November 14, 2006, Introduced by Rep. Kolb and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 8328 (MCL 324.8328), as amended by 1996 PA 172.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8328. (1) Except as otherwise provided in this section,
it is the express legislative intent that this part preempt any
local ordinance, regulation, or resolution that purports to
duplicate, extend, or revise in any manner the provisions of this
part. Except as otherwise provided for in this section, a local
unit of government shall not enact, maintain, or enforce an
ordinance, regulation, or resolution that contradicts or conflicts
in any manner with this part.
(2) If a local unit of government is under contract with the
department to act as its agent or the local unit of government has
received prior written authorization from the department, then that
local unit of government may pass an ordinance that is identical to
this part and rules promulgated under this part, except as
prohibited
in subsection (7) (8). The local unit of government's
enforcement response for a violation of the ordinance that involves
the use of a pesticide is limited to issuing a cease and desist
order as prescribed in section 8327.
(3) A local unit of government may enact an ordinance
identical to this part and rules promulgated under this part
regarding the posting and notification of the application of a
pesticide.
Subject to subsection (8) (9), enforcement of such an
ordinance may occur without prior authorization from the department
and without a contract with the department for the enforcement of
this part and rules promulgated under this part. The local unit of
government shall immediately notify the department upon enactment
of such an ordinance and shall immediately notify the department of
any citations for a violation of that ordinance. A person who
violates an ordinance enacted under this subsection is responsible
for a municipal civil infraction and may be ordered to pay a civil
fine of not more than $500.00.
(4) A local unit of government may enact an ordinance
prescribing standards different from those contained in this part
and rules promulgated under this part and which regulates the
distribution, sale, storage, handling, use, application,
transportation, or disposal of pesticides under either or both of
the following circumstances:
(a) Unreasonable adverse effects on the environment or public
health will exist within the local unit of government. The
determination that unreasonable adverse effects on the environment
or public health will exist shall take into consideration specific
populations whose health may be adversely affected within that
local unit of government.
(b) The local unit of government has determined that the use
of a pesticide within that unit of government has resulted or will
result in the violation of other existing state laws or federal
laws.
(5) A local unit of government may enact an ordinance
prohibiting or regulating the use of cosmetic pesticides or
providing for outreach and education regarding the use of cosmetic
pesticides. The regulation of cosmetic pesticides includes the
requirement of a permit for the use of cosmetic pesticides. A local
unit of government that adopts such an ordinance is not required to
obtain the approval of the department but shall submit a copy of
the ordinance to the department. The department shall maintain a
central database of cosmetic pesticide ordinances enacted under
this subsection and make that database available to the general
public. As used in this subsection, "cosmetic pesticide" means a
pesticide used for unnecessary, nonessential, and purely aesthetic
purposes.
(6) (5)
An ordinance enacted pursuant to subsections (2),
(3), and (4) shall not conflict with existing state laws or federal
laws. An ordinance enacted pursuant to subsection (4) shall not be
enforced by a local unit of government until approved by the
commission of agriculture. If the commission of agriculture denies
an ordinance enacted pursuant to subsection (4), the commission of
agriculture shall provide a detailed explanation of the basis of
the denial within 60 days.
(7) (6)
Upon identification of unreasonable adverse effects
on the environment or public health by a local unit of government
as evidenced by a resolution submitted to the department, the
department shall hold a local public meeting within 60 days after
the submission of the resolution to determine the nature and extent
of unreasonable adverse effects on the environment or public health
due to the use of pesticides. Within 30 days after the local public
meeting, the department shall issue a detailed opinion regarding
the existence of unreasonable adverse effects on the environment or
public health as identified by the resolution of the local unit of
government.
(8) (7)
The director may contract with a local unit of
government to act as its agent for the purpose of enforcing this
part and the rules promulgated pursuant to this part. The
department shall have sole authority to assess fees, register and
certify pesticide applicators, license commercial applicators and
restricted use pesticide dealer firms, register pesticide products,
cancel or suspend pesticide registrations, and regulate and enforce
all provisions of this part pertaining to the application and use
of a pesticide to an agricultural commodity or for the purpose of
producing an agricultural commodity.
(9) (8)
For any ordinance enacted pursuant to this section,
the local unit of government shall provide that persons enforcing
the ordinance comply with the training and enforcement requirements
as determined by the director. A local unit of government shall
reimburse the department for actual costs incurred in training
local government personnel.