HB-4391, As Passed House, June 18, 2015HB-4391, As Passed Senate, June 18, 2015
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4391
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 8307a, 8308, 8310, 8310a, 8312, 8313, 8317,
8504, 8505, 8506, 8514, 8702, 8703, 8704, 8707, 8708, 8710, 8713a,
8715, 8716, and 8807 (MCL 324.8307a, 324.8308, 324.8310, 324.8310a,
324.8312, 324.8313, 324.8317, 324.8504, 324.8505, 324.8506,
324.8514, 324.8702, 324.8703, 324.8704, 324.8707, 324.8708,
324.8710, 324.8713a, 324.8715, 324.8716, and 324.8807), section
8307a as added and sections 8312 and 8313 as amended by 2002 PA
418, section 8310 as amended and section 8310a as added by 2008 PA
18, section 8317 as amended by 2012 PA 316, sections 8504 and 8505
as amended by 2014 PA 178, sections 8506 and 8514 as amended by
2006 PA 503, sections 8702, 8704, 8710, 8715, and 8716 as amended
and section 8713a as added by 2011 PA 2, sections 8703, 8707, and
8708 as amended by 2013 PA 46, and section 8807 as amended by 2011
PA 1, and by adding sections 8506a and 8512h; and to repeal acts
and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8307a. (1) Every pesticide distributed, sold, exposed, or
offered for sale in this state shall be registered with the
director pursuant to this part. The registration shall be submitted
on a form provided by the director and shall be renewed annually
before July 1. The director shall not register a pesticide under
this
part unless the registrant has paid all groundwater water
quality protection fees and late fees required under part 87,
registration fees under this part, and any administrative fines
imposed under this part.
(2) A pesticide is considered distributed, sold, exposed, or
offered for sale in this state when the offer to sell either
originates within this state or is directed by the offeror to
persons in this state and received by those persons.
(3) If a registrant distributes identical pesticides under
more than 1 brand name, or distributes more than 1 pesticide
formulation, each brand or formulation shall be registered as a
separate product.
(4) A registrant shall not register a pesticide that contains
a substance that is required to be registered with the department
unless that substance is also registered with the department.
(5) A pesticide registration applicant shall submit to the
director a complete copy of the pesticide labeling and the
following, in a format prescribed by the director:
(a) The name and address of the applicant and the name and
address of the person whose name will appear on the label, if other
than the applicant.
(b) The full product name of the pesticide and the EPA
registration number.
(c) Other information considered necessary by the director.
(6) The applicant shall submit a complete formula of the
pesticide proposed for registration, including the active and inert
ingredients, when requested by the director and necessary for the
director to execute his or her duties under this part. The director
shall not use any information relative to formulas of products,
trade secrets, or other information obtained under this part for
his or her own advantage or reveal such information, other than to
his or her authorized representative, the EPA, the department of
environmental
quality, the department of community health and human
services, a court of the state in response to a subpoena, a
licensed physician, or in an emergency to a pharmacist or other
persons qualified to administer antidotes.
(7) A registrant that operates from a business location
outside this state shall do either of the following:
(a) Continuously maintain in this state a registered office
and a resident agent, which agent may be an individual resident in
this state whose business office or residence is identical with the
registered office, a domestic corporation or limited liability
company, or a foreign corporation or limited liability company
authorized to transact business in this state and having a business
office identical with the registered office. The registrant shall
file with the department the name, address, and telephone number of
the resident agent and shall maintain and make available records
required by this part and part 87.
(b) Maintain and make available to the department records
required by this part and part 87 and pay all costs incurred by the
department in auditing the records if they are held at an out-of-
state location.
Sec. 8308. (1) The director may do all of the following:
(a) Issue an experimental permit to a person applying for that
permit if the director determines that the permit is necessary for
the applicant to accumulate information necessary to register a
pesticide.
(b) Prescribe terms, conditions, and the period of time the
pesticide may be used under the experimental permit, which shall be
under the supervision of the director.
(c) Revoke an experimental permit when its terms or conditions
are violated or its terms and conditions are inadequate to avoid
unreasonable adverse effects on the environment.
(2) The director may conduct audits to determine compliance
with this part. In conducting audits under this part, the director
may contract for the performance of the audit.
Sec. 8310. (1) A person shall not engage in distributing,
selling, or offering for sale restricted use pesticides to the
ultimate user except as authorized under an annual license for each
place of business issued by the department pursuant to part 13.
(2) The applicant for a license under subsection (1) shall be
the person in charge of each business location. The applicant shall
demonstrate by written examination his or her knowledge of laws and
rules governing the use and sale of restricted use pesticides.
(3)
A person licensed under subsection (1) who that operates
from
a business location outside this state shall continuously
maintain
in this state both do either of the following:
(a)
A registered office.
(b)
A resident agent, which agent may be either an individual
resident
in this state whose business office or residence is
identical
with the registered office, a domestic corporation or
limited
liability company, or a foreign corporation or limited
liability
company authorized to transact business in this state and
having
a business office identical with the registered office. The
person
licensed under subsection (1) shall file with the department
the
name, address, and telephone number of the resident agent.
(a) Continuously maintain in this state a registered office
and a resident agent, which agent may be an individual resident in
this state whose business office or residence is identical with the
registered office, a domestic corporation or limited liability
company, or a foreign corporation or limited liability company
authorized to transact business in this state and having a business
office identical with the registered office. The person licensed
under subsection (1) shall file with the department the name,
address, and telephone number of the resident agent and shall
maintain and make available records required by this part and part
87.
(b) Maintain and make available to the department records
required by this part and part 87 and pay all costs incurred by the
department in auditing the records if they are held at an out-of-
state location.
(4) A restricted use pesticide dealer shall forward to the
director a record of all sales of restricted use pesticides on
forms provided by the director as required by rule. A restricted
use pesticide dealer shall keep copies of the records on file for 2
years. These records are subject to inspection by an authorized
agent of the director. The records shall, upon request, be supplied
in summary form to other state agencies. The summary shall include
the name and address of the restricted use pesticide dealer, the
name and address of the purchaser, the name of the pesticide sold,
and, in an emergency, the quantity sold. Information may not be
made available to the public if, in the discretion of the director,
release of that information could have a significant adverse effect
on the competitive position of the dealer, distributor, or
manufacturer.
