September 10, 2009, Introduced by Reps. Kowall, Haines, McMillin, Wayne Schmidt, Meekhof, Rick Jones, Denby, Tyler, Lund, Daley, Crawford, Horn, Caul, Booher, DeShazor, Marleau and Agema and referred to the Committee on Appropriations.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 5478, 12103, 12501, 12521, 12541, 12544,
13716, and 16631 (MCL 333.5478, 333.12103, 333.12501, 333.12521,
333.12541, 333.12544, 333.13716, and 333.16631), section 5478 as
added by 2007 PA 162, section 12103 as amended by 2006 PA 260,
sections 12501 and 12521 as amended by 2004 PA 408, section 12541
as amended by 2002 PA 507, sections 12544 and 13716 as amended by
1996 PA 67, and section 16631 as added by 2008 PA 503.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5478. (1) It is the intent of the legislature that the
childhood lead poisoning prevention and control commission created
in the department under former section 5474a shall be reinstated
with minimal interruption. To this end, the following 9 members
appointed by the governor with the advice and consent of the senate
under former section 5474a and serving on the childhood lead
poisoning prevention and control commission on June 30, 2007 shall
be reinstated to serve on the commission:
(a) One member representing the department of community
health. The member appointed under this subdivision shall serve as
chairperson.
(b) One member representing the department of human services.
(c)
One member representing the department of environmental
quality
natural resources.
(d) One member representing the Michigan state housing
development authority.
(e) One member representing "Get the Lead Out!". The member
appointed under this subdivision shall be from a county with a
population of more than 500,000 but not more than 700,000.
(f) One member representing a local health department located
in a county with a population of more than 170,000 but not more
than 200,000.
(g) One member representing certified lead-abatement
contractors.
(h) Two members representing the general public. One of the
members appointed under this subdivision shall be from a city with
a population of 750,000 or more and be a parent of a child who has
experienced lead poisoning or a child advocate who has experience
with lead poisoning in children. The second member appointed under
this subdivision shall represent property owners and developers in
this state.
(2)
Effective 30 days after the effective date of this section
Beginning January 20, 2008, the childhood lead poisoning prevention
and control commission reinstated under subsection (1) shall
consist of 16 voting members. In addition to the 9 members under
subsection (1), the following additional 7 members shall be
appointed
by the governor within 30 days after the effective date
of
this section not later than January 20, 2008, with the advice
and consent of the senate:
(a) One member representing the Michigan municipal league.
(b) One member representing the department of labor and
economic growth.
(c) One member representing the Michigan chapter of the
American academy of pediatrics.
(d) One member representing the prosecuting attorneys
coordinating council.
(e) One member representing the department of education.
(f) One member representing the Michigan association of home
builders remodelors council.
(g) One member representing the early childhood investment
corporation.
(3)
On and after the effective date of this section Beginning
December 31, 2007, the term of office of individual members of the
commission, except those appointed to fill vacancies, expires 3
years after appointment on December 31 of the year in which the
term will expire. Members are eligible for reappointment to the
commission.
(4) Members of the commission shall serve without compensation
but, subject to appropriations, may receive reimbursement for their
actual and necessary expenses while attending meetings or
performing other authorized official business of the commission. If
a vacancy occurs on the commission, that vacancy shall be filled in
the same manner as the original appointment.
(5) The commission may hold public hearings as it determines
necessary or appropriate to carry out its duties under this part.
The commission shall seek input from the general public and all of
the following individuals or groups that have an interest in
childhood lead poisoning prevention and control:
(a) The Michigan association of osteopathic family physicians
or its successor organization.
(b) The Michigan nurses association or its successor
organization.
(c) The Michigan council of nurse practitioners or its
successor organization.
(d) The Michigan association of health plans or its successor
organization.
(e) The Michigan association for local public health or its
successor organization.
(f) Blue cross blue shield of Michigan or its successor
organization.
(g) The Michigan health and hospital association or its
successor organization.
(h) The Michigan head start association or its successor
organization.
(i) The Michigan council for maternal and child health or its
successor organization.
(j) Michigan's children or its successor organization.
(k) Michigan league for human services or its successor
organization.
(l) Detroit public schools or its successor organization.
(m) The rental property owners association or its successor
organization.
(n) The Michigan associated general contractors or its
successor organization.
(o) The Michigan association of realtors or its successor
organization.
(p) The Michigan environmental council or its successor
organization.
(q) The Michigan adult blood lead epidemiology and
surveillance program or its successor organization.
(r) The Michigan state university extension program or its
successor organization.
(s) The Detroit lead partnership or its successor
organization.
(t) The Michigan lead safe partnership or its successor
organization.
(u) The Detroit mayor's lead-based paint task force or its
successor organization.
(v) United parents against lead or its successor organization.
(w) The Michigan department of community health medical
services administration or its successor organization.
