DNR MUST NOTIFY TOWNSHIP SUPERVISOR

& 9-1-1 BEFORE PRESCRIBED BURNS OF FORESTS

House Bill 4082 as introduced

Sponsor:  Rep. Mary Whiteford

Committee:  Natural Resources

Complete to 3-13-17

SUMMARY:

House Bill 4082 would require the Department of Natural Resources to give notice at least 24 hours before conducting a prescribed burn by calling the township supervisor and Primary PSAP (9-1-1 call center) of each township where the prescribed burn is to take place. The bill does this by adding a new Section 51503c to the Natural Resources and Environmental Protection Act (NREPA).

The notice from the DNR must include the location, expected date, and estimated number of acres of the prescribed burn, as well as the name, email address, and phone number of the person in charge of the prescribed burn.  If the DNR violates Section 51503c, then the department would be liable for any costs incurred by a township as a result of the prescribed burn.  However, this new kind of notification violation would not be subject to Section 51512, which imposes financial penalties on those whose violations of this part of NREPA cause a forest or grass fire.

Currently under the law, there is no requirement in statute that the DNR give notice to the township supervisor or Primary PSAP when conducting a prescribed burn.

The bill also would amend Section 51501 of NREPA by adding a definition for "primary public safety answering point" (primary PSAP). This definition refers to the current definition in Section 102 of the Emergency 9-1-1 Service Enabling Act, which reads, "'PSAP,' or 'primary PSAP,' means a communications facility operated or answered on a 24-hour basis assigned responsibility by a public agency or county to receive 9-1-1 calls and to dispatch public safety response services, as appropriate, by the direct dispatch method, relay method, or transfer method. It is the first point of reception by a public safety agency of a 9-1-1 call and serves the jurisdictions in which it is located and other participating jurisdictions, if any."

MCL 324.51501 et al

FISCAL IMPACT:

House Bill 4082 would have a negligible fiscal impact on the Department of Natural Resources.  The requirement that the department contact a township supervisor and primary public safety answering point 24 hours prior to conducting a prescribed burn is unlikely to create significant additional costs.  The bill also makes the DNR liable for any costs incurred by a township as a result of a prescribed burn in which the department violates this procedure.  The scale and likelihood of such violations is unclear at present, making cost projections difficult to determine.  The bill is unlikely to have a significant fiscal impact on local units of government.

                                                                                        Legislative Analyst:   Emily S. Smith

                                                                                                Fiscal Analyst:   Austin Scott

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.