(5) A restricted use pesticide dealer shall sell or distribute
restricted use pesticides for use only by applicators certified
under this part.
(6) The director may deny, suspend, or revoke a restricted use
pesticide dealer's license for any violation of this part or an
order issued under this part, or upon conviction under this part,
FIFRA, or a state pesticide law of a reciprocating state committed
by the dealer or the dealer's officer, agent, or employee. The
director shall inform an applicant who is denied a restricted use
pesticide dealer's license of the reasons why the license was
denied.
(7) A restricted use pesticide dealer shall maintain and
submit to the department records of all restricted use pesticide
sales to private applicators and the intended county of application
for those pesticides.
(8) Information collected in subsection (7) is confidential
business information and is not subject to the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(9)
A restricted use pesticide dealer who that distributes an
agricultural pesticide into this state shall report to the
agricultural pesticide registrant all of the following information
concerning that distribution:
(a) The product name.
(b) The EPA registration number.
(c) The amount of pesticide sold or distributed.
(d) The wholesale value of pesticide sold or distributed.
(e) The date of sale or distribution.
(f) The sales or distribution invoice number.
(g) The name and address of the consignee.
Sec.
8310a. (1) A person who that
is not licensed under
section 8310 shall not engage in distributing, selling, or offering
for sale agricultural pesticides except as authorized under an
annual license for each place of business issued by the department
pursuant to part 13.
(2) The applicant for a license under subsection (1) shall be
the individual in charge of each business location.
(3) The application for a license under subsection (1) shall
be on a form provided by the director and shall contain information
regarding the applicant's proposed operations and other information
considered pertinent by the director.
(4) A person licensed under subsection (1) who operates from a
business
location outside this state shall continuously maintain in
this
state both do either of the following:
(a)
A registered office.
(b)
A resident agent, which agent may be either an individual
resident
in this state whose business office or residence is
identical
with the registered office, a domestic corporation or
limited
liability company, or a foreign corporation or limited
liability
company authorized to transact business in this state and
having
a business office identical with the registered office. The
person
licensed under subsection (1) shall file with the department
the
name, address, and telephone number of the resident agent.
(a) Continuously maintain in this state a registered office
and a resident agent, which agent may be an individual resident in
this state whose business office or residence is identical with the
registered office, a domestic corporation or limited liability
company, or a foreign corporation or limited liability company
authorized to transact business in this state and having a business
office identical with the registered office. The person licensed
under subsection (1) shall file with the department the name,
address, and telephone number of the resident agent and shall
maintain and make available records required by this part and part
87.
(b) Maintain and make available to the department records
required by this part and part 87 and pay all costs incurred by the
department in auditing the records if they are held at an out-of-
state location.
(5) An agricultural pesticide dealer who distributes an
agricultural pesticide into this state shall report to the
agricultural pesticide registrant all of the following information
concerning that distribution:
(a) The product name.
(b) The EPA registration number.
(c) The amount of pesticide sold or distributed.
(d) The wholesale value of pesticide sold or distributed.
(e) The date of sale or distribution.
(f) The sales or distribution invoice number.
(g) The name and address of the consignee.
(6) The director may deny, suspend, or revoke an agricultural
pesticide dealer's license for any violation of this part or an
order issued under this part, or upon conviction under this part,
FIFRA, or a state pesticide law of a reciprocating state committed
by the dealer or the dealer's officer, agent, or employee. The
director shall inform an applicant who is denied an agricultural
pesticide dealer's license of the reasons why the license was
denied.
(7) A pesticide registrant who distributes agricultural
pesticides
into the this state is exempt from the requirements of
subsection (1).
Sec. 8312. (1) To become a certified applicator, an applicant
must satisfactorily complete the certification requirements
prescribed by the director and categorized according to the various
types of pesticide applications prescribed by rule and consistent
with the regulations of the EPA.
(2) The application for a certified applicator certificate
shall contain information considered to be pertinent by the
director.
(3) A certified applicator applicant shall pay the appropriate
fee as provided in section 8317.
(4) The director shall issue a certificate to applicants that
successfully comply with all certification requirements under this
part.
(5) The director may restrict an applicant to use only a
certain type of equipment or pesticide upon finding that the
applicant is only qualified to use that type of equipment or
pesticide.
(6) The director may refuse to issue or renew a certificate if
an applicant demonstrates an insufficient knowledge of any item
called for in the application or has unsatisfied judgments under
this part or rules promulgated under this part against him or her
or if the equipment to be used by the applicant is unsafe or
inadequate to properly apply pesticides.
(7) The director may at any time deny, revoke, or suspend a
private agricultural applicator certificate or a commercial
applicator certificate for a violation of this part or upon
conviction
under section 14 of FIFRA, 7 U.S.C. USC 136l, or upon
conviction under a state pesticide law of a reciprocating state in
accordance with section 8320.
(8) The director shall inform an applicant who is denied an
applicator certificate of the reasons why the certificate was
denied.
(9) A person shall display his or her certificate upon the
request of the director.
Sec.
8313. (1) Commercial applicators who that hold themselves
out to the public as being in the business of applying pesticides
shall obtain a commercial applicator license for each place of
business.
(2) A commercial applicator shall be certified under section
8312
and shall have at least 1 of the following in order to qualify
for a license:
(a) Service for not less than 2 application seasons as an
employee of a commercial applicator or comparable education and
experience as determined by the director.
(b) A baccalaureate degree from a recognized college or
university in a discipline that provides education regarding pests
and the control of pests and 1 application season of service as an
employee of a commercial applicator.
(3) The commercial applicator license application shall be on
a form provided by the director and shall contain information
regarding the applicant's qualifications and proposed operations,
the type of equipment to be used by the applicant, and other
information considered pertinent by the director.