(x) The Michigan occupational safety and health administration
or its successor organization.
(y) The Michigan department of community health bureau of
laboratories or its successor organization.
(z) An occupational and environmental medicine specialist.
(aa) Parents or patient advocates of children who have
experienced lead poisoning.
(bb) A local housing authority.
(cc) A community reinvestment officer.
(dd) The Michigan state medical society or its successor
organization.
(ee) The Michigan academy of family physicians or its
successor organization.
(ff) Saint Mary's field neurosciences institute or its
successor organization.
(gg) The ARC Michigan organization or its successor
organization.
(hh) Any other interested organization or association
concerned with the prevention, treatment, and control of lead
poisoning that the department determines necessary.
(6) The commission shall conduct its business at a public
meeting held in compliance with the open meetings act, 1976 PA 267,
MCL 15.261 to 15.275. The commission shall give public notice of
the time, date, and place of the meeting in the manner required by
the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. The
commission shall make available a writing prepared, owned, used, in
the possession of, or retained by the childhood lead poisoning
prevention and control commission to the public in compliance with
the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(7) As used in this section and section 5479, "commission"
means the commission created and appointed by the governor under
former section 5474a and this section.
(8) This section is repealed effective July 1, 2010.
Sec.
12103. (1) The department of environmental quality
natural resources 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 The
department of community
health,
in consultation with the department of environmental
quality
natural resources, 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
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.
Sec. 12501. (1) As used in sections 12501 to 12516:
(a) "Campground" means a parcel or tract of land under the
control of a person in which sites are offered for the use of the
public or members of an organization, either free of charge or for
a fee, for the establishment of temporary living quarters for 5 or
more recreational units. Campground does not include a seasonal
mobile home park licensed under the mobile home commission act,
1987 PA 96, MCL 125.2301 to 125.2349.
(b)
"Department" means the department of environmental quality
natural resources.
(c) "Local health department" means that term as defined under
section 1105.
(d) "Mobile home" means a structure, transportable in 1 or
more sections, which is built on a chassis and designed to be used
as a dwelling with or without permanent foundation, when connected
to the required utilities, and includes the plumbing, heating, air
conditioning, and electrical systems contained in the structure.
(e) "Person" means a person as defined in section 1106 or a
governmental entity.
(f) "Recreational unit" means a tent or vehicular-type
structure, primarily designed as temporary living quarters for
recreational, camping, or travel use, which either has its own
motive power or is mounted on or drawn by another vehicle which is
self-powered. A tent means a collapsible shelter of canvas or other
fabric stretched and sustained by poles and used for camping
outdoors. Recreational unit includes the following:
(i) A travel trailer, which is a vehicular portable structure,
mounted on wheels, of such a size or weight as not to require
special highway movement permits when drawn by a vehicle, primarily
designed and constructed to provide temporary living quarters for
recreational, camping, or travel use.
(ii) A camping trailer, which is a vehicular portable structure
mounted on wheels and constructed with collapsible partial
sidewalls of fabric, plastic, or other pliable material which fold
for towing by another vehicle and unfold at the campsite to provide
temporary living quarters for recreational, camping, or travel use.
(iii) A motor home, which is a vehicular structure built on a
self-propelled motor vehicle chassis, primarily designed to provide
temporary living quarters for recreational, camping, or travel use.
(iv) A truck camper, which is a portable structure designed to
be loaded onto, or affixed to, the bed or chassis of a truck,
constructed to provide temporary living quarters for recreational,
camping, or travel use. Truck campers are of 2 basic types:
(A) A slide-in camper, which is a portable structure designed
to be loaded onto and unloaded from the bed of a pickup truck,
constructed to provide temporary living quarters for recreational,
camping, or travel use.
(B) A chassis-mount camper, which is a portable structure
designed to be affixed to a truck chassis, and constructed to
provide temporary living quarters for recreational, camping, or
travel use.
(v) A single sectional mobile home used only to provide
temporary living quarters for recreational, camping, or travel use.
Recreational unit does not include a mobile home used as a
permanent dwelling, residence, or living quarters.
(2) In addition, article 1 contains general definitions and
principles of construction applicable to all articles in this code.
Sec. 12521. As used in sections 12521 to 12534:
(a)
"Department" means the department of environmental quality
natural resources.
(b) "Local health department" means that term as defined under
section 1105.
(c) "Person" means a person as defined in section 1106 or a
governmental entity.
(d) "Public swimming pool" means an artificial body of water
used collectively by a number of individuals primarily for the
purpose of swimming, wading, recreation, or instruction and
includes related equipment, structures, areas, and enclosures
intended for the use of individuals using or operating the swimming
pool such as equipment, dressing, locker, shower, and toilet rooms.
