AIR POLLUTION PENALTIES - H.B. 4814: REVISED COMMITTEE SUMMARY


House Bill 4814 (as passed by the House)

Sponsor: Representative Patricia Birkholz

House Committee: Conservation and Outdoor Recreation

Senate Committee: Natural Resources and Environmental Affairs


Date Completed: 11-30-99


CONTENT


The bill would repeal Section 5534 of the Natural Resources and Environmental Protection Act, which provides that penalties or fines imposed under Part 55 (Air Pollution Control) for persons violating any rule cannot be construed as to include any violation that was caused by an act of God, war, strike, riot, catastrophe or other condition as to which negligence or willful misconduct on the part of the person was not the proximate cause.


MCL 324.5534 - Legislative Analyst: N. Nagata


FISCAL IMPACT


The bill would have no fiscal impact on State or local government. However, failure to repeal Section 5534 before December 31, 1999, may result in the imposition of Federal sanctions, including the suspension of certain Federal highway grants in nonattainment areas; limitations on growth of air pollution nonattainment areas; and possible assumption by the Federal Environmental Protection Agency of the responsibility for administering the Clean Air Act.


- Fiscal Analyst: P. GrahamS9900\s4814sa

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.