(4) An application for a commercial applicator license shall
be accompanied by the appropriate fee as provided in section 8317.
(5) An application for a commercial applicator license shall
be accompanied by proof of sufficient financial responsibility as
prescribed by rule.
(6) The director may restrict an applicant to use only a
certain type of equipment or pesticide upon finding that the
applicant is qualified to use only that type.
(7) The director may refuse to issue or renew a commercial
applicator license if the applicant demonstrates insufficient
knowledge of an item in the application, or has unsatisfied
judgments under this part or a rule promulgated under this part
against him or her, or if the equipment used by the applicant is
unsafe or inadequate for pesticide applications.
(8) The director may at any time deny, revoke, or suspend a
commercial applicator license for a violation of this part or a
violation of an order issued under this part, or upon conviction
under this part, FIFRA, or a state pesticide law of a reciprocating
state in accordance with section 8320.
(9)
The director shall inform an applicant who that is
denied
a commercial applicator license of the reasons why the license was
denied.
(10) A person subject to the licensing requirements in this
section shall only apply pesticides that are registered with the
United
States EPA, or subject to , either the
United States EPA
EPA's or this state's laws and rules.
(11) A person subject to the licensing requirements in this
section shall not represent that a pesticide application has
characteristics, ingredients, uses, benefits, or qualities that it
does not have.
(12) A person subject to the licensing requirements in this
section shall not represent that a pesticide application is
necessary
to control a pest when if the pest is not present or
likely to occur.
(13) A commercial applicator that operates from a business
location outside this state shall do either of the following:
(a) Continuously maintain in this state a registered office
and a resident agent, which agent may be an individual resident in
this state whose business office or residence is identical with the
registered office, a domestic corporation or limited liability
company, or a foreign corporation or limited liability company
authorized to transact business in this state and having a business
office identical with the registered office. The commercial
applicator shall file with the department the name, address, and
telephone number of the resident agent and shall maintain and make
available records required by this part and part 87.
(b) Maintain and make available to the department records
required by this part and part 87 and pay all costs incurred by the
department in auditing the records if they are held at an out-of-
state location.
Sec. 8317. (1) An application submitted under this part shall
be accompanied by the following application fee:
(a) For a commercial applicator certification, $75.00.
(b) For a private agricultural applicator certification,
$50.00. until
September 30, 2015 and $10.00 after September 30,
2015.
(c) For a commercial registered applicator, $45.00.
(d)
For a private registered applicator, $50.00. until
September
30, 2015 and $10.00 after September 30, 2015.
(2) Certificates for commercial applicators, private
agricultural
applicators, and registered applicators shall be are
valid
for a period of time of not less than 3 years to be
established by rule by the director.
(3) The license application fee for a commercial applicator
license is $100.00. The license expires annually on December 31.
(4) The registration application fee for the registration of
pesticides sold, offered for sale, exposed for sale, or distributed
is
$40.00 $100.00 per product.
However, if the pesticide
registration fee is received by the department after June 30, the
registrant shall pay an additional late fee of $100.00 for each
pesticide.
(5) The license application fee for a restricted use pesticide
dealer's license is $100.00. The license expires annually on
December 31.
(6) The license application fee for an agricultural pesticide
dealer's license is $100.00. The license expires annually on
December 31.
(7) Application fees submitted under this section are not
refundable.
(8) Notwithstanding any other provision of subsection (1)(b)
and (d), the department shall waive any fee otherwise required
under subsection (1)(b) and (d) if the individual responsible for
paying the fee is, and provides proof satisfactory to the
department that he or she is, an honorably discharged veteran of
the armed forces of the United States.
(9) The department shall deposit application, license,
registration, and administrative fees and administrative, civil,
and noncriminal fines received, as well as any payment for costs or
reimbursement to the department for investigation, under this part
in the agriculture licensing and inspection fees fund created in
section 9 of the insect pest and plant disease act, 1931 PA 189,
MCL 286.209, to be used, pursuant to appropriation, by the director
in administering and carrying out those duties required by law
under this part.
Sec. 8504. (1) A person shall not manufacture or distribute
fertilizer in this state, except specialty fertilizer and soil
conditioners,
until the appropriate groundwater water quality
protection fee provided in section 8715 has been submitted, and
except as authorized by a license to manufacture or distribute
issued by the department pursuant to part 13. An application for a
license shall be accompanied by a fee of $100.00 for each of the
following:
(a) Each fixed location at which fertilizer is manufactured in
this state.
(b) Each mobile unit used to manufacture fertilizer in this
state.
(c) Each location out of this state that applies labeling
showing an out-of-state origin of fertilizer distributed in this
state to nonlicensees.
(2) An application for a license to manufacture or distribute
fertilizer shall include all of the following:
(a) The name and address of the applicant.
(b) The name and address of each bulk distribution point in
the
this state not licensed for fertilizer manufacture or
distribution. The name and address shown on the license shall be
shown on all labels, pertinent invoices, and bulk storage for
fertilizers distributed by the licensee in this state.
(3) If the fertilizer is a beneficial use by-product intended
for beneficial use 3 under part 115, the application shall also
include the information identified in section 11551(7).
(4) The licensee shall inform the director in writing of
additional distribution points established during the period of the
license.
(5) A distributor is not required to obtain a license if the
distributor is selling fertilizer of a distributor or a
manufacturer licensed under this part.
(6) All licenses to manufacture or distribute fertilizer
expire on December 31 of each year.
(7) A person licensed under this section that operates from a
business location outside this state shall do either of the
following:
(a) Continuously maintain in this state a registered office
and a resident agent, which agent may be an individual resident in
this state whose business office or residence is identical with the
registered office, a domestic corporation or limited liability
company, or a foreign corporation or limited liability company
authorized to transact business in this state and having a business
office identical with the registered office. The person licensed
under this section shall file with the department the name,
address, and telephone number of the resident agent and shall
maintain and make available records required by this part and part
87.
