by Sen. Ray Basham (D-8)

To impose a moratorium on any new concentrated animal feeding operations (CAFO) in the state.

The substitute failed 16 to 22 (details)

Amendment offered by Sen. Liz Brater (D-18)

To require additional annual testing of streams near large CAFOs, and if tests after manure is spread on fields show that downstream water does not meet water quality standards, to presume that the CAFO is responsible for the pollution.

The amendment failed 17 to 21 (details)

Amendment offered by Sen. Randy Richardville (R-17)

To replace a definition of a farm nutrient management plan with a reference to administrative rules that define it.

The amendment passed by voice vote

Amendment offered by Sen. Roger Kahn (R-32)

To establish that an agricultural storm water runoff is not a water pollution "point source" that would subject a farm to stringent regulation under state pollution laws.

The amendment passed by voice vote

Amendment offered by Sen. John Pappageorge (R-13)

To establish that an if a large CAFO has "point source" discharge (that is not an agricultural storm water runoff) then it would be subject to stringent regulation and permitting requirements under state pollution laws.

The amendment passed by voice vote

Passed in the Senate 21 to 17 (details)

Received in the House

June 20, 2007

Referred to the Committee on Agriculture