HOUSE BILL No. 5925 June 10, 1998, Introduced by Reps. Parks, Wallace, Anthony, Mans, Profit, Tesanovich, Brater, Varga, Vaughn, Freeman, Emerson, Price, Agee, Hale, Prusi, Thomas, Stallworth, Basham, Kelly, Kilpatrick, Schauer, Rison, Bogardus, Quarles, Schermesser and Mathieu and referred to the Committee on Conservation, Environment and Recreation. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by amending the part heading to part 13 and by adding sections 1301 to 1310. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 PART 13 PERMITS AND ENVIRONMENTAL JUSTICE 2 SEC. 1301. AS USED IN THIS PART: 3 (A) "AFFECTED COMMUNITY" MEANS THAT GROUP OF PEOPLE LIVING 4 WITHIN AN AREA SURROUNDING EITHER A PROPOSED NEW POLLUTION 5 SOURCE, OR A PROPOSED MODIFICATION TO AN EXISTING POLLUTION 6 SOURCE, WHO WOULD BE EXPOSED TO POLLUTION. 7 (B) "CLAWBACK AGREEMENT" MEANS AN AGREEMENT BETWEEN A FACIL- 8 ITY AND A LOCAL UNIT OF GOVERNMENT THAT REQUIRES THE FACILITY TO 9 REIMBURSE THE LOCAL UNIT'S INCENTIVES TO THE FACILITY, SUCH AS 10 INVESTMENTS, ABATEMENTS, OR SUBSIDIES, IF THE FACILITY DOES NOT 04515'97 a TMV 2 1 FULFILL ITS PROMISES OF ECONOMIC DEVELOPMENT AND INCREASED 2 EMPLOYMENT. 3 (C) "CUMULATIVE EFFECTS OR RISK" MEANS THE POTENTIAL FOR 4 DELETERIOUS EFFECTS TO THE ENVIRONMENT OR HUMAN HEALTH RESULTING 5 FROM ENVIRONMENTAL OR HUMAN EXPOSURE TO CHEMICAL, BIOLOGICAL, 6 PHYSICAL, OR RADIOLOGICAL AGENTS FROM SINGLE OR MULTIPLE SOURCES 7 WHEN ADDED TO THE IMPACTS OF PAST, PRESENT, AND REASONABLY FORE- 8 SEEABLE FUTURE POLLUTION SOURCES, REGARDLESS OF WHAT ENTITY OR 9 PERSON OPERATES SUCH OTHER POLLUTION SOURCES. CUMULATIVE EFFECTS 10 CAN RESULT FROM INDIVIDUALLY MINOR BUT COLLECTIVELY SIGNIFICANT 11 ACTIONS TAKING PLACE OVER A PERIOD OF TIME. 12 (D) "DEPARTMENT" MEANS THE DIRECTOR OF THE DEPARTMENT OF 13 ENVIRONMENTAL QUALITY OR HIS OR HER DESIGNEE. 14 (E) "DISPROPORTIONATELY HIGH AND ADVERSE ENVIRONMENTAL 15 EFFECTS" MEANS ADVERSE EFFECTS ON THE ENVIRONMENT WITHIN AN 16 AFFECTED COMMUNITY THAT SIGNIFICANTLY EXCEED OR THREATEN TO 17 EXCEED THE ADVERSE EFFECTS FOUND IN THE GENERAL ENVIRONMENT. THE 18 ADVERSE EFFECTS MAY INCLUDE ECOLOGICAL EFFECTS, SUCH AS THE 19 EFFECTS ON NATURAL RESOURCES AND ON THE COMPONENTS, STRUCTURES, 20 AND FUNCTIONING OF AFFECTED ECOSYSTEMS, AND AESTHETIC, HISTORIC, 21 CULTURAL, ECONOMIC, OR SOCIAL IMPACTS. 22 (F) "DISPROPORTIONATELY HIGH HUMAN HEALTH EFFECTS" MEANS 23 ADVERSE EFFECTS ON THE HEALTH OF AN AFFECTED COMMUNITY THAT 24 EXCEED OR THREATEN TO EXCEED THE ADVERSE EFFECTS ON HUMAN HEALTH 25 FOUND IN THE SURROUNDING AREA OR REGION. 04515'97 a 3 1 (G) "EMISSIONS" INCLUDES EMISSIONS AND DISCHARGES FROM POINT 2 AND NONPOINT POLLUTION SOURCES, WHETHER PERMITTED OR 3 NONPERMITTED. 4 (H) "ENVIRONMENT" MEANS THE COMBINATION OF PHYSICAL, SOCIAL, 5 AND CULTURAL CONDITIONS THAT AFFECT AND INFLUENCE GROWTH, DEVEL- 6 OPMENT, AND SURVIVAL, INCLUDING BUT NOT LIMITED TO COMMUNITIES 7 AND LOCATIONS WITHIN COMMUNITIES WHERE PEOPLE LIVE, WORK, AND 8 PLAY. 9 (I) "ENVIRONMENTAL JUSTICE" MEANS THE FAIR TREATMENT AND 10 MEANINGFUL INVOLVEMENT OF ALL PEOPLE REGARDLESS OF RACE, COLOR, 11 NATIONAL ORIGIN, OR INCOME, WITH RESPECT TO THE DEVELOPMENT, 12 IMPLEMENTATION, AND ENFORCEMENT OF ENVIRONMENTAL LAWS, RULES, AND 13 POLICIES. FAIR TREATMENT MEANS THAT NO GROUP OF PEOPLE, INCLUD- 14 ING RACIAL, ETHNIC, OR SOCIOECONOMIC GROUPS, SHOULD BEAR A DIS- 15 PROPORTIONATE SHARE OF THE NEGATIVE ENVIRONMENTAL EFFECTS RESULT- 16 ING FROM INDUSTRIAL, MUNICIPAL, AND COMMERCIAL OPERATIONS OR THE 17 EXECUTION OF FEDERAL, STATE, LOCAL, AND TRIBAL PROGRAMS AND 18 POLICIES. 