2005 House Bill 4617

Establish dioxin cleanup determination standards

Introduced in the House

April 14, 2005

Introduced by Rep. John Moolenaar (R-98)

To prohibit the Department of Environmental Quality from labeling a property as a toxic waste "facility" in the absence of actual testing because it believes there may be dioxin contamination. If the property is a person's residential homestead, the DEQ would be prohibited from entering the property for testing without the owner’s permission. Also, to require the department to determine what types of cleanup are needed for dioxin contamination in an area on the basis of independent studies that measure how much dioxin is actually absorbed by animals (and people) from contaminated soil. Note: The DEQ has proposed soil testing at thousands of properties and homes in the Midland, Saginaw and Titabawasee River area for the presence of dioxin, using a 90 parts per trillion standard that is reportedly 10 times more stringent than certain federal environmental standards. Also, the University of Michigan is conducting a study in the area that measures actual blood samples from a random sample of residents.

Referred to the Committee on Government Operations

June 21, 2005

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

June 28, 2005

Substitute offered

To replace the previous version of the bill with one containing technical changes, and one substantive change. This version expands the scope of the bill so that it is not limited to dioxin, but also applies to properties that may have been contaminated with other substances or minerals.

The substitute passed by voice vote

June 29, 2005

Passed in the House 77 to 29 (details)

To prohibit the Department of Environmental Quality from labeling a property as a toxic waste "facility" in the absence of actual testing. If the property is a person's residential homestead, the DEQ would be prohibited from entering the property for testing without the owner’s permission. Also, to require the DEQ to determine what types of cleanup are needed on the basis of independent, peer reviewed risk assessment studies.

Received in the Senate

June 30, 2005

Referred to the Committee on Appropriations

Nov. 8, 2005

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Dec. 7, 2005

Substitute offered

To replace the previous version of the bill with one that adds a provision establishing that if a property owner who may be liable for the contamination disagrees with a designation of contamination they may contest it by a timely testing of the property.

The substitute passed by voice vote

Passed in the Senate 20 to 16 (details)

To prohibit the Department of Environmental Quality from labeling a property as a toxic waste "facility" in the absence of actual testing on the property. If the property is a person's residential homestead, the DEQ would be prohibited from entering the property for testing without the owner’s permission. Also, to require the DEQ to determine what types of cleanup are needed on the basis of independent, peer reviewed risk assessment studies.

Received in the House

Dec. 7, 2005

To concur with the Senate-passed version of the bill.

Passed in the House 70 to 32 (details)

Vetoed by Gov. Jennifer Granholm

Dec. 27, 2005