ENVIRONMENTAL CONTAMINATION FROM

ILLEGAL DRUG MANUFACTURING

House Bill 5797

Sponsor:  Rep. Rick Jones

House Bill 5798

Sponsor:  Rep. Tonya Schuitmaker

Committee:  Health Policy

Complete to 3-27-06

A SUMMARY OF HOUSE BILLS 5797 AND 5798 AS INTRODUCED 3-1-06

House Bill 5797 would amend the Housing Law of Michigan (MCL 125.485a) to require state and local law enforcement agencies to notify the Department of Community Health rather than the Department of Environmental Quality about the potential contamination of property where illegal drug manufacturing has occurred.  (The appropriate housing law enforcing agency also must be notified.)  Subsequent duties that now fall to the DEQ in the statute would be imposed on the DCH.

House Bill 5798 would amend the Public Health Code (MCL 333.12103) to require the Department of Community Health to develop a Cleanup of Clandestine Drug Labs guidance document that would include detailed protocols for the preliminary site assessment, remediation, and post-cleanup assessment of indoor environments and structures.  The document would be developed in consultation with the Department of Environmental Quality and would have to be completed within one year after the bill took effect.

FISCAL IMPACT:

House Bills 5797 and 5798, as introduced, have fiscal implications for the Department of Community Health (DCH).  Development of a detailed guidance document required by House Bill 5798 will require staff time or contractual expense, or a combination.  The Department indicates that one new FTE position could perform this function, and suggested that position would also manage the responsibilities transferred to DCH from DEQ by House Bill 5798.

Annual expenses for one additional state level program specialist staff person would be approximately $90,000-$100,000.

The Department of Environmental Quality will continue to receive and assess notifications of other types of environmental contamination; therefore, a reduction of costs is not anticipated for DEQ as a consequence of House Bill 5798.

                                                                                           Legislative Analyst:   Chris Couch

                                                                                                   Fiscal Analyst:   Susan Frey

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