19 (J) "ENVIRONMENTAL OMBUDSMAN" OR "OMBUDSMAN" MEANS THE INDI- 20 VIDUAL WHO HOLDS THE OFFICE OF ENVIRONMENTAL OMBUDSMAN CREATED IN 21 SECTION 1306. 22 (K) "GENERAL PUBLIC CONCERN OR CONTROVERSY" MEANS THE PUBLIC 23 EXPRESSION OF DISSATISFACTION OR DISCONTENT WITH A PROPOSED 24 ACTION. 25 (l) "HEALTH DATA" MEANS DATA RELATING TO HUMAN HEALTH, OR 26 ENVIRONMENTAL QUALITY, WITHIN AN AREA POTENTIALLY AFFECTED BY 27 EMISSIONS FROM A NEW POLLUTION SOURCE OR THE MODIFICATION OF AN 04515'97 a 4 1 EXISTING POLLUTION SOURCE. EXAMPLES INCLUDE, BUT ARE NOT LIMITED 2 TO, LEVELS OF CANCERS, ASTHMA, EMPHYSEMA, BIRTH DEFECTS, LOW 3 BIRTH WEIGHT, INFANT AND CHILD MORTALITY, BLOOD LEAD LEVELS, 4 ENDOCRINE SYSTEM DISRUPTIONS, AND ASBESTOSIS. 5 (M) "HOST COMMUNITY" MEANS THE GEOGRAPHIC UNIT OF GOVERNMENT 6 POSSESSING ZONING AUTHORITY ENCOMPASSED WITHIN AN AREA SURROUND- 7 ING EITHER A PROPOSED NEW POLLUTION SOURCE, OR A PROPOSED MODIFI- 8 CATION TO AN EXISTING POLLUTION SOURCE, THAT WOULD BE EXPOSED TO 9 POLLUTION. 10 (N) "IMPACT" MEANS ANY IDENTIFIABLE CHANGE IN SOME ELEMENT 11 OF THE HUMAN OR NATURAL ENVIRONMENT. 12 (O) "MEANINGFUL INFORMATION" MEANS INFORMATION TO WHICH ALL 13 OF THE FOLLOWING APPLY: 14 (i) THE INFORMATION IS UNDERSTANDABLE TO THOSE WITHOUT A 15 HIGHER EDUCATION DEGREE. 16 (ii) THE INFORMATION INCLUDES THE CLEAR PRESENTATION OF WHAT 17 A FACILITY PRODUCES, WHAT POLLUTANTS IT RELEASES, HOW THESE POL- 18 LUTANTS ARE MANAGED, POLLUTION CONTROL TECHNOLOGY, ALTERNATIVES 19 TO POLLUTION CONTROL TECHNOLOGY, AND THE POTENTIAL RISK TO THE 20 POPULATION. 21 (iii) THE PUBLIC HAS REASONABLE ACCESS TO THE INFORMATION, 22 INCLUDING THE ABILITY TO OBTAIN PERMIT-RELATED DOCUMENTS, RELI- 23 ABLE STUDIES, AND STAFF ACTIVITY REPORTS SUFFICIENTLY IN ADVANCE 24 OF PUBLIC HEARINGS TO BE ABLE TO ADEQUATELY REVIEW AND CONSIDER 25 THE INFORMATION AND TO OBTAIN THE INFORMATION. 26 (P) "MINORITY COMMUNITY" INCLUDES THOSE INDIVIDUALS WHO ARE 27 MEMBERS OF POPULATION GROUPS RECOGNIZED BY THE FEDERAL OR STATE 04515'97 a 5 1 GOVERNMENT, INCLUDING BUT NOT LIMITED TO NATIVE AMERICAN AND 2 INDIGENOUS PERSON, ARAB-AMERICAN, ASIAN OR PACIFIC ISLANDER, 3 AFRICAN-AMERICAN, OR HISPANIC. MINORITY COMMUNITIES EXIST WHERE 4 THE POPULATION OF MINORITIES WITHIN AN AFFECTED COMMUNITY IS DIS- 5 PROPORTIONATELY LARGER THAN THE POPULATION OF MINORITIES WITHIN 6 THE STATE. A MINORITY COMMUNITY MAY BE A GROUP OF INDIVIDUALS 7 LIVING IN GEOGRAPHIC PROXIMITY TO ONE ANOTHER OR A GEOGRAPHICALLY 8 DISPERSED OR TRANSIENT SET OF INDIVIDUALS, SUCH AS MIGRANT WORK- 9 ERS, WHERE EITHER TYPE OF GROUP EXPERIENCES COMMON CONDITIONS OF 10 ENVIRONMENTAL EXPOSURE OR EFFECT. THE APPROPRIATE UNIT OF GEO- 11 GRAPHIC ANALYSIS MAY BE A GOVERNING BODY'S JURISDICTION, A NEIGH- 12 BORHOOD, CENSUS TRACT, OR OTHER SIMILAR UNIT THAT IS TO BE CHOSEN 13 SO AS TO NOT ARTIFICIALLY DILUTE OR INFLATE THE AFFECTED MINORITY 14 POPULATION. 