(b) Maintain and make available to the department records
required by this part and part 87 and pay all costs incurred in
auditing the records if they are held at an out-of-state location.
Sec. 8505. (1) A person shall not distribute a specialty
fertilizer or soil conditioner unless it is registered with the
department. An application for registration listing each brand and
product name of each grade of specialty fertilizer or soil
conditioner shall be made on a form furnished by the director. An
application shall be accompanied with the fees described in
subsection (4) for each brand and product name of each grade.
Labels for each brand and product name of each grade shall
accompany the application.
(2) If the specialty fertilizer or soil conditioner is a
beneficial use by-product intended for beneficial use 3 under part
115, the application shall also include the information identified
in section 11551(7).
(3) Upon approval of an application by the director, a copy of
the registration approval shall be furnished to the applicant. All
registrations expire on December 31 of each year.
(4) A person applying for a registration under subsection (1)
shall pay the following annual fees for each brand and product name
of each grade:
(a) Registration fee of $25.00.
(b)
Appropriate groundwater water
quality protection fee
provided for in section 8715.
(5) A distributor is not required to register a brand of
fertilizer that is registered under this part by another person, if
the label does not differ in any respect.
(6) A manufacturer or distributor of custom blend specialty
fertilizers for home lawns, golf courses, recreational areas, or
other nonfarm areas is not required to register each grade
distributed but shall license their firm on an application
furnished by the director for an annual fee of $100.00 and shall
label the fertilizer as provided in section 8502. The label of each
fertilizer distributed under this subsection shall be maintained by
the manufacturer or distributor for 1 year for inspection by the
director.
(7) A manufacturer or distributor of soil conditioners blended
according to specifications provided to a blender or blended as
specifically requested by the consumer prior to blending shall
either register each brand or blend distributed or license its firm
on an application furnished by the director for an annual fee of
$100.00 and shall label the soil conditioner as provided in section
8502. The label of each soil conditioner distributed under this
subsection shall be maintained by the manufacturer or distributor
for 1 year for inspection by the director.
(8) A registrant that operates from a business location
outside this state shall do either of the following:
(a) Continuously maintain in this state a registered office
and a resident agent, which agent may be an individual resident in
this state whose business office or residence is identical with the
registered office, a domestic corporation or limited liability
company, or a foreign corporation or limited liability company
authorized to transact business in this state and having a business
office identical with the registered office. The registrant shall
file with the department the name, address, and telephone number of
the resident agent and shall maintain and make available records
required by this part and part 87.
(b) Maintain and make available to the department records
required by this part and part 87 and pay all costs incurred by the
department in auditing the records if they are held at an out-of-
state location.
Sec.
8506. (1) An inspection fee of 10 35 cents per ton shall
be paid to the department for all fertilizers or soil conditioners
sold or distributed in this state. For peat or peat moss, the
inspection
fee shall be 2 cents per cubic yard. This fee shall does
not apply to registered specialty fertilizers or soil conditioners
sold or distributed only in packages of 10 pounds or less.
(2) Payment of the inspection fee shall be made on the basis
of tonnage reports setting forth the number of tons of each grade
of fertilizer and soil conditioner and the number of cubic yards of
peat or peat moss sold or distributed in this state. The reports
shall cover the periods of the year and be made in a manner
specified by the director in rules, and shall be filed with the
department not later than 30 days after the close of each period.
The time may be extended for cause for an additional 15 days only
on written request to, and approval by, the department. Remittance
to cover the inspection fee shall accompany each tonnage report.
Payments due of less than $5.00 are waived, and refunds of less
than $5.00 will not be processed, unless requested in writing. For
any report not filed with the department by the due date, a penalty
of $50.00 or 10% of the amount due, whichever is greater, shall be
assessed. Unpaid fees and penalties constitute a debt and become
the basis of a judgment against the licensee. Records upon which
the statement of tonnage is based, including those described in
this section and section 8715, are subject to department audit.
(3) When more than 1 person is involved in the distribution of
fertilizer or soil conditioners, the last person who is licensed or
has the fertilizer or soil conditioner registered and who
distributes to a nonlicensee or nonregistrant is responsible for
reporting the tonnage and paying the inspection fee.
(4) Money collected by the department under this section shall
be forwarded to the state treasurer for deposit into the fund.
Sec. 8506a. The director may conduct audits to determine
compliance with this part. In conducting audits under this part,
the director may contract for the performance of the audit.
Sec. 8512h. (1) The fertilizer advisory committee is created
within the department. The committee shall be composed of the
following members:
(a) The director of the department of agriculture and rural
development.
(b) Two members representing the fertilizer industry.
(c) One member representing the specialty fertilizer industry.
(d) Four members representing farmers and other agricultural
organizations.
(e) One member from the United States Department of
Agriculture Natural Resources Conservation Service.
(f) One member who is a certified crop advisor.
(g) One member representing conservation districts.
(h) The director of Michigan State University AgBioResearch.
(i) One member representing the largest statewide land
conservancy in this state.
(2) The members of the committee may designate an authorized
representative or substitute to represent them on the committee. Of
the members first appointed by the director, 4 shall serve for 1
year, 4 for 2 years, and 4 for 3 years. Thereafter, an appointment
shall be for 3 years. The director shall remove any member who is
absent, either personally or through a designated representative or
substitute, for 4 or more consecutive meetings. Vacancies shall be
filled for the balance of an unexpired term. The committee shall
meet on the call of the director, who shall serve as chairperson.
The director shall call a meeting of the committee upon request of
2 or more members. A majority of the members of the committee
constitute a quorum.
(3) The committee shall advise the director on the research
funded under section 8514(4)(c).
(4) All meetings of the committee shall be conducted pursuant
to the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(5) As used in this section, "committee" means the fertilizer
advisory committee created in subsection (1).
Sec. 8514. (1) The fertilizer control fund is created within
the state treasury.
