SUBMERGED LOGS RECOVERY - H.B. 5691 (H-2): FLOOR ANALYSIS


House Bill 5691 (Substitute H-2 as reported without amendment)

Sponsor: Representative Judith Scranton

House Committee: Great Lakes and Tourism

Senate Committee: Natural Resources and Environmental Affairs


CONTENT


The bill would amend Part 325 (Great Lakes Submerged Lands) of the Natural Resources and Environmental Protection Act (NREPA) to prohibit the removal of noncommercial logs from the Great Lakes or bottomlands; revise permit requirements, application fee, and penalties; allow the Department of Environmental Quality (DEQ) to issue a conditional permit; allow the DEQ to bring a civil action; and create a new Part 326 (Great Lakes Submerged Logs Recovery) of the NREPA.


Under the bill, Part 326 would require a person to obtain a submerged log removal permit from the DEQ before removing submerged logs from bottomlands; set permit application requirements including a description of the proposed removal area, description of the methods to be used, identification of adverse environmental impacts, and a $3,500 application fee; require the DEQ to review each permit application; provide that a permit would be valid for up to five years; require an applicant to submit a $100,000 performance bond acceptable to the DEQ; provide that the State would reserve a payment of 2.5 times sawlog stumpage value for each submerged log that was removed; require a permit holder to provide the DEQ with a detailed report and all payments within 30 days after the close of each calendar quarter; impose penalties for violations pertaining to submerged log removal; allow the DEQ to bring a civil action against a person who violated the bill's provisions; and require the DEQ to report annually to the Legislature.


The bill is tie-barred to House Bill 5690, which would create the "Submerged Log Recovery Fund" and the "Great Lakes Fund".


MCL 324.32501 et al. - Legislative Analyst: N. Nagata


FISCAL IMPACT


The bill would result in an indeterminate increase in State restricted revenue. The amount of revenue that would be generated under the bill would depend on the number of permits applied for, the amount and value of submerged logs collected, and the number of violations and degree of enforcement of the provisions of the bill.


Date Completed: 5-30-00 - Fiscal Analyst: P. Graham



floor\hb5691 (H-2) - Analysis available @ http://www.michiganlegislature.org

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.