HB-4017, As Passed House, June 16, 2011

SUBSTITUTE FOR

HOUSE BILL NO. 4017

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding section 1505.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1505. (1) The department shall use a fair and equitable

sampling process to select persons whose operations or facilities

will be inspected.

     (2) Subsection (1) does not apply to any of the following:

     (a) An inspection performed in response to a complaint from a

third party.

     (b) An inspection performed because the department has

evidence that a violation has occurred.

     (c) A follow-up inspection to determine whether violations

identified in a previous inspection have been corrected.

     (d) An inspection required for the issuance of a permit.

     (e) Any inspection otherwise required under state or federal

law.

     (3) The department shall annually submit to the legislature a

report on all of the following:

     (a) The methods used to comply with this section.

     (b) The number of inspections subject to subsection (1) and

the number of inspections described in subsection (2) that were

performed by the department during the prior year.

     (4) Before conducting an inspection under this act, the

department shall provide the person whose operation or facility

will be inspected with both of the following:

     (a) An explanation of the person's rights and responsibilities

with respect to the inspection.

     (b) The reasons for conducting the inspection.

     (5) After conducting an inspection under this act, the

department shall give the person whose operation or facility was

inspected an opportunity to provide comments to the department on

the quality of the inspection and the professionalism of the

inspector.

     (6) As used in this section, "department" means the department

of environmental quality.