Bill
HB 6122
Michigan: Repeals the emergency affirmative defense for permit exceedances, increasing potential enforcement for emissions during emergencies. Rhode Island: Ensures state-level di
Note: the materials you provided include two different bills both labeled “HB 6122” from different jurisdictions. Below are separate, concise summaries for each bill (Michigan HB 6122 and Rhode Island HB 6122), with jurisdiction, purpose, key provisions, affected parties, and procedural status.
Purpose
- Repeal the statutory “emergency” affirmative defense for air emission permit holders in Part 55 of the Natural Resources and Environmental Protection Act (NREPA).
Key provisions / changes
- Repeals MCL 324.5527 (the emergency affirmative defense) and makes conforming changes to provisions governing operating permits (MCL 324.5506).
- Under the current (repealed) provision, a permit holder could assert an “emergency” affirmative defense to enforcement for exceeding technology‑based emission limits if the permittee:
- Demonstrated an unforeseeable emergency (acts of God, war, strike, riot, catastrophe, etc.) that caused unavoidable excess emissions;
- Could identify the cause(s) of the emergency;
- Properly operated the source at the time;
- Took all reasonable steps to minimize excess emissions; and
- Notified the Department of Environment, Great Lakes, and Energy (EGLE) within two working days with contemporaneous logs or other supporting evidence describing the emergency, mitigation steps, and corrective actions.
- The repeal removes that statutory path to avoid civil enforcement liability even where those conditions are met.
Who is affected
- Major stationary sources and other entities required to hold Title V operating permits or permits to install/operate under Part 55.
- State regulatory agencies (EGLE) and potentially affected communities (impacts relate to enforcement and emissions outcomes).
Potential impacts
- Permit holders lose a statutory affirmative defense for certain exceedances caused by emergencies; this could increase exposure to enforcement actions, fines, or other remedies.
- Could incentivize stricter maintenance and operational practices to avoid exceedances.
- House Fiscal Agency estimated no direct fiscal effect for EGLE or local governments.
Procedural / timeline (from provided actions)
- Introduced Nov. 14, 2024 (Rep. Donovan McKinney).
- Committee and floor actions occurred through mid‑2025; final listed status: Signed by Governor 07/01/2025.
Statutory references
- MCL 324.5506; MCL 324.5527 (repealed).
Purpose
- Ensure that Rhode Island continues to apply the protections of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) in state law even if federal Section 504 or its implementing regulations are repealed or nullified by federal action.
Key provisions / changes
- Amends R.I. Gen. Laws § 42‑87‑2 to provide that if Section 504 or related implementing regulations are repealed or declared invalid by final federal action applicable to the state (including federal executive or judicial actions that nullify 29 U.S.C. § 794), Rhode Island will:
1. Continue to prohibit discrimination based on disability to include acts prohibited by Section 504 and its implementing regulations as they existed immediately prior to the repeal/nullification.
2. Require broad interpretation of the state disability discrimination provision “to the fullest extent possible” under state and federal law so that protections afforded persons with disabilities are maintained.
- Effective upon passage.
Who is affected
- People with disabilities who participate in or benefit from state programs, activities, or services, and persons/entities doing business in Rhode Island or that receive state financial assistance.
- State agencies, entities regulated by the state, and contractors or grantees that receive state funds.
Potential impacts
- Provides legal continuity of federal‑equivalent disability protections at the state level if federal standards change.
- Preserves enforcement and remedies under state law consistent with pre‑repeal Section 504 standards.
- May require state agencies and contractors to continue compliance with standards and procedures that mirror federal Section 504 as of the date immediately prior to any federal repeal/nullification.
Procedural / timeline (from provided actions)
- Introduced March 21, 2025 (Representatives McNamara, Kislak, Chippendale, et al.); referred to House Judiciary.
- Bill text indicates it takes effect upon passage. (No later enactment actions provided in the documents you supplied.)
Statutory references
- R.I. Gen. Laws § 42‑87‑2; 29 U.S.C. § 794 (Section 504 of the Rehabilitation Act of 1973).
If you want, I can:
- Produce a one‑page comparison of the two bills’ likely legal and practical consequences; or
- Draft a plain‑language explainer targeted to affected permit holders (Michigan) or to disability‑rights stakeholders (Rhode Island).
Compiled from official sources — confirm details with the bill’s official record.
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