SENATE BILL NO. 312

May 09, 2019, Introduced by Senator ALEXANDER and referred to the Committee on Environmental Quality.

"Natural resources and environmental protection act,"

by amending sections 20105a and 20120d (MCL 324.20105a and 324.20120d), section 20105a as added by 1995 PA 71 and section 20120d as amended by 2014 PA 542.

the people of the state of michigan enact:

Sec. 20105a. (1) The department shall annually compile a list of sites that are receiving state funds to conduct response activities. This list shall be arranged in alphabetical order. The department shall annually submit this list to the legislature.

(2) If the department has expended more than $500,000.00 in state funds for response activities at a facility and the facility has not attained compliance with the cleanup criteria for the residential category provided for in section 20120a(1)(a), the department shall promptly provide public notice of the status of the response activities at the facility. The department's public notice under this subsection shall include 1 or more advertisements in ethnic-minority-owned media.

Sec. 20120d. (1) At a facility where state funds will be spent to develop or implement a remedial action plan or where the department determines there is a significant public interest, within 30 days after the completion of a remedial investigation for the facility, the department shall provide the county and the township, city, or village in which the facility is located a notice of the completion of the remedial investigation, a summary of the remedial investigation, and notice of an opportunity for residents of the local unit of government to meet with the department regarding the remedial investigation and any proposed feasibility study for the facility. Upon a request for a public meeting by If the governing body of the local unit of government or by 25 citizens of the local unit of government request a public meeting, the department shall, within 30 days, of the request, meet with persons in the local unit of government. The person or persons requesting the public meeting shall publicize and provide accommodations for the meeting. The meeting shall be held in the local unit of government in which the facility is located. The department shall provide copies of the notices and summary required in this subsection to the governing body of the local unit of government, to the known persons who are liable under section 20126, and to the main public library of the local unit of government in which the facility is located. The department shall send representatives to the meeting who are familiar with the facility and who are involved with determining the appropriate remedial actions to be taken at the facility. Persons who are liable under section 20126 for the facility may send representatives to the meeting.

(2) A remedial action plan based in whole or part on categorical criteria provided for in section 20120a(1)(c) or (d) or site-specific criteria provided for in section 20120a(2) is not valid or approvable unless the department determines that the remedial action plan complies with this part and is protective of public health and the environment. Before approval of a proposed remedial action plan, response activity plan, or no further action report based on categorical criteria provided for in section 20120a(1)(c) or (d) or site-specific criteria provided for in section 20120a(2) and where the department determines that there is significant public interest or that it is otherwise appropriate, the department shall do all of the following:

(a) Publish a notice and brief summary of the proposed remedial action plan, response activity plan, or no further action report.

(b) Provide for public review and comment pertinent to documents relating to the proposed remedial action plan, response activity plan, or no further action report.

(c) Provide an opportunity for Publish notice of and conduct a public meeting at or near the facility. when any of the following occur:If the public meeting concerns a remedial action plan, the department shall, at the meeting, articulate its determination that the remedial action plan complies with this part and is protective of public health and the environment.

(i) The department determines that there is a significant public interest or that for any other reason a public meeting is appropriate.

(ii) A city, township, or village in which the facility is located, by a majority vote of its governing body, requests a public meeting.

(iii) A local health department with jurisdiction in the area in which the facility is located requests a public meeting.

(d) Provide a document that summarizes the major issues raised by the public and how they are to be addressed by the final approved remedial action plan, response activity plan, or no further action report.

(3) For purposes of this section, publication shall include, at a minimum, publication in a local newspaper or newspaper of general circulation in this state and ethnic-minority-owned media. In addition, the administrative record shall be made available by the department for inspection by members of the public at or near the facility and in Lansing.

(4) The department shall prepare a summary document that explains the reasons for the selection or approval of a remedial action plan, response activity plan, or no further action report. In addition, the department shall compile an administrative record of the decision process that results in the selection of a remedial action plan. The administrative record shall contain all of the following:

(a) Remedial investigation data regarding the facility.

(b) If applicable, a feasibility study and remedial actions planned or completed.

(c) If applicable, a summary document that explains the reasons why a remedial investigation or feasibility study was not conducted.

(d) Applicable comments and information received from the public, if any.

(e) If applicable, a document that summarizes the significant concerns raised by the members of the public and how they are to be addressed.

(f) Other information appropriate to the facility.

(5) If comments or information are submitted for inclusion in the administrative record that but are not included in the administrative record, a brief explanation of why the information was not considered relevant shall be sent to the party by the department and included in the record.