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.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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
(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
(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
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.