(2) The state treasurer shall receive for deposit in the fund
all fees, administrative or civil fines, and payments for the costs
of investigations incurred by the department collected under this
part. In addition, the state treasurer may receive money or other
assets from any source for deposit into the fund. The state
treasurer shall direct the investment of the fund. The state
treasurer shall credit to the fund interest and earnings from fund
investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The department shall expend money from the fund, upon
appropriation, only for 1 or more of the following purposes:
(a) The administration and enforcement of this part.
(b) The development of training programs to ensure the proper
use and storage of fertilizer.
(c) For research necessary to ensure the adoption and
implementation of practices that optimize nutrient use efficiency,
ensure soil fertility, and address environmental concerns with
regard to fertilizer use. Until December 31, 2019, not less than
40% of the inspection fees collected with section 8506(1) shall be
used for purposes of this subdivision.
(5) The department shall not provide grants with money from
the fund to local government agencies, institutions of higher
education, or nonprofit organizations unless the department
provides notice of the grant to the senate and house appropriations
subcommittees and the senate and house fiscal agencies at least 10
days before the grant is issued.
Sec. 8702. (1) "Activity plan" means a plan for a specific
location that identifies all environmental risks and includes a
time frame for implementation of conservation practices to address
the environmental risks.
(2) "Agronomic rate" means either of the following:
(a) For pesticides, the application of pesticide contaminated
materials in such a manner as not to exceed legal labeled rates.
(b) For fertilizers, the application of fertilizer
contaminated materials at rates not to exceed those recommended by
the
Michigan state university extension, State University
Extension, taking all available sources of nutrients into account.
(3) "Analyte" or "analytes" means the material or materials
that an analysis is designed to detect either qualitatively or
quantitatively.
(4) "Conservation plan" means that term as it is defined in
part 82.
(5) "Conservation practices" means that term as it is defined
in part 82.
(6) "Confirmation mechanism" means a scientific process for
the verification of detection of analytes in groundwater utilizing
at least 2 separate water samples collected at time intervals of
greater than 14 days from the same groundwater sampling point and
analyzed by peer reviewed and authenticated laboratory
methodologies.
(7) "Contaminant" means any pesticide or fertilizer originated
chemical, radionuclide, ion, synthetic organic compound,
microorganism, or other waste that does not occur naturally or that
naturally occurs at a lower concentration than detected.
(8) "Contamination" means the direct or indirect introduction
into the environment of any contaminant caused in whole or in part
by human activity.
(9) "Council" means the environmental assurance advisory
council created in section 8708.
(10) (9)
"Demonstration project"
means a project designed to
illustrate the implementation and impact of alternate conservation
practices.
(11) (10)
"Department" means the
department of agriculture and
rural development.
(12) (11)
"Director" means the
director of the department or
his or her designee.
Sec. 8703. (1) "Envelope monitoring" means monitoring of
groundwater in areas adjacent to properties where groundwater is
contaminated to determine the concentration and spatial
distribution of the contaminant in the aquifer.
(2)
"Environmental assurance advisory council" means the
environmental
assurance advisory council established under section
8708.
(2) (3)
"Farm" means that term as
it is defined in section 2
of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(3) (4)
"Farmer" means a person
who owns or operates a farm.
(4) (5)
"Fertilizer" means a
fertilizer as defined in part 85.
(5) (6)
"Fund" means the
freshwater protection fund created in
section 8716.
(6) (7)
"General screening" means
monitoring of groundwater
for the purpose of determining the presence and concentration of
analytes.
(7) (8)
"Groundwater" means
underground water within the zone
of saturation.
(8) (9)
"MAEAP" or "Michigan
agriculture environmental
assurance program" means the Michigan agriculture environmental
assurance program provided for in section 8710.
(9) (10)
"MAEAP standards" means
all of the following as
adopted by the commission of agriculture and rural development for
the purpose of implementing the Michigan agriculture environmental
assurance program:
(a) Conservation practices.
(b) Site-specific nutrient management plan requirements.
(c) Emergency protocols.
(d) Completed environmental risk and benefit assessments.
(e)
United States department of agriculture natural resources
conservation
service Department of
Agriculture Natural Resources
Conservation Service practice standards.
(f) Generally accepted agricultural and management practices
developed under the right to farm act, 1981 PA 93, MCL 286.471 to
286.474.
(g) Other standards considered appropriate by the director.
(10) (11)
"MAEAP-verified farm"
means a farm determined by the
department as meeting applicable MAEAP standards through an on-site
evaluation.
(11) (12)
"Maximum contaminant
level" means that term as it is
defined in title XIV of the public health service act, chapter 373,
88 Stat. 1660, and regulations promulgated under that act.
(12) (13)
"Method detection limit"
means the minimum
concentration of a substance that can be measured and reported with
99% confidence that the analyte concentration is greater than 0 and
is determined from analysis of a sample in a given matrix that
contains the analyte.
(13) (14)
"Monitoring" means
sampling and analysis to
determine the levels of pesticides or their breakdown products;
fertilizers or their residues; or other analytes as determined by
the director.
Sec.
8704. (1) "Nitrogen fertilizer" means a fertilizer that
contains
nitrogen as a component.
(1) (2)
"On-site evaluation"
means a specific set of criteria
used to voluntarily evaluate a farmer's property with regard to
determination of potential environmental risks.
(2) (3)
"Pesticide" means that
term as it is defined in part
83.
Sec. 8707. (1) The director, in conjunction with Michigan
state
university extension State
University Extension and the
Michigan
state university agricultural experiment station, Michigan
State University AgBioResearch, and in cooperation with the United
States
department of agriculture natural resources conservation
service,
Department of Agriculture
Natural Resources Conservation
Service, the department of environmental quality, and other
professional and industry organizations, shall develop conservation
practices for approval by the commission of agriculture and rural
development and upon approval shall promote their implementation.
(2)
The director, in conjunction with Michigan state
university,
State University, the department of environmental
quality, and other persons the director considers appropriate,
shall develop protocols for voluntary on-site evaluations. The on-
site evaluations shall be designed to do all of the following:
(a) Provide farmers with the ability to voluntarily determine
the relative risk of current practices in relation to sources of
contamination.
