AQUATIC INVASIVE PLANT SPECIES GRANT PROGRAM
Senate Bill 1136 (S-1) as passed by the Senate
Sponsor: Sen. David Robertson
House Committee: Natural Resources
Senate Committee: Natural Resources
Complete to 12-4-18
SUMMARY:
Senate Bill 1136 would amend Part 414 of the Natural Resources and Environmental Protection Act (NREPA) to create a grant program for the control and eradication of aquatic invasive plant species within Michigan inland lakes.
Aquatic invasive plant species would mean an aquatic plant species, hybrid, or genotype that is not native and whose introduction causes, or is likely to cause, economic or environmental harm or harm to human health.
Part 414 is titled “Aquatic Invasive Species Advisory Council.” Created on December 21, 2011 and repealed on December 21, 2015 via Public Act 286 of 2011,[1] the council was required to issue recommendations to the Department of Environmental Quality (DEQ) regarding an aquatic invasive species management plan and to submit a report to the legislature and governor with recommendations on the funding necessary to implement the management plan.
Inland Lake Aquatic Invasive Species Control and Eradication Program
The bill would rename Part 414 as “Aquatic Invasive Species” and would require the DEQ to establish an inland lake aquatic invasive species control and eradication program, which would provide grants to eligible applicants for eligible projects for the control or eradication of inland lake aquatic invasive plant species, including vegetation management plans and any necessary permit fees associated with the projects.
An eligible applicant would have to meet both of the following:
· Be a legally constituted lake association, property owners association, homeowners association, lake board, or special assessment district.
· Have received a permit from the DEQ to conduct all project activities.
An eligible project would have to meet all of the following:
· Public access to the inland lake is available for all activities associated with the project.
· The waterbody has vegetation management goals created by a licensed commercial applicator or lake manager.
· All survey, control, eradication, and documentation activities are completed by a qualified scientist, technician, licensed commercial aquatic applicator, or university representative.
· All control or eradication activities use best management practices.
· The products used in control or eradication activities conducted are approved or authorized by the United States Environmental Protection Agency and the DEQ.
Inland Lake Aquatic Invasive Species Control and Eradication Grant
An eligible applicant that wishes to receive a grant would have to submit an application to the DEQ containing the information required by the DEQ by February 1. By March 1, the DEQ would have to notify each applicant whether its application has been approved. The DEQ would be able to require an applicant that receives a grant to enter into a grant agreement with the DEQ prior to the issuance of the grant.
Under the bill, grants would be issued by the DEQ in the following priority order:
· Permit fees associated with the eligible project.
· Projects to manage pioneer infestations of inland lake aquatic invasive plant species.
· Projects to prevent or control the further spread of inland lake aquatic invasive plant species.
· Projects for recurring maintenance control.
Additionally, an eligible applicant that submits an application but does not receive a grant due to lack of available funds would be given priority the following year, as applied within the appropriate priority categories listed above.
Inland Lake Aquatic Invasive Species Control and Eradication Fund
The bill would create the Inland Lake Aquatic Invasive Species Control and Eradication Fund within the state treasury. The treasurer could receive money or other assets from any source for deposit into the fund. The treasurer would have to direct the investment of the fund and credit to the fund interest and earnings from investments.
Any money remaining in the fund at the close of the fiscal year would remain in the fund and not lapse to the general fund.
The DEQ would be the administrator of the fund for auditing purposes and would have to expend money from the fund, upon appropriation, only for inland lake aquatic invasive plant species control or eradication grants.
The bill would take effect 90 days after enactment.
MCL 324.41401 et al.
FISCAL IMPACT:
Senate Bill 1136 would increase costs for the Department of Environmental Quality by requiring the department to establish a new inland lake aquatic invasive plant species control and eradication program. This program would provide grants for projects to eradicate and control aquatic invasives in inland lakes. The bill does not specify a revenue source or provide an appropriation to support the program; the extent of the net cost increase is consequently unclear. The DNR has administered an invasive species prevention and control program annually funded by $5.0 million GF/GP since FY 2014-15; this program is ongoing in FY 2018-19.
Legislative Analyst: Emily S. Smith
Fiscal Analyst: Austin Scott
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.