Overview:
- Michigan's environmental groups are advocating for action on longstanding environmental issues, including a polluter pay law, a septic system code, and the rollback of a 2006 law that limits regulatory agencies from updating rules to protect the environment.
- Comprehensive climate and energy reform in 2023 passed with bipartisan support.
- However, the incoming Trump administration is expected to be less supportive of climate and energy programs from President Biden's term.
- The Michigan Chamber of Commerce and other business interests, including the Detroit Regional Chamber, warned that polluter pay bills would create a punitive environment for property owners regardless of their involvement in on-site contamination.
It’s Michigan lame duck time.
For state environmental groups, 2023 was a big year.
Gov. Gretchen Whitmer, a Democrat with bipartisan support from the legislature, acted on clean energy legislation, calling it another step in helping “the state stay on track to achieve 100% carbon neutrality by 2050.”
The non-profit advocacy group Michigan Environmental Council (MEC), representing 100 organizations, took notice.
“We called for comprehensive climate and energy reform, and Michigan got it in 2023,” MEC spokesperson Beau Brockett told Planet Detroit. Now it’s essential to make sure the legislation is implemented correctly, Brockett said, acknowledging that the incoming Trump administration will look less favorably on climate and energy programs from President Biden’s term.
What MEC and other environmental groups didn’t get in 2023 or to date in 2024 is action on longstanding environmental grievances – of the kind that the groups might have expected action on from the Democratic trifecta.
Polluters (still) not paying
A polluter pay law, legislation on a septic system code, and the rollback of a 2006 law that prevents regulatory agencies from issuing new or updating existing rules that could protect the environment have all seen little or no progress during Whitmer’s term.
On polluter pay, in 2019, Whitmer publicly called on the legislature to act on legislation and “hold polluters accountable.” Her request followed the “green ooze” incident in Oakland County, where a toxic chemical leaked to a nearby highway. Republicans controlled the legislature in 2019 and did not act.
Whitmer’s office did not respond to a request to comment on legislation pending in this Michigan lame duck legislative session.
Learn more
What a return to ‘polluter pay’ could mean for Michigan
Michigan has more than 24,000 contaminated sites. Lawmakers want to bring back accountability for polluters, but opponents say that would stymie redevelopment.
New legislation aims to bring back ‘polluter pay’
A 14-bill package addresses source removal, transparency, ‘orphan sites’, assurance and medical costs from contaminated sites. Michigan has an estimated 24,000 such sites.
While environmental groups are pushing for action on polluter pay legislation, the Michigan Chamber of Commerce and other business interests, including the Detroit Regional Chamber, urged “extreme caution” on the bills.
In a letter to legislators provided to Planet Detroit, the business groups said, “Polluter pay bills would create a punitive environment for property owners regardless of their involvement in on-site contamination.” According to the letter, the result is that urban cores would be left idle without remediation.
In a statement to Planet Detroit, Rep. Jason Morgan (D- Ann Arbor)’s office said polluter pay legislation is a lame-duck priority, and he is working actively with stakeholders to push the bills through the House. Morgan, an Ann Arbor Democrat, is a sponsor of the bills.
Septic system code stall
Another priority is a septic system code establishing standards for Michigan’s 1.3 million septic tanks.
Michigan stands out as the only state without a septic system code, according to the advocacy group For Love of Water (FLOW). Currently, the “thin patchwork of local ordinances” is insufficient to protect raw sewage from eventually entering waterways, according to FLOW.
“We have a chance to close that gap of environmental protection in the lame duck session and it’s about time,” according to FLOW senior adviser Dave Dempsey.
“The lack of a statewide sanitary code is an embarrassment. But this is the closest we’ve come to a consensus on legislation, so there’s hope,” Dempsey said.
Part 31 hangs in the balance
Little known outside of environmental circles is a provision added in 2006 to Part 31 of Michigan’s 22,000-word Natural Resources Environmental Protection Act (NREPA).
It says, “the department shall not promulgate any additional rules under this part after December 31, 2006.” The “department” refers to a regulatory agency, in 2006 the Department of Environmental Quality, now Environment Great Lakes & Energy (EGLE).
The essence of the 15 words is that EGLE is limited when it comes to dealing with emerging pollutants like PFAS and Lake Erie’s algal bloom issues.
Given President-elect Trump’s environmental record in his first term and recent Supreme Court rulings, MEC’s Brockett said amending NREPA is “paramount to give Michigan strong, clear water protections.”
EGLE did not respond to a request to comment on the Michigan lame duck session in general or the proposed Part 31 amendment.
Detroit Mayor Mike Duggan’s office did not respond to a request to comment on any Detroit interests in the lame-duck session.
Michigan lame duck season continues
Among other issues on a long list that could be considered in the Michigan lame duck lame duck session are: funding for remediation of contaminated sediment, drinking water affordability, allowing municipalities to ban plastic bags and e-bike incentives.
Planet Detroit will continue to track legislation in the session and report on outcomes.