HOUSE BILL NO. 4264

February 26, 2019, Introduced by Reps. Tyrone Carter, Robinson, Elder, Shannon, Cynthia Johnson, Garrett, Garza, Manoogian, Neeley, Rabhi, Gay-Dagnogo, Clemente, Liberati, Cambensy, Howell, Kuppa, Yancey and Whitsett and referred to the Committee on Natural Resources and Outdoor Recreation.

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding section 5534.

the people of the state of michigan enact:

Sec. 5534. (1) As used in this section:

(a) "AQEM fund" means the air quality enforcement and mitigation fund created in subsection (2).

(b) "Environmental protection community" means a geographic area that the department of environmental quality, using tools such as the United States Environmental Protection Agency's EJSCREEN, has identified as a community facing a disproportionate environmental burden using indicators such as sensitive populations, socioeconomic factors, exposures, and environmental effects.

(2) The air quality enforcement and mitigation fund is created within the state treasury. All civil and administrative fines collected under this part shall be deposited in the AQEM fund. The state treasurer may receive money or other assets from any source for deposit into the AQEM fund. The state treasurer shall direct the investment of the AQEM fund. The state treasurer shall credit to the AQEM fund interest and earnings from fund investments. Money in the AQEM fund at the close of the fiscal year shall remain in the AQEM fund and shall not lapse to the general fund. The department of environmental quality shall be the administrator of the fund for auditing purposes.

(3) The department of environmental quality shall expend money from the AQEM fund, upon appropriation, only as follows:

(a) Thirty percent of the money shall be expended for staffing and other functions of the department of environmental quality that benefit environmental protection communities and are related to 1 or more of the following:

(i) Mitigation of air pollution, such as by buffering with vegetation, optional residential buyouts, air filters in homes and schools, and diesel engine retrofit or replacement programs.

(ii) Increased air monitoring.

(iii) Improved compliance by persons with a history of violations of this part or permits issued or rules promulgated under this part including, but not limited to, training for environmental regulators or prosecuting attorneys.

(b) Seventy percent of the money shall be expended for grants under subsection (4) for 1 or more of the following purposes in the community where the violation occurred, or nearby communities, particularly environmental protection communities:

(i) The purposes described in subdivision (a)(i) and (ii).

(ii) Health impact assessments.

(iii) Education and training programs for community residents and local environmental regulators to increase effectiveness of enforcement programs in deterring violations of this part and rules promulgated or orders issued under this part.

(4) The department of environmental quality shall establish an air quality community impact grant program. The program shall provide grants to nonprofit entities, local health departments, local environmental departments, and school districts to carry out the purposes of subsection (3)(b).

(5) The department of environmental quality shall promulgate rules to implement subsection (4). At a minimum, the rules shall describe how grants are to be allocated, the procedures for applying for grants, the criteria for awarding grants, and administrative and fiscal requirements governing the receipt and expenditure of grants. The department shall promulgate the rules in consultation with an advisory committee that includes, but is not limited to, at least 1 of each of the following:

(a) A public health expert.

(b) A representative of an environmental justice organization.

(d) A representative of a local health department or local environmental department.

(e) Two residents of environmental protection communities.

(6) The department of environmental quality, in collaboration with environmental interest groups, shall develop a process to identify environmental protection communities. Within 150 days after census block data from a decennial census becomes publicly available, the department of environmental quality shall identify environmental protection communities. The identification process shall include community engagement to obtain information and receive feedback.

(7) The department shall post on its website and otherwise make publicly available an annual report on the purposes for which grants were awarded under subsection (3)(b), including the communities affected.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.