Public swimming pools include those which are for parks, schools,
motels, camps, resorts, apartments, clubs, hotels, mobile home
parks, subdivisions, waterparks, and the like. A pool or portable
pool located on the same premises with a 1-, 2-, 3-, or 4-family
dwelling and for the benefit of the occupants and their guests, a
natural bathing area such as a stream, lake, river, or man-made
lake or pond that uses water from natural sources and has an inflow
and outflow of natural water, an exhibitor's swimming pool built as
a model at the site of the seller and in which swimming by the
public is not permitted, or a pool serving not more than 4 hotel,
motel, apartment, condominium, or similar units is not a public
swimming pool.
Sec. 12541. (1) The local health officer or an authorized
representative of the local health department having jurisdiction
may test and otherwise evaluate the quality of water at bathing
beaches to determine whether the water is safe for bathing
purposes. However, the local health officer or authorized
representative shall notify the city, village, or township in which
the bathing beach is located prior to conducting the test or
evaluation.
(2) If a local health officer or an authorized representative
of a local health department conducts a test or evaluation of a
bathing beach under subsection (1), within 36 hours of conducting
the test or evaluation, he or she shall notify the department, the
city, village, or township in which the bathing beach is located,
and the owner of the bathing beach of the results of the test or
evaluation.
(3) The owner of the bathing beach shall post at the main
entrance to the bathing beach or other visible location a sign that
states whether or not the bathing beach has been tested or
evaluated under subsection (1) and, if the bathing beach has been
tested, the location of where test results may be reviewed. Open
stretches of beach or beaches at road ends that are not advertised
or posted as public bathing beaches do not need to have signs
posted.
(4) If a local health officer or authorized representative of
the local health department conducts a test or evaluation under
subsection (1) and, based upon the standards promulgated under
section 12544, the health officer or the authorized representative
determines that the water is unsafe for bathing, he or she may
petition the circuit court of the county in which the bathing beach
is located for an injunction ordering the person owning or
operating the bathing beach to close the bathing beach for use by
bathers or ordering other measures to keep persons from entering on
the bathing beach. Upon receipt of a petition under this
subsection, the court may grant an injunction if circumstances
warrant it.
(5) As used in this section:
(a) "Bathing beach" means a beach or bathing area offered to
the public for recreational bathing or swimming. It does not
include a public swimming pool as defined in section 12521.
(b)
"Department" means the department of environmental quality
natural resources.
Sec. 12544. The department, in cooperation with local health
departments, shall promulgate rules which shall contain minimum
sanitation standards for determining water quality at bathing
beaches open to the public. The rules shall be used by a local
health department to establish the safety of the water for
swimming. Water quality standards adopted under this section shall
be in conformity with the official state water quality standards
adopted
by the department of environmental quality natural
resources
under the authority of part 31 (water
resources
protection)
of the natural resources and
environmental protection
act,
Act No. 451 of the Public Acts of 1994, being sections
324.3101
to 324.3119 of the Michigan Compiled Laws 1994 PA 451, MCL
324.3101 to 324.3133.
Sec. 13716. (1) Upon receipt of an application for a
construction and operating license, the department shall do all of
the following:
(a) Within 45 days, determine whether the application is
complete. If the application is not complete, the department shall
notify the authority of all deficiencies and request that the
additional information that the department considers necessary to
make the application complete be supplied by the authority within
15 days. If the authority is unable to supply the requested
information within 15 days, the authority shall notify the
department in writing of the reason for any delay and when the
requested information will be forwarded.
(b) Immediately notify the local monitoring committee of the
host site community, the governing body of the county in which the
host site is located, and impacted state departments and agencies
as determined by the department of the receipt of an application
for a construction and operating license and the procedure by which
the license may be approved or denied.
(c) Publish a notice in a newspaper that has statewide
circulation, and a newspaper that has major circulation in the
municipality in the immediate vicinity of the host site, and a
newspaper that is circulated in the county in which the host site
is located. The published notice shall contain a map indicating the
location of the host site and shall contain a description of the
host site and the location where the complete application package
may be reviewed and where copies may be obtained. The notice shall
describe the procedure by which the construction and operating
license may be granted or denied. The director shall provide an
opportunity for public comment at least 60 days before making a
final decision to grant or deny an application for a construction
and operating license.
(d) Along with other impacted state departments and agencies
as determined by the department, review the entire application for
a construction and operating license. The review shall include, but
not be limited to, considerations pertaining to air quality, water
quality, waste management, hydrogeology, and proposed waste
transportation routes, and the protection of the public health,
safety, and welfare, and the environment. The review shall be
completed within 140 days after a complete application is received.
Following the completion of the 140-day review, the department
shall prepare a draft version of a construction and operating
license that the department is considering issuing. Before the
department prepares a draft construction and operating license, the
department shall assure that all concerns expressed by the review
board created in section 13 of the low-level radioactive waste
authority act, 1987 PA 204, MCL 333.26213, the local monitoring
committee of the host site community, the governing body of the
county in which the host site is located, and impacted state
departments and agencies during the review process are considered.
