HOUSE BILL No. 4264

 

 

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

 

effects.

 

     (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

 

services.


     (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.