September 19, 2017, Introduced by Reps. Chang, Wittenberg, Pagan, Geiss, Yanez, Green, Moss, Sneller, Ellison, Rabhi, Sowerby, Clemente, Camilleri, Hoadley, LaGrand, Durhal, Zemke, Greimel, Liberati, Hammoud and Gay-Dagnogo and referred to the Committee on Education Reform.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1264.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1264. (1) The board of a school district or intermediate
school district or the board of directors of a public school
academy shall not acquire a site for the construction of a school
building or, if a site was acquired before the effective date of
this section, commence construction of a school building on the
site unless the board or board of directors has conducted an
environmental assessment of the site to determine whether the site
is a facility and has held a 30-day public comment period under
subsection (7).
(2) The department, in consultation with the department of
environmental quality, shall develop guidance for school districts,
intermediate school districts, and public school academies on
environmental assessments under subsection (1) regarding potential
hazards to be considered, including, but no limited to, air
pollution, oil contamination, groundwater contamination, surface
water pollution, safety hazards, and noise and odors, and United
States Environmental Protection Agency recommendations for
exclusion zones and screening perimeters.
(3) The board of a school district or intermediate school
district or the board of directors of a public school academy shall
provide public notice of the results of an environmental assessment
under subsection (1) within 7 days of the completion of the
environmental assessment by both of the following means:
(a) Posting on the school district's, intermediate school
district's, or public school academy's website, if any.
(b) Publication in a newspaper of general circulation in the
territory of the school district or intermediate school district in
which the site is located.
(4) If the environmental assessment under subsection (1)
indicates that the site is a facility, all of the following apply:
(a) The board or the board of directors shall not commence
construction of a school building at the site unless a licensed
professional engineer has attested under seal that planned response
activity or corrective action under part 201 or 213, respectively,
of the natural resources and environmental protection act, 1994 PA
451, MCL 324.20101 to 324.20142 and 324.21301a to 324.21334, will
meet residential standards.
(b) If the board or board of directors constructs a school
building on the site, the board or board of directors shall
complete all of the following at the facility:
(i) Response activities under section 20107a of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.20107a.
(ii) Response activity or corrective action under part 201 or
213, respectively, of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.20101 to 324.20142 and
324.21301a to 324.21334, that meets residential standards.
(5) If an environmental assessment under subsection (1)
reveals significant environmental concerns harmful to human health,
the board of a school district or intermediate school district or
the board of directors of a public school academy shall consider
selecting an alternative site or perform a Phase II EPA
Environmental Site Assessment.
(6) The department shall encourage school districts,
intermediate school districts, and public school academies to do
all of the following:
(a) Form a siting committee to make recommendations on
potential sites for new school buildings or the renovation of
existing school buildings.
(b) Participate in the environmental assessment of potential
sites for new school buildings or the renovation of existing school
buildings.
(c) Develop a public engagement plan regarding the siting of
new school buildings or the renovation of existing school
buildings.
(d) Ensure that siting decisions account for fiscal
constraints and align with the objectives of local and regional
development plans.
(e) Reach out to disadvantaged communities to ensure
meaningful opportunities to engage regarding the siting of new
school buildings or the renovation of existing school buildings.
(7) The board of a school district or intermediate school
district or the board of directors of a public school academy that
conducts an environmental assessment under subsection (1) shall do
all of the following:
(a) Hold a 30-day public comment period regarding the
completed environmental assessment that begins within 7 days of the
public notice of the results of the environmental assessment under
subsection (3).
(b) Hold at least 1 public hearing on the environmental
assessment during the public comment period under subdivision (a).
(c) Make a meaningful effort to address language barriers or
any other barrier to public comment to ensure maximum public
engagement during the public comment period under subdivision (a).
(d) Provide public responses to all questions or concerns
raised during the public comment period under subdivision (a).
(8) This section does not apply to any of the following:
(a) The maintenance, repair, or improvement of an existing
building or recreational or athletic structure or field.
(b) The replacement of an existing recreational or athletic
structure.
(9) As used in this section:
(a) "Corrective action" means that term as defined in section
21302 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.21302.
(b) "Environmental assessment" means a phase I environmental
assessment conducted in accordance with ASTM International standard
E1527, "Standard Practice for Environmental Site Assessments: Phase
I Environmental Site Assessment Process" along with sufficient
environmental sampling of recognized environmental concerns, if
that sampling is necessary to determine whether the property is a
facility.
(c) "Facility" means that term as defined in section 20101 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.20101.
(d) "Response activity" means that term as defined in section
20101 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.20101.
(e) "School building" means any of the following:
(i) A building intended to be used to provide instruction for
pupils, including an addition to an existing building.
(ii) A recreational or athletic structure or field intended to
be used by pupils.
(f) "School building" does not include playground or exercise
equipment.