July 18, 2007, Introduced by Rep. Mayes and referred to the Committee on Agriculture.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 8517 (MCL 324.8517), as added by 1998 PA 276.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8517. (1) Except as otherwise provided in this section,
it
is the express legislative intent that this part preempt
preempts any local ordinance, regulation, or resolution that
purports
to would duplicate, extend, or revise in any manner the
provisions of this part. Except as otherwise provided for in this
section,
a local unit of government shall not enact adopt,
maintain, or enforce an ordinance, regulation, or resolution that
contradicts or conflicts in any manner with this part.
(2) If a local unit of government is under contract with the
department to act as its agent or the local unit of government has
received prior written authorization from the department, that
local
unit of government may enact adopt
an ordinance that is
identical to this part and rules promulgated under this part,
except as prohibited in subsection (6). The local unit of
government's enforcement response for a violation of the ordinance
that
involves the manufacturing, storage, distribution, or sale, or
agricultural use of products regulated by this part is limited to
issuing a cease and desist order in the manner prescribed in
section 8511.
(3)
A local unit of government may enact adopt an ordinance
prescribing standards different from those contained in this part
and rules promulgated under this part and that regulates the
manufacturing,
storage, distribution, or sale,
or agricultural use
of a product regulated by this part only under either or both of
the following circumstances:
(a) Unreasonable adverse effects on the environment or public
health
will exist within the local unit of government, . The
determination
that unreasonable adverse effects on the environment
or
public health will exist shall take taking into consideration
specific populations whose health may be adversely affected within
that local unit of government.
(b) The local unit of government has determined that the
manufacturing,
storage, distribution, or sale,
or agricultural use
of a product regulated by this part within that unit of government
has resulted or will result in the violation of other existing
state or federal laws.
(4)
An ordinance enacted pursuant to subsections (2) and
adopted under subsection (2) or (3) shall not conflict with
existing
state laws or federal laws. An ordinance enacted pursuant
to
adopted under subsection (3) shall not be enforced by a local
unit of government until approved by the commission of agriculture.
The commission of agriculture shall provide a detailed explanation
of
the basis of the a denial within 60 days.
(5)
Upon identification of Within
60 days after the
legislative body of a local unit of government submits to the
department a resolution identifying unreasonable adverse effects on
the
environment or public health by a local unit of government as
evidenced
by a resolution submitted to the department as provided
for in subsection (3)(a), the department shall hold a local public
meeting
within 60 days after the submission of the resolution to
determine the nature and extent of unreasonable adverse effects on
the environment or public health due to the manufacturing, storage,
distribution,
or sale, or agricultural
use of a product regulated
by this part. Within 30 days after the local public meeting, the
department shall issue a detailed opinion regarding the existence
of unreasonable adverse effects on the environment or public health
as identified by the resolution of the local unit of government.
(6) The director may contract with a local unit of government
to act as its agent for the purpose of enforcing this part and the
rules
promulgated under this part. The department shall have has
sole authority to assess fees, register fertilizer or soil
conditioner products, cancel or suspend registrations, and regulate
and
enforce all provisions of section 8512.
(7)
For any ordinance enacted pursuant to this section, the A
local
unit of government shall provide that adopts an ordinance
under subsection (2) or (3) shall require persons enforcing the
ordinance
to comply with the training and enforcement requirements
as
determined appropriate by the
director.