15 (Q) "PERMIT" MEANS ANY GOVERNMENTAL AUTHORIZATION TO PROCEED 16 WITH CONSTRUCTION, MODIFICATION, OR OPERATION OF A FACILITY OR 17 ACTIVITY REQUIRED BY EITHER STATE LAW OR LOCAL ORDINANCE. PERMIT 18 DOES NOT MEAN A GOVERNMENTAL AUTHORIZATION TO MODIFY A FACILITY 19 FOR CLOSURE. 20 (R) "PERMIT REVIEW PROCESS" INCLUDES PREAPPLICATION MEETINGS 21 BETWEEN DEPARTMENT EMPLOYEES AND A PERSON INTERESTED IN SEEKING A 22 PERMIT; THE SUBMISSION OF AN APPLICATION; AND PUBLIC HEARINGS, 23 PRODUCTION OF DEPARTMENT REPORTS, AND A FINAL DECISION ON AN 24 APPLICATION. 25 (S) "PUBLIC PARTICIPATION PROCESS" MEANS A PROCESS THAT DOES 26 ALL OF THE FOLLOWING: 04515'97 a 6 1 (i) PROVIDES AN OPPORTUNITY FOR MEANINGFUL PUBLIC INPUT THAT 2 WILL INFLUENCE DECISIONS ABOUT ACTIONS THAT AFFECT HUMAN LIFE. 3 (ii) COMMUNICATES THE INTERESTS AND MEETS THE PROCESS NEEDS 4 OF ALL PARTICIPANTS. 5 (iii) SEEKS OUT AND FACILITATES THE INVOLVEMENT OF THOSE 6 POTENTIALLY AFFECTED. 7 (iv) INVOLVES PARTICIPANTS IN DEFINING HOW THEY 8 PARTICIPATE. 9 (v) COMMUNICATES TO PARTICIPANTS HOW THEIR INPUT WAS, OR WAS 10 NOT, UTILIZED. 11 (vi) PROVIDES PARTICIPANTS WITH THE INFORMATION THEY NEED TO 12 PARTICIPATE. 13 (T) "SIGNIFICANT IMPACT" MEANS ANY IMPACT THAT MAY, INDIVID- 14 UALLY OR CUMULATIVELY, ADVERSELY AFFECT HUMAN HEALTH OR THE 15 ENVIRONMENT. SIGNIFICANT IMPACTS CAN RESULT FROM CUMULATIVE 16 EFFECTS. 17 (U) "SITE" MEANS A LOCATION OF ENVIRONMENTAL CONTAMINATION. 18 SEC. 1302. THE REQUIREMENTS OF THIS PART APPLY IN ADDITION 19 TO ANY OTHER REQUIREMENTS OF THIS ACT. IF THERE IS A CONFLICT 20 BETWEEN A PROVISION OF THIS PART AND A PROVISION OF ANY OTHER 21 PART OF THIS ACT, THE PROVISION OF THIS PART APPLIES. 22 SEC. 1303. (1) A NOTICE OF A PERMIT APPLICATION FOR ANY 23 ENVIRONMENTAL PROGRAM IN THIS STATE THAT MAY HAVE A SIGNIFICANT 24 IMPACT SHOULD INDICATE THE NAME, ADDRESS, AND TELEPHONE NUMBER OF 25 A DEPARTMENT OFFICIAL TO MAKE THE DECISION, AND ALL OTHER DEPART- 26 MENT PERSONNEL WHO WILL EVALUATE THE DECISION, WHO HAVE 04515'97 a 7 1 ADDITIONAL INFORMATION ABOUT A PENDING ACTION, OR WHO HOLD 2 ORIGINAL FILES, APPLICATIONS, CONSENT ORDERS, OR PERMITS. 3 (2) A NOTICE OF SUCH A PERMIT APPLICATION SHALL BE ISSUED IN 4 WRITING, AND OTHER MEANS MOST APPROPRIATE TO THE HOST COMMUNITY, 5 IN LANGUAGE UNDERSTANDABLE TO THE AVERAGE PERSON IN THAT COMMUNI- 6 TY, INCLUDING IN LANGUAGES OTHER THAN ENGLISH IF APPROPRIATE. 7 (3) A NOTICE OF SUCH A PERMIT APPLICATION SHALL BE ISSUED AT 8 LEAST 60 DAYS IN ADVANCE OF ANY PUBLIC HEARING TO ENSURE THAT THE 9 PUBLIC HAS AN ADEQUATE OPPORTUNITY TO BECOME INFORMED AND PROVIDE 10 MEANINGFUL INPUT INTO DECISION MAKING. 11 (4) A NOTICE OF SUCH A PERMIT APPLICATION SHALL BE MADE 12 AVAILABLE TO THE PUBLIC THROUGH ADVERTISING IN LOCAL NEWSPAPERS, 13 PUBLIC SERVICE ANNOUNCEMENTS INVOLVING MAJOR SOURCES, DISTRIBU- 14 TION TO PUBLIC SCHOOLS, PUBLIC HEALTH OFFICES, SENIOR CENTERS, 15 RELIGIOUS CENTERS, NEIGHBORHOOD ORGANIZATION NEWSLETTERS, LOCAL 16 CABLE ACCESS, HOSPITALS LOCATED IN A HOST COMMUNITY, AND ENVIRON- 17 MENTAL ORGANIZATIONS. 18 SEC. 1304. (1) THE DEPARTMENT SHALL HOLD A PUBLIC HEARING 19 UPON THE WRITTEN REQUEST OF ANY CITIZEN RESIDING IN THE HOST COM- 20 MUNITY AND WITH RESPECT TO ANY PERMIT APPLICATION THAT RAISES 21 GENERAL PUBLIC CONCERN OR CONTROVERSY. 