A written and signed review by each person representing a
department who reviews the application and plans shall be reviewed
and recorded by the department before a draft license is prepared
by the department. In addition, before a draft license is prepared,
but following the completion of the 140-day review, the department
shall prepare a responsive summary that describes any public
comments received by the department and describes how those
comments have been evaluated and addressed by the department.
(e) Insure that the draft construction and operating license,
written and signed reviews, and the responsive summary provided for
in subdivision (d) are submitted to impacted state agencies as
determined
by the director and to the department of environmental
quality
natural resources.
(2) The director shall make a decision to issue a construction
and operating license or deny the application for a construction
and operating license as soon as practicable but not later than 12
months after the receipt of a complete application that is in
compliance with this part. If the director denies the authority's
application for a construction and operating license, the director
shall state his or her reason or reasons in writing. If the
construction and operating license application meets the
requirements of this part and the rules promulgated under this
part, the department shall, after preparing a draft version,
prepare and issue to the authority a construction and operating
license.
(3) The departments of agriculture, natural resources,
environmental
quality, state police, the state
transportation
department, and other state departments and agencies shall consult
and cooperate with the department in a timely manner in the review
of an application for a construction and operating license. The
department may also seek the assistance of any other person in
evaluating the application for a construction and operating license
and in the development of a draft or final construction and
operating license, or both.
(4) Except as provided in this subsection, the issuance of a
construction and operating license by the director pursuant to this
part shall exempt the authority from obtaining other permits,
licenses, or registrations which may be required under other
applicable state laws, but shall not exempt the authority from
meeting other standards and requirements of applicable state laws
or federal laws or from obtaining an operating license pursuant to
part
111 (hazardous waste management) of the natural resources and
environmental
protection act, Act No. 451 of the Public Acts of
1994,
being sections 324.11101 to 324.11152 of the Michigan
Compiled
Laws 1994 PA 451, MCL 324.11101
to 324.11153, before
construction commences.
(5) A local ordinance or permit requirement or other local
requirement shall not prohibit, restrict, or regulate the
construction or operation of the disposal site.
Sec. 16631. (1) Except as otherwise provided, this section
applies to a dentist who uses dental amalgam and to a dentist who
removes dental amalgam. This section does not apply to any of the
following:
(a) Oral and maxillofacial surgeons.
(b) Oral and maxillofacial radiologists.
(c) Oral pathologists.
(d) Orthodontists.
(e) Periodontists.
(f) Dentists while providing services in a dental school, in a
hospital, or through a local health department.
(2) On or before December 31, 2013, a dentist described in
subsection (1) shall install or have installed and use on each
wastewater drain in the dentist's office that is used to discharge
dental amalgam a separator that has an efficiency of 95% or more as
determined through testing in accordance with standards published
by the international organization for standardization in ISO
11143:2008 "Dental equipment — Amalgam separators".
(3)
On or before the expiration of 90 days after the effective
date
of this section Not later
than April 13, 2009, the department,
in
consultation with the department of environmental quality
natural resources, shall promulgate rules regarding best management
practice for dental amalgam collection, disposal, and recycling and
the retention and inspection of dental office records regarding the
following:
(a) The make, model, and type of dental amalgam separator
installed and in use in the office.
(b) The method used to dispose of or recycle the dental
amalgam waste collected.
(c) The shipping or other delivery records documenting the
transfer of the dental amalgam waste collected to licensed
recyclers or disposers.
(d) The proper operation of the dental amalgam separator,
including scheduled maintenance as specified in the manufacturer's
owner's manual for that separator.
(e) Compliance with dental amalgam best management practices.
(4) A violation of subsection (1) or (2) or a rule promulgated
under subsection (3) is a violation of section 16221(h).
(5)
Beginning on the effective date of this section and
subject
to this subsection January
13, 2009, this section preempts
and supersedes any local ordinance, regulation, or resolution that
imposes conflicting, different, or additional standards or
requirements on dentists than those contained in this section or
rules promulgated by the board under this section. A local unit of
government may enact, adopt, maintain, amend, or enforce an
ordinance, regulation, or resolution that requires implementation
of the requirement in subsections (2) and (3) before the date
required in subsection (2). A local unit of government shall not
enact, adopt, maintain, or enforce an ordinance, regulation, or
resolution that imposes conflicting, different, or additional
standards or requirements on dentists than those contained in this
section or rules promulgated by the board under this section,
including, but not limited to, the requirement to obtain a permit
that limits the discharge of mercury into wastewater with a
limitation greater than that capable of being achieved by full
compliance with this section.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 807 or House Bill No.____ (request no.
04046'09) of the 95th Legislature is enacted into law.