Bill Text: MI HB5271 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Education; facilities; certain activities to determine and eliminate environmental hazards before building a school or acquiring a site for a school; require. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1264.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2010-05-04 - Referred To Committee On Education [HB5271 Detail]
Download: Michigan-2009-HB5271-Engrossed.html
HB-5271, As Passed House, April 29, 2010
SUBSTITUTE FOR
HOUSE BILL NO. 5271
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1264.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1264. (1) The board of a school district or intermediate
school district or the board of directors of a public school
academy shall not acquire a site for the construction of a school
building or, if a site was acquired before the effective date of
this section, commence construction of a school building on the
site unless the board or board of directors has conducted an
environmental assessment of the site to determine whether the site
is a facility.
(2) If the environmental assessment under subsection (1)
indicates that the site is a facility, all of the following apply:
(a) Not less than 28 days before acquiring the site for the
construction of a school building or, if the site was acquired
before the effective date of this section, commencing construction
of a school building on the site, the board or board of directors
shall provide public notice of the results of the environmental
assessment by both of the following means:
(i) Posting on the school district's, intermediate school
district's, or public school academy's website, if any.
(ii) Publication in a newspaper of general circulation in the
territory of the school district or intermediate school district
or, in the case of a public school academy, in the territory of the
school district where the site is located.
(b) The board or the board of directors shall not commence
construction of a school building at the site unless a licensed
professional engineer has attested under seal that planned response
activities will satisfy the cleanup criteria for limited
residential use under section 20120a(1)(f) and (17) or planned
corrective action will satisfy the cleanup criteria for restricted
residential use under part 213.
(c) If the board or board of directors constructs a school
building on the site, the board or board of directors shall
complete all of the following at the facility:
(i) Response activities under section 20107a of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.20107a.
(ii) Response activities that satisfy the cleanup criteria for
limited residential use under section 20120a(1)(f) and (17) or
corrective action that satisfies the cleanup criteria for
restricted residential use under part 213 unless the board or board
of directors completes response activities that satisfy the cleanup
criteria for residential use under section 20120a(1)(a) and (17) or
corrective action that satisfies the cleanup criteria for
unrestricted residential use under part 213.
(3) This section does not apply to any of the following:
(a) The maintenance, repair, or improvement of an existing
building or recreational or athletic structure or field.
(b) The replacement of an existing recreational or athletic
structure.
(4) As used in this section:
(a) "Environmental assessment" means a phase I environmental
assessment conducted in accordance with ASTM international standard
E1527, "Standard Practice for Environmental Site Assessments: Phase
I Environmental Site Assessment Process" along with sufficient
environmental sampling of recognized environmental concerns, if
such sampling is necessary to determine whether the property is a
facility.
(b) "Facility" means that term as defined in section 20101 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.20101.
(c) "Response activity" means that term as defined in section
20101 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.20101.
(d) "School building" means any of the following:
(i) A building intended to be used to provide instruction for
pupils, including an addition to an existing building.
(ii) A recreational or athletic structure or field intended to
be used by pupils.
(e) "School building" does not include playground or exercise
equipment.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5991 of the 95th Legislature is enacted into
law.
