September 9, 2015, Introduced by Senator SHIRKEY and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 5503 (MCL 324.5503).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
5503. (1) The Subject
to subsection (2), the department
may do 1 or more of the following:
(a) Promulgate rules to establish standards for ambient air
quality and for emissions.
(b) Issue permits for the construction and operation of
sources, processes, and process equipment, subject to enforceable
emission limitations and standards and other conditions reasonably
necessary to assure compliance with all applicable requirements of
this part, rules promulgated under this part, and the clean air
act.
(c) In accordance with this part and rules promulgated under
this part, deny, terminate, modify, or revoke and reissue permits
for cause. If an application for a permit is denied or is
determined to be incomplete by the department, the department shall
state in writing with particularity the reason for denial or the
determination of incompleteness, and, if applicable, the provision
of this part or a rule promulgated under this part that controls
the decision.
(d) Compel the attendance of witnesses at proceedings of the
department upon reasonable notice.
(e) Make findings of fact and determinations.
(f) Make, modify, or cancel orders that require, in accordance
with this part, the control of air pollution.
(g) Enforce permits, air quality fee requirements, and the
requirements to obtain a permit.
(h) Institute in a court of competent jurisdiction proceedings
to compel compliance with this part, rules promulgated under this
part, or any determination or order issued under this part.
(i) Enter and inspect any property as authorized under section
5526.
(j) Receive and initiate complaints of air pollution in
alleged violation of this part, rules promulgated under this part,
or any determination, permit, or order issued under this part and
take action with respect to the complaint as provided in this part.
(k) Require reports on sources and the quality and nature of
emissions, including, but not limited to, information necessary to
maintain an emissions inventory.
(l) Prepare and develop a general comprehensive plan for the
control or abatement of existing air pollution and for the control
or prevention of any new air pollution.
(m) Encourage voluntary cooperation by all persons in
controlling air pollution and air contamination.
(n) Encourage the formulation and execution of plans by
cooperative groups or associations of municipalities, counties or
districts, or other governmental units, industries, and others who
severally or jointly are or may be the source of air pollution, for
the control of pollution.
(o) Cooperate with the appropriate agencies of the United
States or other states or any interstate or international agencies
with respect to the control of air pollution and air contamination
or for the formulation for the submission to the legislature of
interstate air pollution control compacts or agreements.
(p) Conduct or cause to be conducted studies and research with
respect to air pollution control, abatement, or prevention.
(q) Conduct and supervise programs of air pollution control
education including the preparation and distribution of information
relating to air pollution control.
(r) Determine by means of field studies and sampling the
degree of air pollution in the state.
(s) Provide advisory technical consultation services to local
communities.
(t) Serve as the agency of the state for the receipt of money
from the federal government or other public or private agencies and
the expenditure of that money after it is appropriated for the
purpose of air pollution control studies or research or enforcement
of this part.
(u) Do such other things as the department considers
necessary, proper, or desirable to enforce this part, a rule
promulgated under this part, or any determination, permit, or order
issued under this part, or the clean air act.
(2) The department, the director or his or her designee, or
the governor or his or her designee shall not submit to the United
States Environmental Protection Agency a plan, or a revision to a
plan, to address greenhouse gas emissions from existing fossil
fuel-fired electric generating units under section 111(d) of the
clean air act, 42 USC 7411, unless all of the following
requirements are met:
(a) The department submitted the plan and a study on the
feasibility of complying with the plan, including an analysis on
the plan's effect on electric rates, to the secretary of the senate
and the clerk of the house of representatives of this state.
(b) Thirty days have elapsed since the submission of the plan
under subdivision (a) and the legislature did not within that time
period disapprove the plan by concurrent resolution.
(c) There is no pending litigation by a state against the
United States Environmental Protection Agency concerning federal
requirements for a plan to address greenhouse gas emissions from
existing fossil-fuel-fired generating units under section 111(d) of
the clean air act, 42 USC 7411, and all rights to appeal a judgment
or final order in any such litigation have been exhausted or have
expired.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.