22 (2) A PUBLIC HEARING SHALL BE HELD IN THE CITY, VILLAGE, OR 23 TOWNSHIP OF THE PROPOSED FACILITY OR ACTIVITY AND AS CLOSE TO THE 24 PROPOSED SITE AS POSSIBLE. THE DEPARTMENT SHALL SEEK TO USE 25 SCHOOLS OR OTHER LOCAL FACILITIES, INCLUDING RELIGIOUS CENTERS, 26 CHURCHES, TEMPLES, OR MOSQUES. 04515'97 a 8 1 (3) THE DEPARTMENT SHALL HOLD A PUBLIC HEARING AT A TIME AND 2 LOCATION THAT WILL ENABLE THE GREATEST NUMBERS OF THE CONCERNED 3 PUBLIC AND INTERESTED INDIVIDUALS TO ATTEND THE PUBLIC HEARING. 4 THIS MAY MEAN THAT PUBLIC HEARINGS WILL BE CONVENED IN THE 5 EVENING. 6 (4) THE DEPARTMENT SHALL MAINTAIN A RECORD SHOWING PUBLIC 7 HEARING PARTICIPANTS, THEIR ORGANIZATIONAL AFFILIATION, IF APPLI- 8 CABLE, AND A COMPLETE TEXT OF WRITTEN COMMENTS. 9 (5) DEPARTMENT OFFICIALS CONDUCTING PUBLIC HEARINGS SHALL 10 ANSWER QUESTIONS OF THE PUBLIC THAT THEY ARE ABLE TO ANSWER ON 11 ANY ISSUE PERTAINING TO THE APPLICATION. THE DEPARTMENT OFFI- 12 CIALS SHALL ENCOURAGE AND SOLICIT QUESTIONS FROM DEPARTMENT STAFF 13 AND STAFF REACTIONS TO PUBLIC INPUT. 14 (6) AT A PUBLIC HEARING, THE OPPORTUNITY FOR PUBLIC COMMENT 15 SHALL BE DISTRIBUTED EQUITABLY BETWEEN REGULATED PARTIES AND MEM- 16 BERS OF THE GENERAL PUBLIC. 17 (7) IF THE ENVIRONMENTAL OMBUDSMAN HAS DETERMINED THAT A 18 PERMIT APPLICATION OR MODIFICATION HAS THE POTENTIAL FOR DISPRO- 19 PORTIONATELY HIGH AND ADVERSE EFFECTS ON A LOW-INCOME OR MINORITY 20 COMMUNITY, THE DECISION-MAKER SHALL ATTEMPT TO PROVIDE INFORMA- 21 TION TO THE POTENTIALLY AFFECTED POPULATION AND TO SEEK INPUT 22 FROM THIS POPULATION. THE DEPARTMENT SHALL CONTACT LOCAL COMMU- 23 NITY MEMBERS OR INTEREST GROUPS WITH SPECIFIC INTERESTS IN, OR 24 UNDERSTANDINGS OF, ENVIRONMENTAL JUSTICE ISSUES FOR ADVICE TO 25 IDENTIFY POTENTIAL AREAS OF CONCERN AND MITIGATION ACTIONS. 04515'97 a 9 1 SEC. 1305. (1) THE DEPARTMENT SHALL LOG OR RECORD 2 IMMEDIATELY UPON RECEIPT AND SHALL ACKNOWLEDGE A CITIZEN 3 COMPLAINT ABOUT POLLUTION OR DEPARTMENT PROCEDURES. 4 (2) THE DEPARTMENT SHALL RESPOND TO A CITIZEN COMPLAINT 5 ABOUT POLLUTION OR DEPARTMENT PROCEDURES IN A MANNER THAT 6 REFLECTS A SERIOUS AND MEANINGFUL ATTEMPT TO REACT TO THE ISSUES 7 PRESENTED BY THE COMPLAINT. THE DEPARTMENT SHALL RESPOND IMMEDI- 8 ATELY IF POSSIBLE OR BY FOLLOW-UP WITHIN A REASONABLE TIME. 9 (3) THE DEPARTMENT SHALL DETERMINE WHETHER AN APPLICANT HAS 10 BEEN CITED FOR VIOLATIONS OF ENVIRONMENTAL LAWS OR CONVICTED OF 11 VIOLATING ENVIRONMENTAL, CONSUMER PROTECTION, ANTITRUST, LABOR, 12 OR EMPLOYMENT LAWS A PART OF THE PERMIT REVIEW PROCESS. IF AN 13 APPLICANT HAS BEEN CHARGED OR CONVICTED OF A VIOLATION OF ANY OF 14 THESE LAWS, THE DEPARTMENT SHALL NOTIFY THE PUBLIC, IN THE STAFF 15 ACTIVITY REPORT AND AT ANY PUBLIC HEARINGS, AND SHALL NOTIFY THE 16 GOVERNING BODY AND ZONING COMMISSION, IF ANY, OF THE HOST 17 COMMUNITY. 18 (4) THE DEPARTMENT SHALL DISCLOSE ANY INFORMATION ON NONCOM- 19 PLIANCE WITH ENVIRONMENTAL, CONSUMER PROTECTION, ANTITRUST, 20 LABOR, OR EMPLOYMENT LAWS BY A REGULATED PARTY CANDIDLY TO ANY 21 COMPLAINANT. 22 (5) THE DEPARTMENT SHALL PROMPTLY INFORM ALL COMPLAINANTS OF 23 ANY FINAL DECISION BY THE DEPARTMENT ON HOW A COMPLAINT WILL BE 24 RESOLVED, WHETHER BY ACTION OR INACTION, IMMEDIATELY UPON A 25 DETERMINATION OF THE CONTESTED ISSUES. 