SENATE BILL NO. 715


   September 21, 1999, Introduced by Senator PETERS and referred to 
        the Committee on Natural Resources and Environmental 
        Affairs.



        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   (MCL 324.101 to 324.90106) by adding chapter 9 to article II.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                            CHAPTER 9:  HEALTH

 2                        PART 221 CHILDREN'S HEALTH

 3         SEC. 22101.  AS USED IN THIS PART:

 4         (A) "CHILDREN" MEANS INDIVIDUALS UNDER THE AGE OF 18.

 5         (B) "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL

 6    QUALITY.

 7         (C) "OFFICE" MEANS THE OFFICE OF CHILDREN'S HEALTH PROTEC-

 8    TION ESTABLISHED IN SECTION 22102.

 9         (D) "PROTECT THE HEALTH OF CHILDREN" MEANS TO ADEQUATELY

10    PROTECT THE HEALTH OF CHILDREN TAKING INTO ACCOUNT THE SPECIAL




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 1    VULNERABILITY OF CHILDREN BECAUSE OF THEIR DEVELOPING PHYSIOLOGY,

 2    BEHAVIOR, AND INTAKE OF AIR, WATER, AND FOOD.

 3         SEC. 22102.  (1) THE OFFICE OF CHILDREN'S HEALTH PROTECTION

 4    IS ESTABLISHED IN THE DEPARTMENT.

 5         (2) SUBJECT TO SUBSECTION (3), THE OFFICE SHALL DO ALL OF

 6    THE FOLLOWING:

 7         (A) REVIEW LEGISLATION PROPOSED BY THE DEPARTMENT TO DETER-

 8    MINE WHETHER IT PROTECTS THE HEALTH OF CHILDREN.  THE DEPARTMENT

 9    SHALL NOT PROPOSE LEGISLATION UNLESS THE DEPARTMENT HAS SUBMITTED

10    THE PROPOSED LEGISLATION TO THE OFFICE AND THE OFFICE HAS CERTI-

11    FIED THAT THE PROPOSED LEGISLATION PROTECTS THE HEALTH OF

12    CHILDREN.

13         (B) REVIEW STATUTES AND RULES ADMINISTERED BY THE DEPARTMENT

14    TO DETERMINE WHETHER THEY PROTECT THE HEALTH OF CHILDREN.  THE

15    OFFICE SHALL CONDUCT THE REVIEW IN ORDER OF PRIORITY BASED ON

16    WHICH ENVIRONMENTAL EXPOSURES HAVE THE GREATEST POTENTIAL TO

17    ADVERSELY AFFECT THE HEALTH OF CHILDREN.

18         (C) REVIEW, AT THE REQUEST OF THE DEPARTMENT OR OF A MEMBER

19    OF THE PUBLIC, AN APPLICATION FOR A PERMIT SUBMITTED TO THE

20    DEPARTMENT UNDER PART 31, 55, 111, OR 115.  THE REVIEW SHALL

21    DETERMINE THE POTENTIAL IMPACT OF THE PROPOSED PERMIT ON THE

22    HEALTH OF CHILDREN.  BASED ON THE REVIEW, THE OFFICE SHALL PRO-

23    VIDE RECOMMENDATIONS TO THE DEPARTMENT ON MEASURES THAT WOULD

24    AVOID OR MINIMIZE ADVERSE IMPACTS ON THE HEALTH OF CHILDREN.

25         (D) ANNUALLY REPORT TO THE GOVERNOR AND LEGISLATURE ON THE

26    EFFECTS OF POLLUTION ON THE HEALTH OF CHILDREN OF THIS STATE.

27    THE REPORT SHALL INCLUDE BOTH OF THE FOLLOWING:



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 1         (i) BASELINE DATA AND ANNUAL UPDATES ON THE HEALTH OF

 2    CHILDREN AS AFFECTED BY POLLUTION.

 3         (ii) THE OFFICE'S RECOMMENDATIONS ON POLICIES, RULES,
             AND

 4    LAWS NEEDED TO PROTECT THE HEALTH OF CHILDREN.

 5         (E) REVIEW AND COORDINATE EXISTING RESEARCH CONCERNING THE

 6    RELATIONSHIP BETWEEN EXPOSURE TO POLLUTION AND CHILDREN'S

 7    HEALTH.

 8         (F) IN CONJUNCTION WITH THE DEPARTMENT OF COMMUNITY HEALTH,

 9    DEVELOP AND UPDATE BIENNIALLY A RESEARCH AGENDA TO ADDRESS UNRE-

10    SOLVED SCIENTIFIC CONCERNS ABOUT THE RELATIONSHIP BETWEEN EXPO-

11    SURE TO POLLUTION AND CHILDREN'S HEALTH.

12         (G) DEVELOP AND COORDINATE A PUBLIC EDUCATION PROGRAM TO

13    MAKE PARENTS, GUARDIANS, AND OTHER CAREGIVERS AWARE OF THE POTEN-

14    TIAL HEALTH EFFECTS TO CHILDREN CAUSED BY EXPOSURE TO POLLUTION

15    AND OF RECOMMENDATIONS TO MINIMIZE SUCH EXPOSURE.

16         (3) IF, BASED ON EXISTING RESEARCH, THE OFFICE IS UNABLE TO

17    MAKE A DETERMINATION UNDER SUBSECTION (2)(A), (B), OR (C), THE

18    OFFICE SHALL IDENTIFY AND PROPOSE ADDITIONAL RESEARCH NECESSARY

19    FOR THE OFFICE TO MAKE THE DETERMINATION.



















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