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HB-5937, As Passed House, June 25, 2026
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SUBSTITUTE FOR
HOUSE BILL NO. 5937
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 1301, 1305, and 3112 (MCL 324.1301, 324.1305,
and 324.3112), section 1301 as amended by 2018 PA 451, section 1305
as amended by 2011 PA 246, and section 3112 as amended by 2018 PA
667.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1301. As used in this part: 1
(a) "Application period" means the period beginning that 2
begins when an application for a permit is received by the this 3
state and ending ends when the application is considered to be 4
administratively complete under section 1305 and any applicable fee 5
has been is paid. 6
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(b) "Department" means the department, agency, or officer 1
authorized by this act to approve or deny an application for a 2
particular permit. As used in sections 1315 to 1317, "department" 3
means the department of environmental quality.environment, Great 4
Lakes, and energy. 5
(c) "Director" means the director of the state department 6
authorized under this act to approve or deny an application for a 7
particular permit or the director's designee. As used in sections 8
1313 to 1317, "director" means the director of the department of 9
environmental quality.environment, Great Lakes, and energy. 10
(d) "Environmental permit review commission" or "commission" 11
means the environmental permit review commission established under 12
section 1313(1). 13
(e) "Environmental permit panel" or "panel" means a panel of 14
the environmental permit review commission, appointed under section 15
1315(2). 16
(f) "Permit", except as provided in subdivision (g), means a 17
permit, operating license, or registration required by any of the 18
following sections or by rules promulgated thereunder, or, in the 19
case of section 9112, by an ordinance referred to in that section: 20
(i) Section 3104, floodplain alteration permit. 21
(ii) Section 3503, permit for use of water in mining iron ore. 22
(iii) Section 4105, sewerage system construction permit. 23
(iv) Section 6516, vehicle testing license. 24
(v) Section 6521, motor vehicle fleet testing permit. 25
(vi) Section 8310, restricted use pesticide dealer license. 26
(vii) Section 8310a, agricultural pesticide dealer license. 27
(viii) Section 8504, license to manufacture or distribute 28
fertilizer. 29
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(ix) Section 9112, local soil erosion and sedimentation control 1
permit. 2
(x) Section 11509, solid waste disposal area construction 3
permit. 4
(xi) Section 11512, solid waste disposal area operating 5
license. 6
(xii) Section 11542, municipal solid waste incinerator ash 7
landfill operating license amendment. 8
(xiii) Section 11702, septage waste servicing license or septage 9
waste vehicle license. 10
(xiv) Section 11709, septage waste site permit. 11
(xv) Section 30104, inland lakes and streams project permit. 12
(xvi) Section 30304, state permit for dredging, filling, or 13
other activity in wetland. Permit includes an authorization for a 14
specific project to proceed under a general permit issued under 15
section 30312. 16
(xvii) Section 31509, dam construction, repair, or removal 17
permit. 18
(xviii) Section 32312, flood risk, high risk, or environmental 19
area permit. 20
(xix) Section 32512, permit for dredging and filling 21
bottomland. 22
(xx) Section 32603, permit for submerged log removal from Great 23
Lakes bottomlands. 24
(xxi) Section 35304, department permit for critical dune area 25
use. 26
(xxii) Section 36505, endangered species permit. 27
(xxiii) Section 41329, nonnative aquatic species sales 28
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registration. 1
(xxiv) Section 41702, game bird hunting preserve license. 2
(xxv) Section 42101, dog training area permit. 3
(xxvi) Section 42501, fur dealer's license. 4
(xxvii) Section 42702, game dealer's license. 5
(xxviii) Section 44513, charter boat operating permit under 6
reciprocal agreement. 7
(xxix) Section 44516, boat livery operating permit. 8
(xxx) Section 45902, game fish propagation license. 9
(xxxi) Section 45906, game fish import license. 10
(xxxii) Section 48705, permit to take amphibians and reptiles 11
for scientific or educational use. 12
(xxxiii) Section 61525, oil or gas well drilling permit. 13
(xxxiv) Section 62509, brine, storage, or waste disposal well 14
drilling or conversion permit or test well drilling permit. 15
(xxxv) Section 63103a, ferrous mineral mining permit. 16
(xxxvi) Section 63514 or 63525, surface coal mining and 17
reclamation permit or revision of the permit, respectively. 18
(xxxvii) Section 63704, sand dune mining permit. 19
(xxxviii) Section 72108, use permits for a Pure Michigan Trail. 20
(xxxix) Section 76109, sunken aircraft or watercraft abandoned 21
property recovery permit. 22
(xl) (xxxx) Section 76504, Mackinac Island motor vehicle and 23
land use permits. 24
(xli) (xxxxi) Section 80159, buoy or beacon permit. 25
(g) "Permit", as used in sections 1313 to 1317, means any 26
permit or operating license that meets both of the following 27
conditions: 28
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(i) The applicant for the permit or operating license is not 1
this state or a political subdivision of this state. 2
(ii) The permit or operating license is issued by the 3
department of environmental quality environment, Great Lakes, and 4
energy under this act or the rules promulgated under this act. 5
(h) "Processing deadline" means the last day of the processing 6
