SENATE BILL NO. 746

A bill to regulate certain port facilities; to impose certain duties, obligations, and conditions on the owners or operators of certain port facilities; to provide for the reporting of certain information; and to impose certain duties on certain state departments.

the people of the state of michigan enact:

Sec. 1. This act may be cited as the "port environmental impact transparency plan act".

Sec. 2. As used in this act:

(a) "Port authority" means a port authority created under the Hertel-Law-T. Stopczynski port authority act, 1978 PA 639, MCL 120.101 to 120.130, or a port commission created under 1925 PA 234, MCL 120.1 to 120.35.

(b) "Port facilities" means structures and improvements to land located alongside navigable water and that are used for 1 or more of the following:

(i) Loading and unloading of cargo from ships, ferries, and other floating vessels.

(ii) Support of the operation of vessels.

(iii) Cargo handling, storage, packing, and transfer or movement to other modes of transportation.

(iv) Assembly, processing, refinement, or improvement of goods recently received from or prior to entry into maritime transport.

(c) "Project" means the acquisition, purchase, construction, reconstruction, rehabilitation, remodeling, improvement, enlargement, repair, condemnation, maintenance, finance, or operation of a port facility.

Sec. 3. Beginning January 1, 2023, before initiating a new project, a port authority or the owner or operator of a port facility must develop a 5-year environmental impact transparency plan and make good-faith efforts to ensure that the project must be located, designed, and constructed to minimize adverse environmental and surface transportation impacts and provide for other beneficial uses, including, but not limited to, wildlife habitat uses, to the extent possible. The environmental impact transparency plan shall be filed with the department of environment, Great Lakes, and energy and the state transportation department and must address all of the following:

(a) Protecting the community from harmful environmental impacts.

(b) Promoting sustainability.

(c) Employing best available technology to avoid or reduce environmental impact.

(d) Including specific performance measures on the effect of development on habitat areas and the marine environment, reviewing existing water quality, habitat areas, and air pollution caused by movement of goods through maritime ports, and proposals to minimize and mitigate any substantial adverse impact.

(e) Providing for real-time air monitoring.

(f) Assigning goals, targets, timelines, and metrics for all sustainability programs.

(g) Providing periodic review of existing measures, evaluation of new measures and technologies, and the incorporation of new regulations and information.

(h) Ensuring that the owners or operators of port facilities clean up contaminated sites to facilitate redevelopment of port facilities.

Sec. 4. A port authority or the owner or operator of a port facility must post a copy of its 5-year environmental impact transparency plan on the website of the port authority or on the website of the owner or operator of the port facility.