(b) Provide farmers with the ability to determine the degree
to which farm operations are in accord with MAEAP standards and
applicable law.
(c) Prioritize operational changes on farms to protect
groundwater and surface waters from sources of contamination.
(d) Guide farmers to appropriate technical and educational
materials.
(e) Provide farmers with the opportunity for verification.
(f) Provide landowners with the ability to voluntarily assess
the value of managing areas of the land that are not utilized for
traditional or production agriculture practices for environmental,
ecological, and economic benefits.
(3)
The director, in conjunction with the environmental
assurance
advisory council, shall review and
evaluate the
effectiveness of conservation practices approved under subsection
(1).
Sec. 8708. (1) The director shall establish an environmental
assurance advisory council composed of all of the following:
(a) The director of the department of agriculture and rural
development.
(b) The director of the department of environmental quality.
(c)
The director of the Michigan state university
extension.State University Extension.
(d)
The director of the Michigan state university agricultural
experimentation
station.State University
AgBioResearch.
(e) Representatives of all of the following as appointed by
the director to serve terms of 3 years:
(i) The United States department of agriculture -
farm service
agency.Department of Agriculture - Farm Service
Agency.
(ii) The United States department of agriculture
natural
resources
conservation service.Department
of Agriculture Natural
Resources Conservation Service.
(iii) Conservation districts.
(iv) Farmers and other agricultural organizations.
(v) Nongovernmental conservation and environmental
organizations.
(vi) Regulated agricultural industries.
(vii) A private consulting forester.
(viii) A member of the forest products industry.
(ix) A member of the logging profession.
(x) Other persons as determined by the director.
(xi) A member representing each regional environmental
assurance team established under section 8709.
(2)
The environmental assurance advisory council shall be co-
chaired
by the representative from Michigan state university
extension
State University Extension and a representative from 1 of
the farmers and other agricultural organizations.
(3)
The environmental assurance advisory council shall advise
the director on topics including, but not limited to, the
following:
(a) MAEAP standards.
(b) On-site evaluations for verification of specific aspects
of a farming operation.
(c) Water quality and environmental monitoring.
(d) Protocols for verification and revocation of verification.
(e) MAEAP activities.
(f) Interagency coordination of conservation programs.
(g) The use of money in the clean water fund created in
section 8807 and other funding sources to promote MAEAP and
activities to encourage more MAEAP-verified farms.
(h) Options to increase assistance to assist small- and
medium-sized farms in achieving MAEAP standards.
(i) The creation of subcommittees as needed to address
emerging and ongoing issues.
(j) On-site evaluations of potential environmental,
ecological, and economic benefits that can be realized by managing
areas of the land that are not utilized for traditional or
production agriculture practices.
(4)
The environmental assurance advisory council shall do all
of the following:
(a) Annually provide recommendations to the director on MAEAP
standards and protocols for verification and revocation of
verification for consideration by the commission of agriculture and
rural development.
(b) Annually submit a report to the department that outlines
activities, accomplishments, and emerging issues. The department
shall share this report with the agriculture community.
(c)
Not later than September 30, 2014, submit to the director
a
comprehensive report detailing program achievements under the
Michigan
agricultural environmental assurance program.
(d)
Not later than 1 year after the effective date of the 2013
amendatory
act that amended this section, submit to the director a
recommendation
for an assessment tool designed to assist landowners
to
voluntarily assess the value of managing areas of the land that
are
not utilized for traditional or production agriculture
practices
for environmental, ecological, and economic benefits. The
assessment
tool shall assess, at a minimum, all of the following:
(i) Forest management for timber, habitat development,
or
both.
(ii) Wetland restoration development potential.
(iii) Habitat restoration development.
(c) Provide recommendations to the director on the creation of
a tiered recognition program for farms working toward MAEAP
verification. To qualify for the recognition program, farmers must
have completed educational programs, conducted appropriate farm
assessments, and implemented conservation practices as approved by
the director. The tiers may be used to recognize a farm's movement
toward MAEAP verification.
(d) Provide recommendations to the director and the
legislature on incentives to increase participation in MAEAP.
(e) Annually provide recommendations to the director on
funding for research projects that address impediments to
verification and improve MAEAP practice standards.
Sec. 8710. (1) The director, in consultation with the
environmental
assurance advisory council, shall
implement a
Michigan agriculture environmental assurance program designed to
promote natural resources conservation through education, technical
assistance, and verification. The MAEAP shall be a voluntary
program that is available to farms throughout the state.
(2) A farmer who desires to have his or her farm MAEAP-
verified shall do all of the following:
(a) Complete educational requirements authorized by the
department.
(b) Develop and implement 1 or more conservation plans as
approved by the director.
(c) Upon completion of subdivisions (a) and (b), contact the
department to arrange for an on-site evaluation.
(3) If the department conducts an on-site evaluation and
determines that a farm is meeting MAEAP standards, the department
shall issue a MAEAP verification. A MAEAP verification that is in
effect on September 30, 2015 is valid for 5 years from the original
issue date. Beginning October 1, 2015, a new MAEAP verification or
reverification
is valid for 3 5 years.
(4) A farm is eligible for reverification if the department
determines
it is determined to be is meeting
MAEAP standards
through an on-site evaluation conducted by the department or its
designee.
(5)
Beginning in the state fiscal year ending September 30,
2013,
the The department shall provide MAEAP verification signs to
each MAEAP-verified farm.
(6) A farm that allows its verification to lapse or whose
verification is revoked under subsection (7) shall forfeit its
verification sign and all other benefits that are provided to
MAEAP-verified farms under this act.
(7) The director may revoke verification of a MAEAP-verified
farm if any of the following apply:
(a) The department, in consultation with the department of
environmental quality, determines with scientific evidence provided
by water quality data that the MAEAP-verified farm caused an
exceedance of water quality standards as a result of nonconformance
with MAEAP standards.
