September 7, 2011, Introduced by Reps. Tlaib, Darany, Irwin, Hovey-Wright, Nathan, Hobbs, Stapleton and Brown and referred to the Committee on Government Operations.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding part 12.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 12 ENVIRONMENTAL JUSTICE
Sec. 1201. As used in this part:
(a) "Department" means the department of environmental
quality.
(b) "Director" means the director of the department.
(c) "Disparate impact" means disproportionately adverse public
health or environmental effects on minority or low-income
populations.
(d) "Environmental action plan" means a plan as described in
section 1211.
(e) "Environmental justice advocate" means the individual
appointed under section 1207(2).
(f) "Environmental justice coordinator" means the official
provided for in section 1205.
(g) "Michigan economic development corporation" means the
public body corporate created under section 28 of article VII of
the state constitution of 1963 and the urban cooperation act of
1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, by a contractual
interlocal agreement effective April 5, 1999, as amended, between
local participating economic development corporations formed under
the economic development corporations act, 1974 PA 338, MCL
125.1601 to 125.1636, and the Michigan strategic fund.
(h) "Petition" means a petition filed under section 1207(1).
(i) "Work group" means the interdepartmental environmental
justice work group created in section 1203.
Sec. 1203. (1) The interdepartmental environmental justice
work group is created within the department.
(2) The work group shall consist of the following members:
(a) The director or a deputy director designated by the
director.
(b) The director of the department of civil rights or a deputy
director designated by the director of the department of civil
rights.
(c) The director of the department of natural resources or a
deputy director designated by the director of the department of
natural resources.
(d) The director of the department of community health or a
deputy director designated by the director of the department of
community health.
(e) The director of the state transportation department or a
deputy director designated by the director of the state
transportation department.
(f) The director of the department of agriculture and rural
development or a deputy director designated by the director of the
department of agriculture and rural development.
(g) The director of the department of licensing and regulatory
affairs or a deputy director designated by the director of the
department of licensing and regulatory affairs.
(h) The executive director of the Michigan state housing
development authority or his or her designee.
(i) The chief executive officer of the Michigan economic
development corporation or his or her designee.
(j) Five members appointed by the governor representing
communities that the governor considers to be likely to be subject
to disparate impacts.
(3) The members of the work group first appointed under
subsection (2)(j) shall be appointed within 60 days after the
effective date of the amendatory act that added this section.
Members appointed under subsection (2)(j) shall serve for terms of
4 years or until a successor is appointed, whichever is later,
except that of the members first appointed 1 shall serve for 1
year, 1 shall serve for 2 years, 1 shall serve for 3 years, and 2
shall serve for 4 years.
(4) If a vacancy occurs on the work group in a position
provided for under subsection (2)(j), the governor shall make an
appointment for the unexpired term in the same manner as the
original appointment. The governor may remove a member of the work
group appointed under subsection (2)(j) for incompetence,
dereliction of duty, malfeasance, misfeasance, or nonfeasance in
office, or any other good cause.
(5) The first meeting of the work group shall be called by the
director or his or her designee not more than 90 days after the
effective date of the amendatory act that added this section. The
director or his or her designee shall serve as chair of the work
group. At the first meeting, the work group shall elect from among
its members such other officers as it considers necessary or
appropriate. After the first meeting, the work group shall meet at
least quarterly, or more frequently at the call of the chairperson
or if requested by 2 or more members.
(6) A majority of the members of the work group constitute a
quorum for the transaction of business at a meeting of the work
group. A majority of the members present and serving are required
for official action of the work group.
(7) The business that the work group may perform shall be
conducted at a public meeting of the work group held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(8) A writing prepared, owned, used, in the possession of, or
retained by the work group in the performance of an official
function is subject to the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(9) Members of the work group shall serve without additional
compensation. However, members of the work group may be reimbursed
for their actual and necessary expenses incurred in the performance
of their official duties as members of the work group.
(10) The work group shall do all of the following:
(a) Review environmental justice petitions as provided under
section 1209.
(b) Establish an environmental justice advisory council to
advise the work group on the exercise and fulfillment of its
responsibilities and duties under this part. This council shall
include representation from environmental justice groups, local and
tribal governments, business, and other interested organizations
and associations.
Sec. 1205. (1) The governor's environmental policy advisor
shall serve as environmental justice coordinator for the purposes
of this part. If the governor does not have a designated
environmental policy advisor, the governor shall appoint an
environmental justice coordinator. The environmental justice
coordinator shall serve at the pleasure of the governor.