26 (6) THE DEPARTMENT SHALL MAINTAIN A TOLL-FREE TELEPHONE 27 HOTLINE NUMBER TO RECEIVE COMPLAINTS ABOUT FACILITIES AND 04515'97 a 10 1 REGULATED PARTIES. A LOG OF CALLS SHALL BE MAINTAINED AND 2 PROVIDED ON A MONTHLY BASIS TO THE ENVIRONMENTAL OMBUDSMAN. 3 (7) THE DEPARTMENT SHALL PUBLISH A SIGNIFICANT VIOLATOR LIST 4 ACROSS ALL PROGRAMS TO INFORM ALL DEPARTMENT DIVISIONS AND THE 5 PUBLIC OF CURRENT AND RECENT UNRESOLVED VIOLATIONS. 6 SEC. 1306. (1) THE OFFICE OF ENVIRONMENTAL OMBUDSMAN IS 7 CREATED WITHIN THE DEPARTMENT AS AN INDEPENDENT OFFICE TO PROVIDE 8 MEANINGFUL TECHNICAL ASSISTANCE TO HOST COMMUNITIES POTENTIALLY 9 AFFECTED BY NEW PERMITS AND PERMIT MODIFICATIONS. 10 (2) FUNDING FOR THE OFFICE OF ENVIRONMENTAL OMBUDSMAN SHALL 11 BE PROVIDED ANNUALLY BY THE LEGISLATURE FOR A PERIOD OF NOT LESS 12 THAN 10 YEARS. 13 (3) FUNDING FOR THE OFFICE OF ENVIRONMENTAL OMBUDSMAN SHALL 14 BE SUFFICIENT TO ENABLE THE OFFICE TO DESIGN, DIRECT, AND UNDER- 15 TAKE PUBLIC OUTREACH AND EDUCATIONAL EVENTS AND TO PERFORM INDE- 16 PENDENT ENVIRONMENTAL INVESTIGATIONS, ASSESSMENTS, AND KNOWN AND 17 POTENTIAL RISK SOURCE INVENTORY. 18 (4) THE OMBUDSMAN MAY INSPECT RECORDS MAINTAINED BY THE 19 DEPARTMENT AND THE DEPARTMENT OF COMMUNITY HEALTH, INCLUDING 20 INTERNAL REPORTS AND INTERAGENCY CORRESPONDENCE, AND RECORDS 21 RELATED TO COMPLIANCE AND ENFORCEMENT. 22 (5) THE OMBUDSMAN SHALL REPORT TO THE ENVIRONMENTAL EQUITY 23 COMMISSION ON A QUARTERLY BASIS. 24 (6) THE OMBUDSMAN SHALL MAINTAIN A LIBRARY CONTAINING ENVI- 25 RONMENTAL JUSTICE REPORTS PUBLISHED BY THE UNITED STATES ENVIRON- 26 MENTAL PROTECTION AGENCY, NONPROFIT ORGANIZATIONS, AND STUDIES 27 PUBLISHED IN PROFESSIONAL PUBLICATIONS, INCLUDING LAW REVIEWS AND 04515'97 a 11 1 HEALTH AND ENVIRONMENTAL JOURNALS. THIS LIBRARY SHALL BE 2 ACCESSIBLE TO THE PUBLIC. 3 (7) THE DEPARTMENT SHALL PROVIDE THE OMBUDSMAN COPIES OF ALL 4 PERMIT APPLICATIONS OR MODIFICATIONS. THE OMBUDSMAN SHALL DETER- 5 MINE WHETHER THE POTENTIALLY AFFECTED COMMUNITY INCLUDES A MINOR- 6 ITY COMMUNITY OR LOW-INCOME POPULATION. IF SO, THE OMBUDSMAN 7 SHALL NOTIFY THE DEPARTMENT AND THE DEPARTMENT SHALL PROVIDE 8 ENHANCED PUBLIC PARTICIPATION. 9 (8) THE DEPARTMENT SHALL PROMPTLY SEND COPIES OF ALL COM- 10 PLAINTS RECEIVED ABOUT ANY PERMITTED FACILITY TO THE OMBUDSMAN. 11 THE OMBUDSMAN MAY ALSO RECEIVE COMPLAINTS DIRECTLY FROM THE 12 PUBLIC AND SHALL SEND COPIES OF SUCH COMPLAINTS TO THE APPROPRI- 13 ATE DIVISION WITH THE DEPARTMENT. ALL COMPLAINTS RECEIVED IN THE 14 OMBUDSMAN'S OFFICE SHALL BE ACKNOWLEDGED WITHIN 3 TO 5 DAYS OF 15 RECEIPT OF THE COMPLAINT. THE ACKNOWLEDGMENT SHALL CONTAIN 16 INFORMATION ABOUT THE STEPS TO BE FOLLOWED BY THE OMBUDSMAN. 17 (9) THE OMBUDSMAN SHALL ORGANIZE ALL COMPLAINTS BY GEOGRAPH- 18 ICAL AREA, INCLUDING CENSUS BLOCK AND COUNTY, AND BY POLLUTION 19 SOURCE. THE OMBUDSMAN SHALL DETERMINE WHETHER COMPLAINTS REGARD- 20 ING PERMITTED FACILITIES ARE RESPONDED TO BY THE DEPARTMENT IN A 21 TIMELY AND APPROPRIATE MANNER, AND DETERMINE WHETHER THE FACILI- 22 TIES THAT ARE THE SUBJECT OF SUCH COMPLAINTS ARE DISPROPORTION- 23 ATELY LOCATED IN MINORITY COMMUNITIES. 24 SEC. 1307. (1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS 25 ACT, THE DEPARTMENT SHALL NOT ISSUE A PERMIT TO A PROPOSED OR 26 EXISTING POLLUTION SOURCE UNLESS THE DEPARTMENT MAKES A FINDING 27 THAT ISSUING THE PERMIT WOULD NOT CAUSE A SIGNIFICANT IMPACT. 