May 16, 2018, Introduced by Senator SHIRKEY and referred to the Committee on Oversight.
A bill to amend 1981 PA 93, entitled
"Michigan right to farm act,"
by amending section 4 (MCL 286.474), as amended by 1999 PA 261.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) Subject to subsection (2), the director shall
investigate all complaints involving a farm or farm operation,
including, but not limited to, complaints involving the use of
manure and other nutrients, agricultural waste products, dust,
noise, odor, fumes, air pollution, surface water or groundwater
pollution, food and agricultural processing by-products, care of
farm animals, and pest infestations. Within 7 business days of
receipt of the complaint, the director shall conduct an on-site
inspection of the farm or farm operation. The director shall
notify, in writing, the city, village, or township and the county
in which the farm or farm operation is located of the complaint.
(2) The commission and the director shall enter into a
memorandum of understanding with the director of the department of
environmental quality. The investigation and resolution of
environmental
complaints concerning farms or farm operations shall
must be conducted in accordance with the memorandum of
understanding. However, the director shall notify the department of
environmental quality of any potential violation of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.101 to 324.90106, or a rule promulgated under that act.
Activities at a farm or farm operation are subject to applicable
provisions of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.101 to 324.90106, and the rules
promulgated under that act. The commission and the director shall
develop procedures for the investigation and resolution for other
farm-related complaints.
(3) If the director finds upon investigation under subsection
(1) that the person responsible for a farm or farm operation is
using generally accepted agricultural and management practices, the
director shall notify, in writing, that person, the complainant,
and the city, village, or township and the county in which the farm
or farm operation is located of this finding. If the director
identifies that the source or potential sources of the problem were
caused by the use of other than generally accepted agricultural and
management practices, the director shall advise the person
responsible for the farm or farm operation that necessary changes
should be made to resolve or abate the problem and to conform with
generally accepted agricultural and management practices and that
if those changes cannot be implemented within 30 days, the person
responsible for the farm or farm operation shall submit to the
director an implementation plan including a schedule for completion
of the necessary changes. When the director conducts a follow-up
on-site inspection to verify whether those changes have been
implemented, the director shall notify, in writing, the city,
village, or township and the county in which the farm or farm
operation is located of the time and date of the follow-up on-site
inspection and shall allow a representative of the city, village,
or township and the county to be present during the follow-up on-
site inspection. If the changes have been implemented, the director
shall notify, in writing, the person responsible for the farm or
farm operation, the complainant, and the city, village, or township
and the county in which the farm or farm operation is located of
this determination. If the changes have not been implemented, the
director shall notify, in writing, the complainant and the city,
village, or township and the county in which the farm or farm
operation is located that the changes have not been implemented and
whether a plan for implementation has been submitted. Upon request,
the director shall provide a copy of the implementation plan to the
city, village, or township and the county in which the farm or farm
operation is located.
(4) A complainant who brings more than 3 unverified complaints
against the same farm or farm operation within 3 years may be
ordered, by the director, to pay to the department the full costs
of investigation of any fourth or subsequent unverified complaint
against the same farm or farm operation. As used in this
subsection, "unverified complaint" means a complaint in response to
which the director determines that the farm or farm operation is
using generally accepted agricultural and management practices.
(5) Except as provided in subsection (6), this act does not
affect the application of state statutes and federal statutes.
(6) Beginning June 1, 2000, except as otherwise provided in
this section, it is the express legislative intent that this act
preempt any local ordinance, regulation, or resolution that
purports to extend or revise in any manner the provisions of this
act or generally accepted agricultural and management practices
developed under this act. Except as otherwise provided in this
section, a local unit of government shall not enact, maintain, or
enforce an ordinance, regulation, or resolution that conflicts in
any manner with this act or generally accepted agricultural and
management practices developed under this act.
(7) A local unit of government may submit to the director a
proposed ordinance prescribing standards different from those
contained in generally accepted agricultural and management
practices if adverse effects on the environment or public health
will exist within the local unit of government. A proposed
ordinance
under this subsection shall must
not conflict with
existing state laws or federal laws. At least 45 days prior to
enactment of the proposed ordinance, the local unit of government
shall submit a copy of the proposed ordinance to the director. Upon
receipt of the proposed ordinance, the director shall hold a public
meeting in that local unit of government to review the proposed
ordinance. In conducting its review, the director shall consult
with
the departments of environmental quality and community health
health and human services and shall consider any recommendations of
the county health department of the county where the adverse
effects on the environment or public health will allegedly exist.
Within 30 days after the public meeting, the director shall make a
recommendation to the commission on whether the ordinance should be
approved.
An ordinance enacted under this subsection shall must not
be enforced by a local unit of government until approved by the
commission. of
agriculture.
(8) By May 1, 2000, the commission shall issue proposed
generally accepted agricultural and management practices for site
selection and odor controls at new and expanding animal livestock
facilities. The commission shall adopt such generally accepted
agricultural and management practices by June 1, 2000. In
developing these generally accepted agricultural and management
practices, the commission shall do both of the following:
(a) Establish an advisory committee to provide recommendations
to
the commission. The advisory committee shall must include
the
entities listed in section 2(d), 2 individuals representing
townships, 1 individual representing counties, and 2 individuals
representing agricultural industry organizations.
(b) For the generally accepted agricultural and management
practices for site selection, consider groundwater protection, soil
permeability, and other factors determined necessary or appropriate
by the commission.
(9) If generally accepted agricultural and management
practices require the person responsible for the operation of a
farm or farm operation to prepare a manure management plan, the
person responsible for the operation of the farm or farm operation
shall provide a copy of that manure management plan to the city,
village, or township or the county in which the farm or farm
operation is located, upon request. A manure management plan
provided under this subsection is exempt from disclosure under the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(10)
The department shall do all both
of the following:
(a)
Annually submit to the standing committees of the senate
and
house of representatives with jurisdiction over issues
pertaining
to agriculture and local government a report on the
implementation
of this act.
(a) (b)
Make available on the department's
website current
generally accepted agricultural and management practices.
(b) (c)
Establish a toll-free telephone
number for receipt of
information on noncompliance with generally accepted agricultural
and management practices.
(11) As used in this section:
(a) "Adverse effects on the environment or public health"
means any unreasonable risk to human beings or the environment,
based on scientific evidence and taking into account the economic,
social, and environmental costs and benefits and specific
populations whose health may be adversely affected.
(b) "Commission" means the commission of agriculture and rural
development.
(c) "Department" means the department of agriculture and rural
development.
(d) "Director" means the director of the department or his or
her designee.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.