A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1301, 1305, 1307, and 1311 (MCL 324.1301, 324.1305, 324.1307, and 324.1311), section 1301 as amended by 2018 PA 451, section 1305 as amended by 2011 PA 246, section 1307 as amended by 2018 PA 631, and section 1311 as amended by 2018 PA 268, and by adding sections 1331, 1333, 1335, 1337, 1339, and 1341; and to repeal acts and parts of acts.
The legislative text amends the Natural Resources and Environmental Protection Act of 1994, introducing significant changes to the permit processing system and establishing new provisions for overburdened communities. The main provisions include defining key terms related to the permit application process, such as "application period," "processing deadline," and "processing period," and specifying the types of permits covered under the act. The legislation mandates that the Department of Environment, Great Lakes, and Energy (EGLE) must determine whether a permit application is administratively complete within 30 days of receipt, and it outlines the conditions under which the department can request additional information from applicants. The department is required to approve or deny permit applications by the processing deadline, with provisions for extending this period upon the applicant's request. If the department fails to meet these deadlines, it must compensate the applicant or consider the application approved.
The bill introduces a new subpart focused on overburdened communities, defined as census block groups with specific socioeconomic and demographic characteristics. It requires permit applicants proposing facilities in these communities to prepare an Environmental Justice Impact Assessment and hold a public hearing. The department must consider these assessments and public comments before approving or denying permits. The legislation stipulates that permits should be denied if they are found to be discriminatory unless certain conditions are met, such as serving a compelling public interest and having no less discriminatory alternatives. The department is also tasked with imposing conditions on permits to mitigate adverse impacts on overburdened communities.
Funding information includes the assessment of reasonable fees on permit applicants to cover the department's costs associated with implementing the new provisions, including providing technical assistance. The bill mandates the department to publish a list of overburdened communities within 120 days of the bill's effective date and update it biennially. Additionally, the department must promulgate rules to implement the new subpart within one year, with the new provisions applying from the effective date of these rules. The bill repeals sections 1313 to 1317 of the existing act, removing the Environmental Permit Review Commission and related provisions.
Introduced
by
Referred to the Committee on Natural Resources, Environment, Tourism and Outdoor Recreation