04515'97 a 12 1 THE DEPARTMENT'S FINDING SHALL BE BASED UPON A DETAILED 2 ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT OF THE INDIVIDUAL AND 3 CUMULATIVE IMPACTS OF THE PERMIT. THE DEPARTMENT SHALL PRODUCE 4 THE RESULTS OF SUCH ANALYSIS IN AN ENVIRONMENTAL AND SOCIAL 5 IMPACT ASSESSMENT BEFORE THE BEGINNING OF THE PUBLIC COMMENT 6 PERIOD REQUIRED BY LAW. 7 (2) THE ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENTS SHALL BE 8 CONDUCTED TO DETERMINE POTENTIAL EFFECTS ON THE AFFECTED COMMU- 9 NITY AND EXPOSURE PATHWAYS, INCLUDING BUT NOT LIMITED TO DERMAL, 10 INGESTION, INHALATION, AND EXISTING BODY BURDEN. THE DEPARTMENT 11 SHALL OVERLAY THIS INFORMATION WITH INFORMATION OBTAINED FROM 12 LOCATIONAL ANALYSES USING GEOGRAPHIC INFORMATION SYSTEM AND 13 CENSUS DATA TO IDENTIFY MINORITY COMMUNITIES OR LOW-INCOME POPU- 14 LATIONS THAT ARE LOCATED WITHIN THE IDENTIFIED EXPOSURE 15 PATHWAYS. OTHER INFORMATION WHICH MAY BE USED INCLUDES THE 16 NATIONAL HUMAN EXPOSURE ASSESSMENT SURVEY, NATIONAL HEALTH AND 17 NUTRITION EXAMINATION SURVEY III, ENVIRONMENTAL DATA FROM AIR 18 MONITORING SYSTEMS, AND THE TOXIC RELEASE INVENTORY DATABASE. 19 (3) EACH ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT SHALL 20 CONTAIN ALL OF THE FOLLOWING: 21 (A) A DESCRIPTION OF THE POTENTIAL IMPACT OF THE ACTION ON 22 THE ENVIRONMENT, INCLUDING ANY ASSOCIATED IMPACTS ON HUMAN LIFE. 23 (B) A DESCRIPTION OF THE PROBABLE, UNAVOIDABLE ADVERSE 24 IMPACTS OF THE ACTION, INCLUDING BUT NOT LIMITED TO AIR OR WATER 25 POLLUTION, THREATS TO HUMAN HEALTH, OR OTHER ADVERSE EFFECTS ON 26 HUMAN LIFE. 04515'97 a 13 1 (C) A DESCRIPTION OF OTHER SITES OF KNOWN OR POTENTIAL 2 ENVIRONMENTAL RISK IN THE HOST COMMUNITY WITHIN A 3-MILE RADIUS. 3 (D) A DESCRIPTION OF ANY VULNERABLE POPULATIONS IN THE 4 AFFECTED COMMUNITY, INCLUDING BUT NOT LIMITED TO CHILDREN WITH 5 ELEVATED BLOOD-LEAD LEVELS, THE ELDERLY, AND LOW-INCOME 6 POPULATIONS. 7 (E) A DESCRIPTION OF WHETHER THE HOST SITE OR AFFECTED COM- 8 MUNITY IS PREDOMINANTLY RESIDENTIAL AND WHETHER PUBLIC OR PRIVATE 9 SCHOOLS, RECREATIONAL FACILITIES, NURSING HOMES, HEALTH CARE 10 FACILITIES, PUBLIC HOUSING, DAY-CARE FACILITIES, LIBRARIES, OR 11 HOSPITALS ARE LOCATED WITHIN 3 MILES OF THE PROPOSED SITE. 12 (F) A DESCRIPTION OF THE NUMBER OF JOBS EXPECTED TO BE CRE- 13 ATED BY CONSTRUCTION AND OPERATION OF THE PROPOSED SITE AND THE 14 FACTS SUPPORTING SUCH AN ASSESSMENT; THE PERCENTAGE OF FULL-TIME 15 AND PART-TIME JOBS; OCCUPATIONAL CATEGORIES; THE PAY SCALE FOR 16 SUCH JOBS; THE PERCENT OF THE WORK FORCE FOR SUCH JOBS THAT WOULD 17 BE PAID MINIMUM WAGE; AND THE PERCENT OF THOSE EXPECTED TO BE 18 HIRED FOR SUCH JOBS FROM THE HOST COMMUNITY. 19 (G) A DESCRIPTION OF WHETHER THE PROPOSED SITE IS IN A HOST 20 COMMUNITY IN WHICH THE PERCENTAGE OF INDIVIDUALS WHO BELONG TO A 21 RACIAL MINORITY GROUP IS GREATER THAN IN THE COUNTY OR THE 22 STATE. 23 (H) THE AGE OF THE POPULATION OF THE HOST COMMUNITY RELATIVE 24 TO THE COUNTY AND STATE ACCORDING TO THE MOST RECENT U.S. CENSUS 25 BUREAU REPORTS. 26 (I) A DESCRIPTION OF STATE OR CITY TAX ABATEMENTS OR 27 SUBSIDIES RECEIVED BY THE APPLICANT, INCLUDING BUT NOT LIMITED TO 04515'97 a 14 1 LOANS, INDUSTRIAL DEVELOPMENT BONDS, AND FUNDS OBTAINED FROM THE 2 MICHIGAN STRATEGIC FUND. THIS DESCRIPTION SHALL INCLUDE A SUM- 3 MARY OF THE TOTAL COST TO THE TAXPAYERS OF THE PROPOSED 4 FACILITY. 