period. 7
(i) "Processing period", subject to section 1307(2) and (3), 8
means the following time period after the close of the application 9
period, for the following permit, as applicable: 10
(i) Twenty days for a permit under section 61525 or 62509. 11
(ii) Thirty days for a permit under section 9112 or 44516. 12
(iii) Thirty days after the department consults with the 13
underwater salvage and preserve committee created under section 14
76103, for a permit under section 76109. 15
(iv) Thirty days or, if a hearing is held, 90 days for a permit 16
under section 30304. 17
(v) (iv) Sixty days , for a permit under section 30104 for a 18
minor project established under section 30105(7) or 32512a(1), or 19
an authorization for a specific project to proceed under a general 20
permit issued under section 30105(8) or 32512a(2), or for a permit 21
under section 32312 or 41329. 22
(vi) (v) Sixty days or, if a hearing is held, 90 days for a 23
permit under section 35304. 24
(vii) (vi) Sixty days or, if a hearing is held, 120 days for a 25
permit under section 30104, other than a permit or authorization 26
described in subparagraph (ii) or (iv), or for a permit under section 27
31509. 28
(viii) (vii) Ninety days for a permit under section 11512, a 29
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revision of a surface coal mining and reclamation permit under 1
section 63525, or a permit under section 72108. 2
(ix) (viii) Ninety days or, if a hearing is held, 150 days for a 3
permit under section 3104, or 30304, or a permit under section 4
32512 other than a permit described in subparagraph (iv). 5
(x) (ix) Ninety days after the close of the review or comment 6
period under section 32604, or if a public hearing is held, 90 days 7
after the date of the public hearing for a permit under section 8
32603. 9
(xi) (x) One hundred twenty days for a permit under section 10
11509, 11542, 63103a, 63514, or 63704. 11
(xii) (xi) One hundred fifty days for a permit under section 12
36505. However, if a site inspection or federal approval is 13
required, the 150-day period is tolled pending completion of the 14
inspection or receipt of the federal approval. 15
(xiii) (xii) For any other permit, 150 days or, if a hearing is 16
held, 90 days after the hearing, whichever is later. 17
Sec. 1305. (1) After a department receives an application for 18
a permit, the department shall determine whether the application is 19
administratively complete. Unless the department proceeds as 20
provided under subsection (2), the application shall be is 21
considered to be administratively complete when the department 22
makes that determination or 30 7 days after the state department 23
receives the application, whichever is first. 24
(2) If, before the expiration of the 30-day 7-day period under 25
subsection (1), the department notifies the applicant that the 26
application is not administratively complete , specifying and 27
specifies the information necessary to make the application 28
administratively complete, or notifies the applicant that a fee 29
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required to accompany the application has not been paid , 1
specifying and specifies the amount due, the running of the 30-day 2
7-day period under subsection (1) is tolled until the applicant 3
submits to the department the specified information or fee amount 4
due. The notice shall must be given in writing or by electronic 5
notification. 6
(3) Subject to subsection (4), after an application for a 7
permit is considered to be administratively complete under this 8
section, the department shall not request from the applicant any 9
new or additional information that is not specified in the list 10
required under section 1303(2)(a) unless the request includes a 11
detailed explanation of why the information is needed. The 12
applicant is not required to provide the requested information as a 13
condition for approval of the permit. 14
(4) After an application for a permit is considered to be 15
administratively complete under this section, the department may 16
request the applicant to clarify, amplify, or correct the 17
information required for the application. The applicant shall 18
provide the requested information. 19
Sec. 3112. (1) A person shall not discharge any waste or waste 20
effluent into the waters of this the state unless the person is in 21
possession of a valid permit from the department. 22
(2) An application for a permit under subsection (1) shall 23
must be submitted to the department. Within 30 Not later than 7 24
days after an application for a new or increased use is received, 25
the department shall determine whether the application is 26
administratively complete. Within 90 Not later than 7 days after an 27
application for reissuance of a permit is received, the department 28
shall determine whether the application is administratively 29
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complete. If the department determines that an application is not 1
administratively complete, the department shall notify the 2
applicant in writing within the applicable time period. If the 3
department does not make a determination as to whether the 4
application is administratively complete within the applicable time 5
period, the application shall be is considered to be complete. 6
(3) The department shall condition the continued validity of a 7
permit upon on the permittee's permittee meeting the effluent 8
requirements that the department considers necessary to prevent 9
unlawful pollution by the dates that the department considers to be 10
reasonable and necessary and to ensure compliance with applicable 11
