SB-1113, As Passed Senate, March 30, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1113

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 12103 (MCL 333.12103), as amended by 1985 PA

17.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 12103. (1) The department shall serve as the

environmental health agency for this state to facilitate a uniform

approach to environmental health by the various public and private

entities involved in that field and shall:

     (a) Advise the governor, boards, commissions, and state

agencies on matters of the environment as those matters affect the

health of the people of this state.

     (b) Cooperate with and provide environmental health resource

support to state and local health planning agencies and other

state, district, and local agencies mandated by law or otherwise

designated to develop, maintain, or administer state and local

health programs and plans, and other public and private entities

involved in environmental health activities.

     (c) Develop and maintain the capability to monitor and

evaluate conditions which represent potential and actual

environmental health hazards, reporting its findings to appropriate

state departments and local jurisdictions, and to the public as

necessary.

     (d) Provide an environmental health policy for the state and

an environmental health services plan to include environmental

health activities of local health jurisdictions.

     (e) Serve as the central repository and clearinghouse for the

collection, evaluation, and dissemination of data and information

on environmental health hazards, programs, and practices.

     (f) Within 6 months after the effective date of the amendatory

act that added this subdivision and in consultation with the

department of environmental quality, develop a cleanup of

clandestine drug labs guidance document that includes, but is not

limited to, detailed protocols for the preliminary site assessment,

remediation, and post-cleanup assessment of indoor environments and

structures and promulgate rules and procedures necessary to

implement subsection (2). The department shall make the guidance

document available to the public on the department's website and,

upon request from a local health department, shall provide that

local health department with a physical copy of the guidance

document.

     (2) A state or local law enforcement agency shall notify the

local health department and the department 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. Within 14 days after receipt of the notification under

this subsection or as soon thereafter as practically possible, the

department, in cooperation with the local health department, 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 as prima facie

evidence of likely contamination that may constitute a hazard to

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

property or dwelling, or both, is determined likely to be

contaminated under this subsection, the local health department or

the department 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.