September 14, 2006, Introduced by Reps. Newell, Nitz, Baxter and Moore and referred to the Committee on Agriculture.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 5542 (MCL 324.5542).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
5542. (1) Nothing in Except as provided in subsection
(4),
this part, or in including any rule promulgated under this
part, invalidates
does not invalidate any existing ordinance or
regulation
having requirements equal to or greater than the
minimum
applicable requirements of this part or
prevents prevent
any political subdivision from adopting similar provisions if their
requirements are equal to or greater than the minimum applicable
requirements of this part.
(2) When a political subdivision or enforcing official of a
political subdivision fails to enforce properly the provisions of
the
political subdivision's ordinances
, laws, or regulations
that afford equal protection to the public as provided in this
part, the department, after consultation with the local official or
governing body of the political subdivision, may take such
appropriate action as may be necessary for enforcement of the
applicable provisions of this part.
(3) The department shall counsel and advise local units of
government on the administration of this part. The department shall
cooperate in the enforcement of this part with local officials upon
request.
(4) A political subdivision shall not adopt or enforce an
ordinance that imposes emissions standards on stoves described in
section 5519 that are more stringent than the standards promulgated
under that section or the clean air act, whichever is the more
stringent.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6524(request no.
07311'06) of the 93rd Legislature is enacted into law.