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Chamber sounds alarm bells on brownfield, property re-use bills

Advocacy News – March 7, 2024

What’s happening: Members of the Michigan Legislature are intent on moving a package of bills that that Michigan Chamber believes would have a devastating effect on brownfield development and property use throughout the state. Particular concern lies with the Senate versions (SB 605-611), that could be taken up for a committee hearing as early as next Thursday.

Why it matters: Under current law, Michigan has an existing regulatory framework for the cleanup and ‘due care’ activities for owners of contaminated properties. Known as Part 201, this framework strikes the critical balance of ensuring the public health is protected while allowing for the re-development and utilization of contaminated sites based on science. This policy has led to successful blight removal and economic development across the Great Lakes State, particularly in many urban core areas.

However, the bills as introduced with the misleading moniker of “polluter pay”, would add significant barriers to cleanups, including burdensome new layers of bureaucracy that would skyrocket the costs and liability of handling contaminated property, or even regulated chemicals themselves. New mandates would include:

  • Requiring financial assurance if businesses store regulated chemicals on property;
  • Allowing the re-opening of closed sites and increasing litigation risks;
  • Raising cleanup requirements to the highest possible standards regardless of how the location is zoned or what the science shows on public health.

Go deeper: Check out one of our recent MI Business Matters podcasts talking with experts on this policy, including Jono Klooster who leads economic development for the City of Grand Rapids, and Troy Cumings, partner at Warner Norcross + Judd and chair of the Chamber’s Energy and Environment Policy Committee.

What’s next: The Michigan Chamber is currently in the process of circulating a coalition letter to increase awareness and add to the list of concerned voices and stakeholders. For more information or to get involved, please contact Mike Alaimo at malaimo@michamber.com.

 

Advocacy News – March 7, 2024

What’s happening: Members of the Michigan Legislature are intent on moving a package of bills that that Michigan Chamber believes would have a devastating effect on brownfield development and property use throughout the state. Particular concern lies with the Senate versions (SB 605-611), that could be taken up for a committee hearing as early as next Thursday.

Why it matters: Under current law, Michigan has an existing regulatory framework for the cleanup and ‘due care’ activities for owners of contaminated properties. Known as Part 201, this framework strikes the critical balance of ensuring the public health is protected while allowing for the re-development and utilization of contaminated sites based on science. This policy has led to successful blight removal and economic development across the Great Lakes State, particularly in many urban core areas.

However, the bills as introduced with the misleading moniker of “polluter pay”, would add significant barriers to cleanups, including burdensome new layers of bureaucracy that would skyrocket the costs and liability of handling contaminated property, or even regulated chemicals themselves. New mandates would include:

  • Requiring financial assurance if businesses store regulated chemicals on property;
  • Allowing the re-opening of closed sites and increasing litigation risks;
  • Raising cleanup requirements to the highest possible standards regardless of how the location is zoned or what the science shows on public health.

Go deeper: Check out one of our recent MI Business Matters podcasts talking with experts on this policy, including Jono Klooster who leads economic development for the City of Grand Rapids, and Troy Cumings, partner at Warner Norcross + Judd and chair of the Chamber’s Energy and Environment Policy Committee.

What’s next: The Michigan Chamber is currently in the process of circulating a coalition letter to increase awareness and add to the list of concerned voices and stakeholders. For more information or to get involved, please contact Mike Alaimo at malaimo@michamber.com.