5 (J) AN EVALUATION OF WHETHER THE APPLICANT HAS EVER BEEN 6 CITED FOR OR CONVICTED OF A VIOLATION OF ENVIRONMENTAL, ANTI- 7 TRUST, CONSUMER PROTECTION, ELECTION, EMPLOYMENT, OR LABOR LAWS. 8 (K) AN EVALUATION OF ALTERNATIVES TO THE PROPOSED ACTION 9 THAT MIGHT AVOID SOME OR ALL OF THE ADVERSE IMPACTS, INCLUDING AN 10 EXPLANATION OF WHY EACH ALTERNATIVE WAS NOT SELECTED AND WHY THE 11 DEPARTMENT DETERMINED TO PURSUE THE ACTION IN ITS CONTEMPLATED 12 FORM. 13 (l) THE POSSIBLE MODIFICATIONS TO THE PROJECT OR MITIGATION 14 MEASURES THAT WOULD ELIMINATE OR MINIMIZE ADVERSE IMPACTS, 15 INCLUDING A DISCUSSION OF THE ADDITIONAL COSTS INVOLVED IN SUCH 16 MODIFICATIONS OR MITIGATION MEASURES. 17 (4) UPON COMPLETION OF THE ENVIRONMENTAL AND SOCIAL IMPACT 18 ASSESSMENT, THE DEPARTMENT SHALL MAKE THE ASSESSMENT PART OF THE 19 OFFICIAL RECORD OF THE APPLICANT. THE DEPARTMENT SHALL PROVIDE 20 COPIES OF THE ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT TO THE 21 PUBLIC AT ANY PUBLIC HEARINGS, TO THE ENVIRONMENTAL EQUITY AND 22 JUSTICE COMMISSION, TO APPROPRIATE LOCAL AGENCIES, TO PUBLIC AND 23 PRIVATE ORGANIZATIONS, AND, UPON REQUEST, TO CITIZENS FOR THEIR 24 REVIEW AND COMMENT. 25 (5) THE DEPARTMENT SHALL PROVIDE A FORUM FOR PUBLIC COMMENTS 26 ON ANY ACTION THAT MAY RESULT IN POTENTIAL IMPAIRMENT OR 04515'97 a 15 1 DESTRUCTION TO HUMAN HEALTH OR THE ENVIRONMENT IF IT DETERMINES 2 THAT THE PUBLIC HAS NOT HAD SUFFICIENT OPPORTUNITY TO BE HEARD. 3 SEC. 1308. (1) SUBJECT TO SUBSECTIONS (4) AND (5), THE 4 DEPARTMENT AND ANY OTHER GOVERNMENTAL ENTITY WITH PERMITTING OR 5 ZONING AUTHORITY CONCERNING A FACILITY SHALL OPERATE UNDER THE 6 PRESUMPTIONS IN SUBSECTIONS (2) AND (3). 7 (2) THERE IS A REBUTTABLE PRESUMPTION AGAINST PERMITTING THE 8 CONSTRUCTION, MODIFICATION, OR OPERATION OF ANY POLLUTION SOURCE 9 IF BOTH OF THE FOLLOWING APPLY: 10 (A) THE POLLUTION SOURCE WOULD HAVE A SIGNIFICANT IMPACT. 11 (B) THERE ARE ALREADY DISPROPORTIONATELY HIGH AND ADVERSE 12 EFFECTS TO MINORITY COMMUNITIES OR LOW-INCOME POPULATIONS IN THE 13 HOST COMMUNITY. 14 (3) THERE IS A REBUTTABLE PRESUMPTION AGAINST PERMITTING THE 15 CONSTRUCTION, MODIFICATION, OR OPERATION OF ANY POLLUTION SOURCE 16 IF BOTH OF THE FOLLOWING APPLY: 17 (A) THE POLLUTION SOURCE WOULD HAVE A SIGNIFICANT IMPACT. 18 (B) THE PROSPECTIVE SITE OR THE MODIFICATION TO AN EXISTING 19 SITE WILL IMPACT A COMMUNITY NOT WITHIN THE JURISDICTION OF THE 20 LOCAL ZONING AUTHORITY. 21 (4) THE PRESUMPTION IN SUBSECTION (2) MAY BE REBUTTED IF 1 22 OR MORE OF THE FOLLOWING APPLY: 23 (A) NO OTHER SUITABLE SITE FOR SUCH A FACILITY IS AVAILABLE 24 IN THE COUNTY BECAUSE OF AQUIFER VULNERABILITY, SENSITIVE ENVI- 25 RONMENTAL ATTRIBUTES, OR CONCENTRATIONS OF POLLUTING FACILITIES. 04515'97 a 16 1 (B) THE HOST COMMUNITY HAS CHOSEN TO ACCEPT THE SITING OF 2 THE FACILITY BECAUSE OF INCENTIVES SUCH AS 1 OR MORE OF THE 3 FOLLOWING: 4 (i) INCREASED EMPLOYMENT OPPORTUNITIES FOR THOSE RESIDING IN 5 THE AFFECTED COMMUNITY. 6 (ii) REASONABLE HOST FEES NOT TO EXCEED PREVAILING STATE 7 AVERAGE. 8 (iii) CONTRIBUTIONS BY THE FACILITY TO THE COMMUNITY INFRA- 9 STRUCTURE, SUCH AS ROAD MAINTENANCE OR PARK DEVELOPMENT. 