(b) The MAEAP-verified farm fails to conform to MAEAP
standards as a result of gross negligence.
(c) The MAEAP-verified farm fails to comply with protocols for
verification as approved by the commission of agriculture and rural
development.
(d) Upon advice from the interagency technical review panel
provided
for in section 8710, subsection
(11), the director
determines that the MAEAP-verified farm is responsible for a
pattern of repeated violations of environmental laws, rules,
regulations, permit conditions, settlement agreements, orders of
consent, or judicial orders that were due to separate and distinct
events.
(8)
A farmer shall not be is
not liable for groundwater
contamination on a MAEAP-verified farm for activities on the MAEAP-
verified farm unless he or she was grossly negligent or in
violation of state or federal law or failed to comply with the
MAEAP standards. This part does not modify or limit any obligation,
responsibility, or liability imposed by any other provision of
state law.
(9) The department shall establish a MAEAP grants program.
Grants issued under the MAEAP grants program are limited to
availability of funds collected pursuant to this part. Grants shall
be available for all of the following:
(a) Technical assistance.
(b) Promotion of the MAEAP.
(c) Educational programs related to the MAEAP.
(d) Demonstration projects to implement conservation
practices.
(e) Removal of potential sources of contamination.
(f) Other purposes considered appropriate by the director.
(10) Following review of the proposed tiered recognition
program submitted to the director by the council under section
8708, the director shall approve and implement a tiered recognition
program. As part of the tiered recognition program, the department
shall provide a certificate of progress to a farm participating in
MAEAP recognizing each time a new tier is achieved. The certificate
of progress shall summarize conservation practices implemented by
the farm and the environmental impacts of the implemented
conservation practices. The certificate of progress shall recognize
the farm for its achievement and encourage the farm to complete the
remaining conservation practices necessary for verification. A
certificate of progress is valid for 5 years from the date of
mailing. Upon written confirmation by the farmer and the MAEAP
technician updating any new conservation practices and confirming
that all previous applicable conservation practices are still being
implemented, the department shall reissue a certificate of progress
for additional 5-year periods, as appropriate, until the farm
becomes MAEAP-verified in the applicable system or the farmer
ceases implementation of the conservation practices. Information
collected under this section is not subject to the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(11) (10)
The department and the department
of environmental
quality shall enter into a memorandum of understanding to formalize
a commitment to promote the MAEAP and to clarify the application of
state and federal environmental laws to farms. In addition, the
memorandum of understanding shall provide for all of the following:
(a) An ongoing interagency technical review panel for MAEAP-
verified farms that discharge in violation of state or federal law
to determine enforcement action.
(b) Preference for funding for nonpoint source pollution –
funds for farms seeking MAEAP verification.
(c) Considerations for reverification of a farm with revoked
MAEAP verification status.
(d) Integration of the MAEAP into pollution prevention
activities of both agencies.
(e) Clarification of the consultation process in part 88 to
ensure that the department of agriculture and rural development has
meaningful input into the establishment of the grants program and
the issuance of grants.
(12) Beginning December 1, 2016 and every December 1
thereafter, the department shall publish a report on MAEAP that
includes, but is not limited to, all of the following:
(a) County and statewide totals for the previous fiscal year
of all of the following:
(i) Conservation practices implemented.
(ii) Environmental impacts of practices implemented.
(iii) Number of new verifications and reverifications.
(iv) Number of unique farms verified.
(v) Number of farms in tiered recognition system.
(vi) Total area and percentage of this state's farmland
involved.
(b) County and statewide program to-date totals of all of the
following:
(i) Conservation practices implemented.
(ii) Environmental impacts of practices implemented.
(iii) Number of new verifications and reverifications.
(iv) Number of unique farms verified.
(v) Number of farms in tiered recognition system.
(vi) Total area and percentage of this state's farmland
involved.
(c) A summary of educational and MAEAP verification standards
changes for each system tool and an overview of the reasons for the
changes.
(d) A summary of each system subcommittee's work beyond the
standards changes, including identification of ongoing and emerging
issues.
(13) The department shall make available a consent form for
completion by farmers implementing conservation practices that
includes both of the following:
(a) Permission for the department to associate the farmer's
name, farm location, and mailing address with conservation
practices implemented on that farm.
(b) A statement by the farmer that conservation practices
being implemented on the farm are for the purpose of working toward
MAEAP verification.
(14) The department shall provide for the consent forms
described in subsection (13) to be authenticated. The department
may use a completed consent form in the recognition program
described in subsection (10). Information collected under this
subsection is not subject to the freedom of information act, 1976
PA 442, MCL 15.231 to 15.246.
Sec. 8713a. (1) The director, in consultation with the
environmental
assurance advisory council, may
develop and establish
priorities, procedures, and protocols for the implementation of a
surface water quality monitoring program to do both of the
following:
(a) Promote voluntary water quality monitoring by farms.
(b) Monitor and benchmark the effectiveness of conservation
practices and MAEAP standards in cooperation with participating
farmers.
(2) Water quality information collected under this section by
the department in cooperation with farmers shall be aggregated and
made available to the commission of agriculture and rural
development. Specific locations or persons involved in water
quality information collection are exempt from disclosure under the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
Sec. 8715. (1) In addition to the fees provided for in part
83,
a registrant shall pay an annual groundwater water quality
protection
fee for each product to be registered. The specialty
pesticide
groundwater water quality protection fee is $100.00
$270.00
per product. Groundwater protection
fees for all other
pesticides
are 0.75% of the wholesale value of the previous
registration
year's product sales for use in this state, with a
$150.00
minimum groundwater protection fee. The
minimum groundwater
water quality protection fee is due in the office of the director
before
July 1. A sales based groundwater protection fee greater
than
the $150.00 minimum is due in the office of the director
before
October 1 of the following registration year.
(2) An additional late fee of $100.00 shall be paid by the
registrant for each pesticide if the pesticide registration is a
renewal
registration and the minimum groundwater water quality
protection fee is received by the department after June 30.
