2023 Senate Bill 26

Environmental protection: air pollution; civil and administrative fines; utilize to benefit communities affected by pollution.

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 5534.

AI Analysis – Experimental

This bill would amend the 1994 PA 451, known as the "Natural Resources and Environmental Protection Act," by adding section 5534. This new section introduces the "Air Quality Facility Supplemental Environmental Project," allowing alleged air quality regulation violators to undertake environmentally beneficial projects at the violation site as part of a settlement. It also establishes the Air Quality Enforcement and Mitigation Fund (AQEM fund) within the state treasury, funded by civil and administrative fines from air quality violations. This fund is dedicated to air quality improvement efforts, allocating 30% to support environmental justice communities through increased air monitoring, compliance assistance, and inspections, and 70% for air quality community impact grants. These grants aim to mitigate air pollution and enhance enforcement program effectiveness in affected communities, supporting non-profit entities, educational institutions, and local governments. The Department of Michigan is responsible for administering the AQEM fund and will develop grant program guidelines in consultation with an advisory committee comprising public health experts, environmental justice organizations, and community representatives. Additionally, the department will engage with environmental justice and interest groups to identify environmental justice communities and will publish an annual report on grant allocations and the communities benefited. This act will take effect 90 days after its enactment.

Introduced in the Senate

Jan. 18, 2023

Introduced by Sen. Stephanie Chang (D-3) and five co-sponsors

Co-sponsored by Sens. Paul Wojno (D-10), Erika Geiss (D-1), Rosemary Bayer (D-13), Sarah Anthony (D-21) and Sue Shink (D-14)

Referred to the Committee on Energy and Environment

May 18, 2023

Reported with substitute S-3

May 23, 2023

Referred to the Committee of the Whole

June 13, 2023

Reported with substitute S-5

Substitute S-5 concurred in by voice vote

June 14, 2023

Passed in the Senate 20 to 18 (details)

Received in the House

June 14, 2023

Referred to the Committee on Natural Resources, Environment, Tourism and Outdoor Recreation

Sept. 28, 2023

Reported with substitute H-1