Bill Text: MI SB0439 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Environmental protection; air pollution; state greenhouse gas plan; require submission to legislature a specified period before submission to federal government. Amends sec. 5503 of 1994 PA 451 (MCL 324.5503).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-09-29 - Senator Removed As Sponsor: Thomas Casperson [SB0439 Detail]

Download: Michigan-2015-SB0439-Introduced.html

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SENATE BILL No. 439

 

 

Introduced by Senator CASPERSON.

 

 

     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. (1) 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 compliance with all applicable requirements of

 

this part, rules promulgated under this part, and the clean air

 

act.

 

     (c) In accordance with this part and rules promulgated under

 

this part, deny, terminate, modify, or revoke and reissue permits

 

for cause. If an application for a permit is denied or is

 

determined to be 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

 

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 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 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 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 control of air pollution and air contamination

 

or for the formulation 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 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 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.

 

     (2) The department, the director or his or her designee, or

 

the governor or his or her designee shall not submit to the federal

 

government a plan, or a revision to a plan, to address greenhouse

 

gas emissions from existing fossil fuel-fired electric generating

 

units under section 111(d) of the clean air act, 42 USC 7411,

 

unless the plan has been submitted to the secretary of the senate

 

and the clerk of the house of representatives of this state and at

 

least 18 session days or 42 calendar days have elapsed.

 

     (3) As used in this section, "session day" means a day in

 

which both the house of representatives and the senate convene in

 

session and a quorum is recorded.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.