10 (iv) COMPENSATION TO ADJACENT INDIVIDUAL LANDOWNERS FOR ANY 11 DECREASE IN PROPERTY VALUES. 12 (v) SUBSIDIZATION OF COMMUNITY SERVICES. 13 (5) THE PRESUMPTION IN SUBSECTION (2) OR (3) MAY BE REBUTTED 14 IF THE DEPARTMENT AGREES TO REQUIRE OR UNDERTAKE MITIGATION MEA- 15 SURES IN CONSULTATION WITH THE AFFECTED COMMUNITY. MITIGATION 16 MEASURES MAY INCLUDE A VARIETY OF APPROACHES FOR ADDRESSING 17 POTENTIAL EFFECTS AND BALANCING THE NEEDS AND CONCERNS OF THE 18 AFFECTED COMMUNITY WITH THE REQUIREMENTS OF THE ACTION OR ACTIVI- 19 TY, SUCH AS 1 OR MORE OF THE FOLLOWING: 20 (A) REDUCING POLLUTANT LOADINGS THROUGH CHANGES IN PROCESSES 21 OR TECHNOLOGIES. 22 (B) REDUCING OR ELIMINATING OTHER SOURCES OF POLLUTANTS OR 23 IMPACTS TO REDUCE CUMULATIVE IMPACTS. 24 (C) PLANNING FOR AND ADDRESSING INDIRECT IMPACTS BEFORE 25 PROJECT INITIATION, SUCH AS PLANNING FOR ALTERNATIVE PUBLIC 26 TRANSPORTATION IF THE PROJECT MAY RESULT IN INCREASED POPULATION 27 GROWTH. 04515'97 a 17 1 (D) PROVIDING ASSISTANCE TO AN AFFECTED COMMUNITY TO ENSURE 2 THAT IT RECEIVES AT LEAST ITS PROPORTIONAL SHARE OF THE ANTICI- 3 PATED BENEFITS OF THE PROPOSED ACTION, SUCH AS THROUGH JOB TRAIN- 4 ING OR COMMUNITY INFRASTRUCTURE IMPROVEMENTS. 5 (E) RELOCATING AFFECTED COMMUNITIES UPON REQUEST OR WITH 6 CONCURRENCE FROM THE AFFECTED INDIVIDUALS. 7 (F) ESTABLISHING A COMMUNITY OVERSIGHT COMMITTEE TO MONITOR 8 PROGRESS AND IDENTIFY POTENTIAL COMMUNITY CONCERNS. 9 (G) CHANGING THE TIMING OF AN IMPACT, SUCH AS NOISE OR POL- 10 LUTANT LOADINGS, TO REDUCE EFFECTS ON MINORITY COMMUNITIES OR 11 LOW-INCOME POPULATIONS. 12 (H) CONDUCTING MEDICAL MONITORING ON AFFECTED COMMUNITIES 13 AND PROVIDING TREATMENT OR OTHER RESPONSES IF NECESSARY. 14 (6) THE DEPARTMENT SHALL NOT ISSUE A PERMIT FOR A HAZARDOUS 15 WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITY, SOLID WASTE DIS- 16 POSAL AREA, OR MAJOR SOURCE TO LOCATE WITHIN 5,000 FEET OF ANY 17 RESIDENTIAL PROPERTY, DAY-CARE PROPERTY, CHURCH PROPERTY, SCHOOL 18 PROPERTY, OR PARK PROPERTY. 19 (7) THE DEPARTMENT SHALL ASSIST COMMUNITIES TO ENTER INTO 20 CLAWBACK AGREEMENTS WITH THE OPERATORS OF ANY NEW FACILITY. IF A 21 LOCAL UNIT OF GOVERNMENT DECIDES TO OFFER INCENTIVES TO THE OPER- 22 ATORS OF A FACILITY TO LOCATE IN THE COMMUNITY IN EXCHANGE FOR 23 PROMISES OF ECONOMIC DEVELOPMENT AND INCREASED EMPLOYMENT, THE 24 LOCAL UNIT OF GOVERNMENT AND THE FACILITY MAY ENTER A CLAWBACK 25 AGREEMENT. 26 SEC. 1309. (1) A PERSON SEEKING TO ENFORCE THIS PART MAY 27 SUE EITHER FOR SUCH PERSON OR FOR OTHER PERSONS SIMILARLY 04515'97 a 18 1 SITUATED, OR BOTH, IN THE CIRCUIT COURT FOR THE COUNTY IN WHICH 2 THE VIOLATION IS ALLEGED TO HAVE OCCURRED. 3 (2) THE RIGHTS AND REMEDIES PROVIDED BY THIS PART ARE IN 4 ADDITION TO, AND NOT IN LIEU OF, ANY OTHER STATUTORY RIGHTS AND 5 REMEDIES, AND ARE NOT INTENDED TO ALTER OR AFFECT OTHER STATUTORY 6 RIGHTS AND REMEDIES. 7 (3) A PERSON SEEKING TO ENFORCE THIS PART MUST BRING AN 8 ACTION WITHIN 3 YEARS OF THE TIME FOLLOWING A DECISION TO GRANT A 9 PERMIT. 10 (4) IN A SUIT UNDER THIS PART, THE COURT, IN ITS DISCRETION, 11 SHALL ALLOW THE PREVAILING PLAINTIFFS AN AWARD OF COSTS, INCLUD- 12 ING REASONABLE ATTORNEY FEES. 13 SEC. 1310. THIS PART APPLIES TO PERMITS ISSUED NOT LESS 14 THAN 120 DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. 04515'97 a Final page. TMV