September 20, 2006, Introduced by Reps. Kolb, Lipsey, Alma Smith, Tobocman and Plakas and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding part 56.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 56. GREENHOUSE GAS EMISSION REPORTING
Sec. 5601. As used in this part:
(a) "Carbon dioxide equivalents" means the amount of each GHG
that makes the same contribution to global warming as 1 metric ton
of carbon dioxide, as determined by the department.
(b) "Clean air act" means that term as defined in section
5501.
(c) "Department" means the department of environmental
quality.
(d) "Direct GHG emissions" means greenhouse gas emissions
released from a mandatory reporting facility or a facility that is
owned or operated by a person submitting information under this
part.
(e) "Director" means the director of the department.
(f) "Facility" means all buildings, structures, or
installations owned or operated by a person and located on any 1 or
more contiguous or adjacent parcels of property.
(g) "GHG database" means a record of GHG emissions reported by
mandatory reporting facilities and established under section 5605.
(h) "GHG emissions" includes all of the following emissions of
a greenhouse gas:
(i) Stationary combustion source emissions, which are emitted
as a result of combustion of fuels in stationary equipment such as
boilers, furnaces, burners, turbines, heaters, incinerators,
engines, flares, and other similar sources.
(ii) Process emissions, which consist of emissions from
chemical or physical processes other than combustion.
(iii) Fugitive emissions, which consist of intentional and
unintentional emissions from equipment leaks such as joints, seals,
packing, and gaskets or from piles, pits, cooling towers, and other
similar sources.
(i) "Greenhouse gas" or "GHG" means the gaseous form of carbon
dioxide, methane, nitrous oxide, hydrofluorocarbons,
perfluorocarbons, or sulfur hexafluoride.
(j) "Mandatory reporting facility" means a facility to which
either or both of the following apply:
(i) During the preceding calendar year, the facility or any
part thereof was required to report information on any of its air
emissions to the department under part 55 or to the United States
environmental protection agency under the clean air act.
(ii) During the preceding calendar year, the facility or any
part thereof had GHG emissions of more than 10,000 metric tons,
measured in carbon dioxide equivalents.
Sec. 5603. (1) Not later than July 1 of each calendar year,
beginning in 2007, each mandatory reporting facility shall submit
to the department a report that states, for the preceding calendar
year, the mandatory reporting facility's GHG emissions, expressed
in units of carbon dioxide equivalents.
(2) Upon establishment of the GHG database, any person may
submit to the department a report that states the total emissions
of the person for years after 1990 for which there is verifiable
information.
Sec. 5605. (1) The department, in consultation with private
businesses and nongovernmental organizations, shall establish,
operate, and maintain a greenhouse gas database, to collect,
verify, record, and analyze information on GHG emissions and to
establish baselines for mandatory reporting facilities against
which any future federal or state GHG emissions reduction
requirements may be applied.
(2) Before including any information reported to the
department in the database, the department shall verify the
completeness, consistency, and accuracy of the information in
conformance with the rules promulgated under section 5607.
(3) The department shall publish the GHG database for
distribution to the public and post the GHG database on its
website, except for information to which 1 or more of the following
apply, as determined by the department:
(a) Disclosure of the information poses a risk to national
security.
(b) The information is confidential business information the
disclosure of which would cause competitive harm and cannot be
derived from information that is otherwise publicly available.
Sec. 5607. (1) The department shall promulgate rules to
establish methods and procedures for all of the following:
(a) Reporting information to the GHG database.
(b) Calculating, estimating, or otherwise quantifying direct
GHG emissions and any other GHG emissions that the department
determines may be reported to the GHG database.
(c) Verifying information reported to the database.
(d) Determining that a particular facility is a mandatory
reporting facility.
(e) Complying with the requirements of section 5605(3).
(f) Minimizing the cost, inconvenience, and general burden of
reporting on the mandatory reporting facilities.
(g) General supervision and administration of this part.
(2) Within 6 months after the effective date of this part, the
department shall submit rules proposed under subsection (1) for a
public hearing pursuant to the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 5609. (1) An individual who violates this part or a rule
promulgated under this part is guilty of a misdemeanor punishable
by imprisonment for not more than 90 days or a fine of not more
than $500.00, or both.
(2) A person, other than an individual, that violates this
part or a rule promulgated under this part is guilty of a felony
punishable by imprisonment for not more than 4 years or a fine of
not more than $5,000.00, or both.
(3) The director, after notice and an opportunity for a
hearing, may impose upon a person that violates this part or a rule
promulgated under this part an administrative fine of not more than
$2,000.00 or, for a violation committed after a conviction or
administrative determination of a first violation, an
administrative fine of not more than $4,000.00.