SB-1112, As Passed Senate, June 1, 2006

SENATE SUBSTITUTE FOR HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1112

     A bill to amend 1917 PA 167, entitled

"Housing law of Michigan,"

by amending section 85a (MCL 125.485a), as added by 2003 PA 307.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 85a. (1)  A  Within 48 hours of discovering an illegal

drug manufacturing site, a state or local law enforcement agency

shall notify the enforcing agency, the local health department if

the enforcing agency is not the local health department, and the

department of  environmental quality  community health regarding

the potential contamination of any property or dwelling that is or

has been the site of illegal drug manufacturing. The state or local

law enforcement agency shall post a written warning on the premises

stating that potential contamination exists and may constitute a

hazard to the health or safety of those who may occupy the

premises.

     (2) Within 14 days after receipt of the notification under

subsection (1) or as soon thereafter as practically possible, the

department of  environmental quality  community health, in

cooperation with the enforcing agency, shall review the information

received from the state or local law enforcement agency, emergency

first responders, or hazardous materials team that was called to

the site and make a determination regarding whether the premises

are likely to be contaminated and whether that contamination may

constitute a hazard to the health or safety of those who may occupy

the premises. The fact that property or a dwelling has been used as

a site for illegal drug manufacturing shall be treated by the

department of  environmental quality  community health as prima

facie evidence of likely contamination that may constitute a hazard

to the health or safety of those who may occupy those premises.

     (3) If the property or dwelling, or both, is determined likely

to be contaminated under subsection (2), the enforcing agency shall

issue an order requiring the property or dwelling to be vacated

until the property owner establishes that the property is

decontaminated or the risk of likely contamination ceases to exist.

The property owner may establish that the property is

decontaminated by submitting a written assessment of the property

before decontamination and a written assessment of the property

after decontamination, enumerating the steps taken to render the

property decontaminated, and a certification that the property has

been decontaminated and that the risk of likely contamination no

longer exists to the enforcing agency. The property or dwelling

shall remain vacated until the enforcing agency has reviewed and

concurred in the certification.

     (4) The department of  environmental quality  community health

shall promulgate rules and procedures necessary to implement this

section.

     (5) Nothing in this section precludes a local health

department from exercising its powers or duties under this act or

the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.

However, if there is a determination under subsection (2) that is

contrary to an order made by a local health department, then the

determination made under subsection (2) takes precedence.