Bill Text: MI HB5983 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Environmental protection: permits; reduction of air quality permits; allow during a declared emergency. Amends sec. 5503 of 1994 PA 451 (MCL 324.5503).
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Introduced - Dead) 2020-08-06 - Bill Electronically Reproduced 07/23/2020 [HB5983 Detail]
Download: Michigan-2019-HB5983-Introduced.html
HOUSE BILL NO. 5983
July 23, 2020, Introduced by Reps. Cynthia
Johnson, Hammoud, Brixie, Peterson, Sowerby, Tyrone Carter, Hood, Pohutsky,
Kennedy, Chirkun, Hoadley, Stone, Brenda Carter, Bolden, Pagan, Rabhi and
Koleszar and referred to the Committee on Regulatory Reform.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 5503 (MCL 324.5503).
the people of the state of michigan enact:
Sec. 5503. The department may do 1 or more of the
following:
(a) Promulgate rules to
establish standards for ambient air quality and for emissions.
(b) Issue permits for the
construction and operation of sources, processes, and process equipment,
subject to enforceable emission limitations and standards and other conditions
reasonably necessary to assure ensure compliance with all applicable
requirements of this part, rules promulgated under this part, and the clean air
act.
(c) In accordance compliance with this part and rules
promulgated under this part, deny, terminate, modify, or revoke and reissue
permits for cause. Cause includes, but is not
limited to, protection of property or public health or safety from conditions contributing
to a current state of emergency or disaster proclaimed under 1945 PA 302, MCL
10.31 to 10.33, or the emergency management act, 1976 PA 390, MCL 30.401 to 30.421.
If the department denies an
application for a permit is denied or is
determined to be or determines
that an application is incomplete, by the
department, the department shall state in writing with
particularity the reason for denial or the determination of incompleteness,
and, if applicable, the provision of this part or a rule promulgated under this
part that controls the decision.
(d) Compel the attendance
of witnesses at proceedings of the department upon reasonable notice.
(e) Make findings of fact
and determinations.
(f) Make, modify, or
cancel orders that require, in accordance compliance with this part, the control of
air pollution.
(g) Enforce permits, air
quality fee requirements, and the requirements to obtain a permit.
(h) Institute in a court
of competent jurisdiction proceedings to compel compliance with this part, rules
promulgated under this part, or any determination or order issued under this
part.
(i) Enter and inspect any
property as authorized under section 5526.
(j) Receive and initiate
complaints of air pollution in alleged violation of this part, rules promulgated
under this part, or any determination, permit, or order issued under this part
and take action with respect to the a complaint
as provided in this part.
(k) Require reports on
sources and the quality and nature of emissions, including, but not limited to,
information necessary to maintain an emissions inventory.
(l) Prepare and develop a general comprehensive plan for the
control or abatement of existing air pollution and for the control or
prevention of any new air pollution.
(m) Encourage voluntary cooperation by all persons in
controlling air pollution and air contamination.
(n) Encourage the formulation and execution of plans for the control of air pollution by
cooperative groups or associations of municipalities, counties, or districts, or
other governmental units, industries, and others who severally or jointly are
or may be the source of the air
pollution. , for the control of pollution.
(o) Cooperate with the appropriate agencies of the United
States or other states or any
interstate or international agencies with respect to the to control of air pollution and air contamination or for the formulation or to formulate, for the submission to
the legislature, of interstate air
pollution control compacts or agreements.
(p) Conduct or cause to be conducted studies and research
with respect to air pollution control, abatement, or prevention.
(q) Conduct and supervise programs of air pollution control
education including the preparation and distribution of information relating to
air pollution control.
(r) Determine by means of field studies and sampling the
degree of air pollution in the state.
(s) Provide advisory technical consultation services to local
communities.
(t) Serve as the agency of the this state for the receipt of money from the
federal government or other public or private agencies and the expenditure of
that money after it is appropriated for the purpose of air pollution control
studies or research or enforcement of this part.
(u) Do such other things as the department considers necessary, proper, or desirable appropriate to enforce
this part, a rule promulgated under this part, or any determination, permit, or
order issued under this part , or the clean air
act.