(2) The environmental justice coordinator and the work group
shall meet at least quarterly to discuss environmental justice
petitions received, reviewed, or acted on in the previous quarter.
Sec. 1207. (1) A person may file a petition with the director
requesting the development of an environmental action plan for a
community. A petition is not required to have a specific form or
format. However, the petition shall meet all of the following
requirements:
(a) Explain why the work group should determine that the
community is subject to disparate impacts or that an issue
concerning a community is an environmental justice issue, or both.
Any screening process developed or adopted by this state to
identify environmental justice communities may be used to support
the petition but shall not be used to exclude communities from the
petition process.
(b) Be signed by at least 50 residents of this state, age 18
years or older, including at least 25 residents of the affected
community as described in the petition.
(2) The director shall appoint an environmental justice
advocate. The environmental justice advocate shall assist
prospective petitioners to develop a petition and gather
information to support the petition. The environmental justice
advocate may recommend alternatives to the petition that offer a
speedier or more effective resolution of a condition or issue.
Sec. 1209. (1) The work group shall hold a public meeting on
the petition in the affected community and otherwise solicit public
comment. The department shall provide notice of the meeting and
other opportunities for comment on its website and by other means
appropriate for communicating with potentially affected members of
the community. Before acting on the petition, the work group shall
prepare a summary of the public comments received and its responses
to those comments. The department shall promptly post the summary
on its website.
(2) The work group shall determine whether to grant a
petition. In making its determination, the work group shall
consider all of the following:
(a) The petition and supporting information.
(b) Public comment received under subsection (1).
(c) Whether there is a likely disparate impact. The work group
shall consider, among other things, whether the geographic area
affected is located in or within 1 mile of a level 1, 2, or 3 area
of concern as identified by the United States environmental
protection agency's environmental justice strategic enforcement
assessment tool.
(d) The severity of the environmental and public health
conditions or issues identified in the petition.
(e) The severity of the other environmental, public health,
economic, or social issues facing the community and cumulative
effects.
(f) The legal authority of this state to address the problem.
(g) The ability of coordinated state action to resolve the
problem successfully.
(h) Whether the conditions or issues identified in the
petition are the subject of a pending lawsuit or administrative
proceeding.
(i) Whether the petitioners have taken advantage of existing
public comment and participation procedures associated with permits
or projects contributing to the conditions or issues identified in
the petition.
(j) Other resources available to the community to address the
conditions or issues identified in the petition.
(3) If federal environmental justice requirements or guidance
equivalent to this part apply to the conditions or issues
identified in a petition and the petition is submitted for purposes
of determining whether the activities of a state department comply
with the federal requirements or guidance, the work group shall
deny the petition. However, the work group may grant the petition
for purposes of determining if other actions or steps could be
taken by this state to mitigate or minimize adverse public health
or environmental impacts.
(4) If the work group denies a petition, it shall explain what
other specific steps the community can take to resolve the problem.
This information shall include names and contact information of
people who are able to assist in resolving the problem.
(5) Denial of a petition is not subject to appeal.
(6) The petition process under this part does not affect
permit processing deadlines provided by law.
(7) The work group should take into account the work of other
state and federal groups that consider environmental issues and
shall coordinate with these groups to the extent possible.
Sec. 1211. (1) If the work group grants a petition, the work
group, the environmental justice advocate, and the relevant state
department or departments shall develop an environmental action
plan. In developing the plan, these entities and officials shall
consult with local and federal governmental agencies as relevant
and work closely with the community.
(2) An environmental action plan shall meet all of the
following requirements:
(a) Set forth clear and specific actions required to be taken
by state agencies on behalf of the community, a time frame for
implementation, and a description of the resources available.
Actions shall be based on each state agency's existing legal
authority and conducted within the agency's existing legal duties.
(b) Utilize the expertise and resources of the state
departments and other agencies represented on the work group, and
any other relevant state agencies, to address the problem in a
coordinated fashion.
(3) The environmental justice coordinator shall ensure that
each state agency is carrying out its responsibilities under the
environmental action plan.
Sec. 1213. (1) The department shall post on its website and
provide in writing upon request an explanation of the petition
process under this part. Other state agencies represented on the
work group shall post on their websites an explanation of the
petition process under this part or a link to the department's
explanation and shall provide a written explanation of the petition
process upon request.
(2) The work group shall prepare an annual progress report on
the petition process, including a description of the petitions
submitted and the outcomes. The report should be submitted to the
governor and the state environmental justice coordinator and made
available to the public.