(3) A person required to pay a specialty fertilizer or soil
conditioner registration fee under section 8505 shall pay an
additional
$100.00 groundwater water
quality protection fee for
each brand and product name of each grade registered.
(4) All fertilizer manufacturers or distributors licensed
under part 85, except specialty fertilizer and soil conditioner
registrants,
shall pay an additional groundwater the following:
(a) Until December 31, 2015, a water quality protection fee of
1-1/2 cents per percent of nitrogen in the fertilizer for each ton
of fertilizer sold.
(b) Beginning January 1, 2016, $.0005 per pound of fertilizer
sold.
(5) The fees collected under this part, including any interest
or dividends earned, shall be transmitted to the state treasurer,
who shall credit the money received to the fund.
(6) Upon the expenditure or appropriation of money raised in
this section for any purpose other than those specifically listed
in this part, authorization to collect fees in this section shall
be suspended until the money expended or appropriated for purposes
other than those listed in this part are returned to the fund.
(7) The department may audit, or may contract for audits of
records that are the basis for fees levied under this section.
(8) (7)
This section is repealed December
31, 2015.2021.
Sec. 8716. (1) The freshwater protection fund is created
within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund, including general fund
general purpose appropriations, gifts, grants, and bequests. The
director shall annually seek matching general fund general purpose
appropriations
in amounts equal to the groundwater water quality
protection fees collected under section 8715 that are deposited
into the fund pursuant to this part. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The department shall be the administrator of the fund for
auditing purposes.
(5) The department shall expend money from the fund, upon
appropriation, only for 1 or more of the following purposes:
(a) Direct assistance.
(b) Indirect assistance.
(c) Emergency response and removal of potential sources of
water contamination. Expenditures pursuant to this subdivision
shall not exceed $15,000.00 per location.
(d) Natural resources protection.
(e) Administrative costs. Expenditures pursuant to this
subdivision shall not exceed 20% of the annual appropriations from
the fund.
(6) The department shall establish criteria and procedures for
approving proposed expenditures from the fund.
(7) Notwithstanding section 8715, if at the close of any
fiscal
year the amount of money in the fund exceeds $3,500,000.00,
$5,000,000.00,
the department shall not collect a
groundwater water
quality
protection fee fees for
the following year. After the
groundwater
water quality protection fees have been suspended under
this subsection, the fees shall only be reinstated if, at the close
of any succeeding fiscal year, the amount of money in the fund is
less
than $1,000,000.00.$2,000,000.00.
(8) The department of treasury shall, before November 1 of
each year, notify the department of the balance in the fund at the
close of the preceding fiscal year.
(9) As used in this section:
(a) "Administrative costs" includes, but is not limited to,
costs incurred during any of the following:
(i) Groundwater monitoring for pesticides and fertilizers.
(ii) Development and enforcement of natural resources
protection rules.
(iii) Coordination of programs under this part with the United
States
environmental protection agency Environmental
Protection
Agency and other state programs with environmental protection
responsibilities.
(iv) Coordination of programs under this part with the United
States Department of Agriculture Natural Resources Conservation
Service and state programs with nonpoint source pollution
prevention and conservation practice responsibilities.
(v)
(iv) Management
of pesticide sales information.
(b) "Direct assistance" includes, but is not limited to,
programs that will provide for any of the following:
(i) Provision of alternate noncommunity water supplies.
(ii) Closure of wells that may impact groundwater, such as
abandoned, improperly constructed, or drainage wells.
(iii) The environmentally sound disposal or recycling of
specialty pesticide containers.
(iv) The environmentally sound disposal or recycling of
nonspecialty pesticide containers.
(v) Specialty and nonspecialty pesticide disposal programs.
(vi) Programs devoted to integrated natural resources
conservation that encourage the judicious use of pesticides and
fertilizers and other agricultural inputs and practices that are
protective of water quality through targeted systems approach to
management decisions.
(vii) Incentive and cost share programs to assist farmers in
achieving MAEAP standards.
(viii) Incentive and cost share programs for MAEAP-verified
farms with potential sources of contamination on their property.
(ix) Monitoring of private well water for pesticides,
fertilizers, and other contaminants.
(x) Removal of soils and waters contaminated by pesticides and
fertilizers and the land application of those materials at
agronomic rates.
(xi) MAEAP grants pursuant to section 8710.
(xii) Programs that enhance investment of private and federal
funds in conservation.
(xiii) Verification.
(xiv) Other programs established pursuant to this part.
(c) "Indirect assistance" includes, but is not limited to,
programs that will provide for any of the following:
(i) Public education and demonstration programs on specialty
pesticide container recycling and environmentally sound disposal
methods.
(ii) Educational programs.
(iii) Technical assistance programs.
(iv) The promotion and implementation of on-site evaluation
systems, conservation practices, and the MAEAP.
(v) Research programs. for determination of
the impacts of
alternate
management practices.
(vi) Research program for determination of natural
resources
sensitivity
and vulnerability to contamination.
Sec. 8807. (1) The clean water fund is created within the
state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) Except as otherwise provided in this section, the
department, in consultation with the department of agriculture and
rural development, shall expend money in the fund, upon
appropriation, for any of the following:
(a) To implement the programs described in the department's
document
entitled "A strategic environmental quality monitoring
program
Strategic Environmental
Quality Monitoring Program for
Michigan's
surface waters", Surface
Waters", dated January 1997. In
implementing these programs, the department may contract with any
person.
(b)
Monitor Not more than $100,000.00
of the total annual
appropriations from the fund to monitor and benchmark the
effectiveness of conservation practices and MAEAP standards in
cooperation with participating farmers.
(c) Promotion of MAEAP and activities to encourage more MAEAP-
verified farms.
(d) Water pollution control activities.
(e) Wellhead protection activities.
(f) Storm water treatment projects and activities.
(5) Money in the fund shall not be expended for combined sewer
overflow corrections.
(6) Money in the fund shall not be expended until rules are
promulgated under section 8808.
Enacting section 1. This amendatory act takes effect October
1, 2015.