November 9, 2016, 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 an
industrial facility that is, or a proposed industrial facility that
will be, located within 1,500 feet of an occupied dwelling, school
building, health facility, or senior building, or that is or will
be 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
building. 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 surrounding 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 building in
consultation with the department and with residents who live in or
attend school in the surrounding 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 at the time 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, a deed restriction 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
building, to separate people from sources of pollution and trap air
pollutants by absorption through the plants' stomata or deposition
on plant surfaces.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.