Bill Text: MI SB0910 | 2013-2014 | 97th Legislature | Chaptered


Bill Title: Environmental protection; air pollution; wood heaters; prohibit department of environmental quality from promulgating certain rules or enforcing federal regulations. Amends sec. 5512 of 1994 PA 451 (MCL 324.5512) & adds sec. 5514.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Passed) 2014-12-31 - Assigned Pa 0417'14 [SB0910 Detail]

Download: Michigan-2013-SB0910-Chaptered.html

Act No. 417

Public Acts of 2014

Approved by the Governor

December 29, 2014

Filed with the Secretary of State

December 30, 2014

EFFECTIVE DATE: March 31, 2015

STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2014

Introduced by Senators Casperson, Caswell, Robertson, Nofs, Marleau, Booher, Green and Meekhof

ENROLLED SENATE BILL No. 910

AN ACT to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 5512 (MCL 324.5512), as amended by 2012 PA 102, and by adding section 5514.

The People of the State of Michigan enact:

Sec. 5512. (1) Subject to section 5514, the department shall promulgate rules for purposes of doing all of the following:

(a) Controlling or prohibiting air pollution.

(b) Complying with the clean air act.

(c) Controlling any mode of transportation that is capable of causing or contributing to air pollution.

(d) Reviewing proposed locations of stationary emission sources.

(e) Reviewing modifications of existing emission sources.

(f) Prohibiting locations or modifications of emission sources that impair the state’s ability to meet federal ambient air quality standards.

(g) Establishing suitable emission standards consistent with federal ambient air quality standards and factors including, but not limited to, conditions of the terrain, wind velocities and directions, land usage of the region, and the anticipated characteristics and quantities of potential air pollution sources. This part does not prohibit the department from denying or revoking a permit to operate a source, process, or process equipment that would adversely affect human health or other conditions important to the life of the community.

(h) Implementing sections 5505 and 5506.

(2) Unless otherwise provided in this part, each rule, permit, or administrative order promulgated or issued under this part prior to November 13, 1993 shall remain in effect according to its terms unless the rule or order is inconsistent with this part or is revised, amended, or repealed.

(3) Section 11522 applies to open burning.

Sec. 5514. (1) The department of environmental quality shall not do any of the following:

(a) Promulgate a rule limiting emissions from wood heaters.

(b) Enforce against a manufacturer, distributor, or consumer a federal regulation limiting emissions from wood heaters and adopted after May 1, 2014.

(2) As used in this section, “wood heater” means a wood stove, pellet stove, wood-fired hydronic heater, wood burning forced-air furnace, or masonry wood heater designed for heating a home or business.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor