February 26, 2019, Introduced by Reps. Tyrone Carter, Robinson, Elder, Shannon, Cynthia Johnson, Garrett, Garza, Manoogian, Neeley, Rabhi, Gay-Dagnogo, Clemente, Liberati, Cambensy, Howell, Kuppa, Yancey and Whitsett and referred to the Committee on Natural Resources and Outdoor Recreation.


     A bill to amend 1994 PA 451, entitled


"Natural resources and environmental protection act,"


(MCL 324.101 to 324.90106) by adding section 5534.




     Sec. 5534. (1) As used in this section:


     (a) "AQEM fund" means the air quality enforcement and


mitigation fund created in subsection (2).


     (b) "Environmental protection community" means a geographic


area that the department of environmental quality, using tools such


as the United States Environmental Protection Agency's EJSCREEN,


has identified as a community facing a disproportionate


environmental burden using indicators such as sensitive


populations, socioeconomic factors, exposures, and environmental




     (2) The air quality enforcement and mitigation fund is created


within the state treasury. All civil and administrative fines


collected under this part shall be deposited in the AQEM fund. The


state treasurer may receive money or other assets from any source


for deposit into the AQEM fund. The state treasurer shall direct


the investment of the AQEM fund. The state treasurer shall credit


to the AQEM fund interest and earnings from fund investments. Money


in the AQEM fund at the close of the fiscal year shall remain in


the AQEM fund and shall not lapse to the general fund. The


department of environmental quality shall be the administrator of


the fund for auditing purposes.


     (3) The department of environmental quality shall expend money


from the AQEM fund, upon appropriation, only as follows:


     (a) Thirty percent of the money shall be expended for staffing


and other functions of the department of environmental quality that


benefit environmental protection communities and are related to 1


or more of the following:


     (i) Mitigation of air pollution, such as by buffering with


vegetation, optional residential buyouts, air filters in homes and


schools, and diesel engine retrofit or replacement programs.


     (ii) Increased air monitoring.


     (iii) Improved compliance by persons with a history of


violations of this part or permits issued or rules promulgated


under this part including, but not limited to, training for


environmental regulators or prosecuting attorneys.

     (b) Seventy percent of the money shall be expended for grants


under subsection (4) for 1 or more of the following purposes in the


community where the violation occurred, or nearby communities,


particularly environmental protection communities:


     (i) The purposes described in subdivision (a)(i) and (ii).


     (ii) Health impact assessments.


     (iii) Education and training programs for community residents


and local environmental regulators to increase effectiveness of


enforcement programs in deterring violations of this part and rules


promulgated or orders issued under this part.


     (4) The department of environmental quality shall establish an


air quality community impact grant program. The program shall


provide grants to nonprofit entities, local health departments,


local environmental departments, and school districts to carry out


the purposes of subsection (3)(b).


     (5) The department of environmental quality shall promulgate


rules to implement subsection (4). At a minimum, the rules shall


describe how grants are to be allocated, the procedures for


applying for grants, the criteria for awarding grants, and


administrative and fiscal requirements governing the receipt and


expenditure of grants. The department shall promulgate the rules in


consultation with an advisory committee that includes, but is not


limited to, at least 1 of each of the following:


     (a) A public health expert.


     (b) A representative of an environmental justice organization.


     (c) A representative of the department of health and human



     (d) A representative of a local health department or local


environmental department.


     (e) Two residents of environmental protection communities.


     (6) The department of environmental quality, in collaboration


with environmental interest groups, shall develop a process to


identify environmental protection communities. Within 150 days


after census block data from a decennial census becomes publicly


available, the department of environmental quality shall identify


environmental protection communities. The identification process


shall include community engagement to obtain information and


receive feedback.


     (7) The department shall post on its website and otherwise


make publicly available an annual report on the purposes for which


grants were awarded under subsection (3)(b), including the


communities affected.


     Enacting section 1. This amendatory act takes effect 90 days


after the date it is enacted into law.