HB-5798, As Passed Senate, June 1, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5798

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 12103 (MCL 333.12103), as amended by 1985 PA

17.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 12103. (1) The department of environmental quality shall

serve as the environmental health agency for this state to

facilitate a uniform approach to environmental health by the

various public and private entities involved in that field and

shall:

     (a) Advise the governor, boards, commissions, and state

agencies on matters of the environment as those matters affect the

health of the people of this state.

     (b) Cooperate with and provide environmental health resource

support to state and local health planning agencies and other

state, district, and local agencies mandated by law or otherwise

designated to develop, maintain, or administer state and local

health programs and plans, and other public and private entities

involved in environmental health activities.

     (c) Develop and maintain the capability to monitor and

evaluate conditions which represent potential and actual

environmental health hazards, reporting its findings to appropriate

state departments and local jurisdictions, and to the public as

necessary.

     (d) Provide an environmental health policy for the state and

an environmental health services plan to include environmental

health activities of local health jurisdictions.

     (e) Serve as the central repository and clearinghouse for the

collection, evaluation, and dissemination of data and information

on environmental health hazards, programs, and practices.

     (2) Within 6 months after the effective date of the amendatory

act that added this subsection, the department of community health,

in consultation with the department of environmental quality, shall

develop a cleanup of clandestine drug labs guidance document that

includes, but is not limited to, detailed protocols for the

preliminary site assessment, remediation, and post-cleanup

assessment of indoor environments and structures and cleanup

criteria based on human health risk that is similar to the cleanup

criteria derived under section 20120a of the natural resources and

environmental protection act, 1994 PA 451, MCL 324.20120a, and

shall promulgate rules and procedures necessary to implement

subsection (3). The department of community health shall make the

guidance document available to the public on its website and, upon

request from a local health department, shall provide that local

health department with a physical copy of the guidance document.

     (3) Within 48 hours of discovering an illegal drug

manufacturing site, a state or local law enforcement agency shall

notify the local health department and the department of community

health regarding the potential contamination of any property or

dwelling that is or has been the site of illegal drug

manufacturing. The state or local law enforcement agency shall post

a written warning on the premises stating that potential

contamination exists and may constitute a hazard to the health or

safety of those who may occupy the premises. Within 14 days after

receipt of the notification under this subsection or as soon

thereafter as practically possible, the department of community

health, in cooperation with the local health department, shall

review the information received from the state or local law

enforcement agency, emergency first responders, or hazardous

materials team that was called to the site and make a determination

regarding whether the premises are likely to be contaminated and

whether that contamination may constitute a hazard to the health or

safety of those who may occupy the premises. The fact that property

or a dwelling has been used as a site for illegal drug

manufacturing shall be treated by the department of community

health as prima facie evidence of likely contamination that may

constitute a hazard to the health or safety of those who may occupy

House Bill No. 5798 as amended June 1, 2006

those premises. If the property or dwelling, or both, is determined

likely to be contaminated under this subsection, the local health

department or the department of community health shall issue an

order requiring the property or dwelling to be vacated until the

property owner establishes that the property is decontaminated or

the risk of likely contamination ceases to exist. <<The property owner

may establish that the property is decontaminated by submitting a written assessment of the property before decontamination and a written assessment of the property after decontamination, enumerating the steps taken to render the property decontaminated, and a certification that the property has been decontaminated and that the risk of likely contamination no longer exists to the enforcing agency. The property or dwelling shall remain vacated until the enforcing agency has reviewed and concurred in the certification.>> As used in this

subsection, "dwelling" means any house, building, structure, tent,

shelter, trailer or vehicle, or portion thereof, except railroad

cars on tracks or rights-of-way, which is occupied in whole or in

part as the home, residence, living, or sleeping place of 1 or more

human beings, either permanently or transiently.