LANSING, Mich. (Michigan News Source) – Communities impacted by companies with environmental infractions could financially benefit under Senate legislation debated in a House Committee last week. 

The House Natural Resources, Environment, and Tourism Outdoor Recreation Committee Meeting, legislators spoke in favor of transferring the fees acquired from Air Quality Violations away from the general fund and back to the communities affected by the violations. 

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“At every single one of those hearings, residents would talk about how the fine being paid to the state wouldn’t be coming back to their neighborhood,” said State Senator Stephanie Chang (D-Detroit). “Even though they are the ones who experience the air pollution as a result of the violation.” 

According to Sen. Chang, Senate Bill 26, would accomplish several things to address communities disproportionately affected by pollution. 

“[SB 26] creates the Air Quality Enforcement and Mitigation Fund and outlines how the funds would be spent to mitigate air pollution in communities facing disproportionate environmental burden,” she said. “Currently, when a company violates the air quality standards or their permit, the result is often a consent order that details what steps a company must take to prevent the situation from happening again, along with a monetary fine.” 

According to Sen. Chang, 30% of the funds collected would go back to EGLE for training, and air monitoring and inspections.  The other 70% would be granted to “non-profits, local governments, colleges and universities, or school districts” via an air quality community impact grant program, she said. 

Several members raised concerns about having a single entity, EGLE, as the sole arbiter of fine and benefit partially as well. 

“EGLE is the one monitoring and then indicating the violations, and then they’re also the ones that prosecute and collect the violations, seems like the same agency doing both,” Rep. David Martin (R-Davison) said. “I would like to have a way to look at it with a little more oversight.” 

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Senator Chang defended the program’s structure explaining there are objective standards for violations. 

“It is not an arbitrary [review process] it is not subjective, it is very much here is what the law says, here is what the standards are, and if you are violating them, here is the process to actually go through and identify what the penalty should be,” she said. 

Tim Minotas, deputy director of government relations for the Sierra Club Michigan shared his support for the bill and those communities affected by air quality pollution. 

“Right now in Michigan, nearly half of our population, more than 4.7 million people live in what is called non attainment areas for air quality standards,” he said, “We know low income areas across the state face the worst air quality as a result of inequitable industrial policies, so fines from violators should not be going to the general fund where the legislature can spend this money however way they want, this money does deserve to go back to the communities where the violations have taken place.”

Others such as John Boothroyd, government relations director for the Michigan Sugar Company, argued that the oversight would be subjective and that he is concerned about fines increasing in frequency under the new program. 

The company’s site in Bay City has received numerous violations relating to nuisance odors, due to the thousands of pounds of Beets boiled each day according to Boothroyd, who fears they might be fined more under the bill. 

The Committee did not vote on the bill and will likely hear more testimony.