HB 5897

HOUSE BILL NO. 5897
A bill to establish a PFAS action response team and provide
for its powers and duties; and to prescribe the powers and duties of certain
state and local governmental officers and entities.
the people of the state of michigan enact:
Sec. 1. This act may be
cited as the "Michigan PFAS action response team act".
Sec. 3. As used in this act:
(a) "Department" means the department of
environment, Great Lakes, and energy.
(b) "MPART" means the Michigan PFAS action response
team created under section 3.
(c) "PFAS" means a perfluoroalkyl
or polyfluoroalkyl substance
and includes any member of the class of fluorinated organic chemicals that
contains at least 1 fully fluorinated carbon atom.
Sec. 5. (1) The Michigan PFAS action response team is
established. MPART consists of the following members:
(a) The director of the
department.
(b) The director of the
department of health and human services.
(c) The director of the
department of military and veterans affairs.
(d) The director of the
department of agriculture and rural development.
(e) The director of the
department of natural resources.
(f) The director of the
department of licensing and regulatory affairs.
(g) The director of the state transportation department.
(2) A designee of a director described under subsection (1) may serve as a member
of MPART instead of the director. The director of the department or the director's designee shall serve as the chairperson of MPART.
(3) The department shall
assist MPART in the performance of its duties and provide personnel to staff
MPART. The budgeting, procurement, or related management functions of MPART must be performed under the direction and
supervision of the director of the department.
(4) MPART shall adopt
procedures consistent with applicable statutes to
govern its organization and operations.
(5) A majority of the members
of MPART serving constitute a quorum for the transaction of business at a meeting of MPART. A
majority of the members present and serving is required for official action of
MPART.
(6) A meeting of MPART must
be called by the chairperson or as otherwise
provided in procedures adopted by MPART.
(7) MPART
may establish advisory workgroups composed of individuals or entities
participating in MPART activities or other members of the public as considered
necessary by MPART to assist MPART in performing its duties. MPART may adopt,
reject, or modify a recommendation proposed by
an advisory workgroup.
(8) Members of MPART shall
serve without compensation but may receive reimbursement for necessary travel
and expenses in accordance with applicable
statutes and the rules and procedures of the civil service commission and the
department of technology, management, and budget, subject to available funding.
(9) MPART may accept
donations of labor, services, or other items of value from any public or
private person. MPART shall expend donations in compliance with applicable statutes, rules, and procedures.
(10) Members of MPART shall
coordinate all legal, legislative, and media contacts that directly involve the
work of MPART.
Sec. 7. (1) MPART shall provide recommendations to the
director of the department and the heads of other departments or agencies and
coordinate activities among departments and agencies.
(2) MPART shall research, identify, recommend, and implement
PFAS response actions relative to the discovery of, communication about, and
mitigation of PFAS. MPART shall do all of the following with respect to PFAS:
(a) Identify sites affected by PFAS and create and implement
an action plan designed to assist state and local authorities to ensure safe land, air, and water.
(b) Continue to develop, as needed, environmental specialized
site plans and response protocols for all identified sites contaminated by PFAS.
(c) Continue to develop, as needed, public health protocols to
ensure that all public health and medical stakeholder groups are informed and
integrated into the PFAS response, to ascertain health implications.
(d) Perform state and local public outreach to ensure that
persons in the affected areas, including residents, local governments, tribal
governments, corporate and nonprofit partners, and affected stakeholders are
informed, educated, and empowered to assist in the PFAS response.
(e) Conduct long-term mitigation planning and ensure that
resource requirements are identified and supported and that site contaminants
are removed, as appropriate.
(f) Establish a standard process for communicating and sharing
pertinent information between members of MPART and stakeholders.
(g) Establish routine communication protocols at the local,
executive, and legislative levels, as
appropriate.
(h) Establish an information protocol to effectively inform
the public about PFAS and the activities of MPART.
(i) Establish information sharing and communications processes
with other state and federal entities involved in PFAS response activities.
(j) Collaboratively develop standards on health impacts for
the affected population.
(k) Assess the status of any site contaminated by PFAS and
develop individualized response strategies.
(l)
Identify funding for PFAS identification and remediation efforts, including
federal grants, legislative appropriations, and private partners.
(m) Create measurable goals and objectives along an
established timeline.
(n) Recommend changes to state
laws regarding PFAS.
(o) Recommend structural changes necessary to address other
threats to the environment and public health and safety identified while MPART
performs its duties.
(p) Perform other duties as requested by the director of the
department or the governor.
(3) MPART may, as appropriate to perform its duties, make
inquiries, conduct studies, undertake investigations, hold hearings, consult
with federal agencies, and receive comments from the public. To perform its
duties, MPART may also consult with and retain outside experts, including, but
not limited to, experts in the private sector, in government agencies, and at
institutions of higher education.
(4) MPART may hire or retain contractors, subcontractors,
advisors, consultants, and agents, and may make and enter into contracts
necessary or incidental to the exercise of its powers or the performance of its
duties as the director of the department considers
advisable and necessary, consistent with applicable statutes,
rules, and procedures and subject to available funding.
Sec. 9. All departments, committees, commissioners, and officers of this state shall, consistent with applicable statutes, give to
MPART, or to any member or representative of MPART, both
of the following:
(a) Any necessary assistance
required by MPART.
(b) Free access to any books,
records, or documents in their custody that relate to
matters within the scope of inquiry, study, or review of MPART.
Enacting section 1.
This act takes effect 90 days after the date it is enacted into law.