Bill Text: MI HB4842 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Environmental protection; permits; person requesting permit or modification of permit that will increase emissions; require to attend public hearing and respond to questions. Amends sec. 5516 of 1994 PA 451 (MCL 324.5516).
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Introduced - Dead) 2019-08-29 - Bill Electronically Reproduced 08/28/2019 [HB4842 Detail]
Download: Michigan-2019-HB4842-Introduced.html
HOUSE BILL NO. 4842
August 28, 2019, Introduced by Reps. Yancey,
Hammoud, Tyrone Carter, Manoogian, Pohutsky, Koleszar, Shannon, Clemente,
Whitsett, Brenda Carter, Kennedy, Brixie, Camilleri, Garza, Rabhi,
Robinson, Wittenberg, Hood, Sabo and Pagan and referred to the Committee on
Natural Resources and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 5516 (MCL 324.5516).
the people of the state of michigan enact:
Sec. 5516. (1) A The department may hold a public hearing with reference to pollution control. may be held before the department. Persons Individuals designated to conduct the hearing shall be described as presiding officers and shall be disinterested and technically qualified persons.individuals. If the hearing concerns the issuance or modification of a permit that will result in an increase in emissions, the department shall require the person requesting the permit or modification, or a representative of that person, to attend the hearing and respond to questions from the public. The department shall not issue the permit or modification described in this subsection unless the person requesting the permit or modification, or a representative of that person, attends the hearing and responds to questions from the public.
(2) A copy of each permit, permit application, order, compliance plan and schedule of compliance, emissions or compliance monitoring report, sample analysis, compliance certification, or other report or information required under this part, rules promulgated under this part, or permits or orders issued under this part shall be made available to the public to the extent provided by the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.1976 PA 442, MCL 15.231 to 15.246.
(3) A person whose activities are regulated under this part may designate a record or other information, or a portion of a record, permit application, or other information furnished to or obtained by the department or its agents, as being only for the confidential use of the department. The department shall notify the person asserting confidentiality of a request for public records under section 5 of the freedom of information act, Act No. 442 of the Public Acts of 1976, being section 15.235 of the Michigan Compiled Laws, 1976 PA 442, MCL 15.235, the scope of which includes information that has been designated by the regulated person as being confidential. The person asserting confidentiality has 25 days after the receipt of the notice to demonstrate to the department that the information designated as confidential should not be disclosed because the information is a trade secret or secret process, or is production, commercial, or financial information the disclosure of which would jeopardize the competitive position of the person from whom the information was obtained, and make available information that is not otherwise publicly available. The department shall grant the request for the information unless the person regulated under this part demonstrates to the satisfaction of the department that the information should not be disclosed. If there is a dispute between the person asserting confidentiality and the person requesting information under Act No. 442 of the Public Acts of 1976, the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, the department shall make the decision to grant or deny the request. After the department makes a decision to grant a request, the department shall not release the information requested shall not be released until 8 business days after the regulated person's receipt of notice of the department's decision. This does not prevent the use of the information by the department in compiling or publishing analyses or summaries relating to ambient air quality if the analyses or summaries do not identify the person or reveal information which that is otherwise confidential under this section. This section does not render data on the quantity, composition, or quality of emissions from any source confidential. Data The department shall make data on the amount and nature of air contaminants emitted from a source shall be available to the public.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
