SB 305

SENATE BILL NO. 305
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) "Air
quality facility supplemental environmental project" means an
environmentally beneficial project for air pollution prevention, air pollution
reduction, or air monitoring or evaluation that an alleged violator agrees to
undertake at the facility where an air quality violation occurred as part of a
settlement of an enforcement action, but that the alleged violator is not
otherwise legally required to perform.
(b)
"AQEM fund" means the air quality enforcement and mitigation fund
created in subsection (2).
(c)
"Environmental justice community" means a geographic area that the
department has identified as a community facing a disproportionate
environmental burden, using the department's MiEJScreen or the United States
Environmental Protection Agency's EJSCREEN and indicators such as sensitive
populations, socioeconomic factors, exposures, and environmental effects.
(2) The air
quality enforcement and mitigation fund is created in the state treasury. The
state treasurer shall deposit all civil and administrative fines collected
under this part in the AQEM fund. If the person responsible for an alleged
violation agrees to a settlement of an enforcement action under section 5528,
5529, or 5530, money that the person spends on an air quality facility supplemental
environmental project is not a fine for the purposes of this subsection. 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 is the administrator of
the AQEM fund for audits of the fund.
(3) The
department shall expend money from the AQEM fund, upon appropriation, only as
follows:
(a) Twenty percent
of the money shall be expended for functions of the department that are related
to 1 or both of the following:
(i) Increased air monitoring that benefits environmental
justice communities.
(ii) Administration of the air quality community impact grant
program under subsection (4).
(b) Eighty percent
of the money shall be expended for air quality community impact grants under
subsection (4) for 1 or more of the following in the communities where the violations
occurred or nearby communities, giving priority to environmental justice communities:
(i) Mitigation of air pollution such as by buffers of
vegetation, air filtration systems in homes or schools, and diesel engine
retrofit or diesel equipment replacement programs.
(ii) Assessments of the health impacts of air pollution.
(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 shall establish an air quality community impact grant program.
The program shall provide
grants to nonprofit entities, school districts, institutions of higher
education, and local units of government, including, but not limited to, local
health or environmental departments, for the purposes of subsection (3)(b).
(5) The
department shall develop guidelines to implement subsection (4). At a minimum, the guidelines 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 develop the
guidelines 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 justice communities.
(f) An
industry representative who has a background in environmental compliance or
mitigation of the effects of pollution.
(6) The
department, in collaboration with environmental justice and environmental interest
groups, shall develop a process to identify environmental justice communities,
including researching best practices in the United States. The identification
process shall include community engagement to obtain information and 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.