June 12, 2018, Introduced by Rep. Chang and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding section 5506b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5506b. (1) Subject to subsection (4), this section
applies to a new or renewal permit issued under this part for a
proposed industrial facility that will be, or an existing
industrial facility that is, located within 1,500 feet of an
occupied dwelling, school building, health facility, or senior
citizens center, or that will be or is located in an area
identified as a hotspot using tools such as the United States
Environmental Protection Agency's EJ Screen.
(2) Before issuing a permit described in subsection (1), the
department shall provide reasonable notice to area residents of a
public comment period and receive and consider public comments. The
notice shall specifically solicit input on, and the department's
review process shall include analysis of, all of the following:
(a) Whether the permit would authorize emissions that have a
disproportionate impact on a racial minority or low-income
community.
(b) Whether additional air monitoring is needed near the
occupied dwelling, school building, health facility, or senior
citizens center. The department shall determine the locations of
air monitors and the substances monitored in consultation with
residents who live in or attend school in the area.
(c) Measures described in subsection (3) that should be
required in the permit.
(3) A permit described in subsection (1) shall require the
owner or operator of the industrial facility to do 1 or both of the
following:
(a) Maintain a vegetative buffer. The owner or operator of the
industrial facility shall determine the distance between the buffer
and the facility and between the buffer and the closest occupied
dwelling, school building, health facility, or senior citizens
center in consultation with the department and with residents who
live in or attend school in the area.
(b) Subject to subsection (4), offer to purchase at fair
market value any dwelling located within 1,500 feet of the facility
that is occupied when the permit is issued. The owner or operator
of the facility shall not use or lease land purchased under this
subdivision for residential purposes. If the owner or operator of
the facility subsequently sells land purchased under this
subdivision, the deed shall prohibit the use of the land for
residential purposes as long as the industrial facility continues
in operation.
(4) On a case-by-case basis, the department may increase the
1,500-foot distance under subsection (1) or (3), if the increase is
necessary for the protection of the public health and the avoidance
of disproportionate impacts on a racial minority or low-income
community from emissions from the industrial facility.
(5) Within 1 year after the effective date of this section,
the department shall promulgate rules to implement this section
pursuant to the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328.
(6) As used in this section, "vegetative buffer" means a
variety of species of trees, shrubs, and other vegetation planted
around a pollution source, or between a pollution source and an
occupied dwelling, school building, health facility, or senior
citizens center, to separate people from sources of pollution and
trap air pollutants by absorption through the stomata or deposition
on the surfaces of the vegetation.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.