federal law. If the department finds that the terms of a permit 12
have been, are being, or may be violated, it the department may 13
modify, suspend, or revoke the permit or grant the permittee a 14
reasonable period of time in which to comply with the permit. The 15
department may reissue a revoked permit upon on a showing 16
satisfactory to the department that the permittee has corrected the 17
violation. A person who that has had a permit revoked may apply for 18
a new permit. 19
(4) If the department determines that a person is causing or 20
is about to cause unlawful pollution of the waters of this the 21
state, the department may notify the alleged offender of its the 22
department's determination and enter an order requiring that 23
requires the person to abate the pollution or may refer the matter 24
to the attorney general for legal action, or both. 25
(5) A person who that is aggrieved by an order of abatement of 26
the department or by the reissuance, modification, suspension, or 27
revocation of an existing permit of the department executed 28
pursuant to under this section may file a sworn petition with the 29
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department setting that sets forth the grounds and reasons for the 1
complaint and requesting requests a contested case hearing on the 2
matter pursuant to under the administrative procedures act of 1969, 3
1969 PA 306, MCL 24.201 to 24.328. A petition filed more than 60 4
days after action on the order or permit may be rejected by the 5
department as being untimely. 6
(6) All oceangoing vessels engaging in port operations in this 7
state shall obtain a permit from the department. The department 8
shall issue a permit for an oceangoing vessel only if the applicant 9
can demonstrate that the oceangoing vessel complies with 33 CFR 10
151.1510 as then in effect or the oceangoing vessel will utilize 11
environmentally sound technology and methods approved by the 12
department that prevent the discharge of aquatic nuisance species. 13
However, all of the following shall apply: 14
(a) The grant by the coast guard of an extension to the 15
implementation schedule under 33 CFR 151.1513 or the exchange of 16
ballast water under 33 CFR 151.1510(a)(1) or saltwater flushing 17
under 33 CFR 401.30 alone is not considered compliance with the 18
federal aquatic nuisance rule for the purposes of this section. 19
(b) A vessel discharging ballast water must employ a ballast 20
water management system approved pursuant to under 33 CFR 21
151.1510(A)(3) 151.1510(a)(3) or a ballast water treatment method 22
approved by the department. 23
(c) A vessel must carry out an exchange of ballast water or 24
saltwater flushing and comply with other applicable requirements of 25
33 CFR part 151, subpart C, and 33 CFR 401.30. 26
(d) A vessel using water from a public water system under 33 27
CFR 151.1510(a)(4) shall must utilize a method to sufficiently 28
clean ballast water tanks prior to before using water from a public 29
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water supply system as ballast water as approved by the department. 1
(e) A discharge that may cause or contribute to a violation of 2
a water quality standard is not authorized by a permit described in 3
this subsection. 4
(f) If the federal aquatic nuisance rule is amended after the 5
enactment date of the 2018 amendatory act that added subsection 6
(7), December 28, 2018, and the director determines that the 7
amended version of the federal aquatic nuisance rule is less 8
protective of the waters of this the state from aquatic nuisance 9
species, the applicant shall demonstrate that the oceangoing vessel 10
complies with the federal aquatic nuisance rule as in effect 11
immediately before the effective date of that amendment to the 12
federal aquatic nuisance rule. 13
(g) If pursuant to in accordance with a compact of Great Lakes 14
states of which this state is a part, this state adopts standards 15
more protective of the waters of this the state from aquatic 16
nuisance species than the version of the federal aquatic nuisance 17
rule otherwise applicable under this subsection, the standards 18
adopted pursuant to in accordance with the compact apply. 19
(7) The intent of the legislature in adopting in part the 20
federal aquatic nuisance rule by reference is to help harmonize 21
regulatory programs in Great Lakes states for preventing the 22
introduction and spread of aquatic nuisance species in the Great 23
Lakes, including ballast water management programs, and to allow 24
regulatory agencies to cooperate in developing stronger programs. 25
(8) Permit fees for permits under subsection (6) shall must be 26
assessed as provided in section 3120. The permit fees for an 27
individual permit issued under subsection (6) are the fees 28
specified in section 3120(1)(a) and (5)(a). The permit fees for a 29
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general permit issued under subsection (6) are the fees specified 1
in section 3120(1)(c) and (5)(b)(i). Permits under subsection (6) 2
shall must be issued in accordance with the timelines provided in 3
section 3120. The department may promulgate rules to implement 4
subsections (6) to (8). 5
(9) As used in this section, "federal aquatic nuisance rule" 6
means 33 CFR part 151, subpart C, and applicable requirements of 33 7
CFR 151.2050, 151.2060, and 151.2070. 8
Enacting section 1. This amendatory act does not take effect 9
unless all of the following bills of the 103rd Legislature are 10
enacted into law: 11
(a) House Bill No. 5936. 12
(b) House Bill No. 5938. 13
(c) House Bill No. 6038. 14