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Bill

SB 392

Environmental protection: cleanups; cleanup to residential and safe drinking water standards; require unless technically infeasible. Amends secs. 20118, 20120a, 20120b, 20120e & 20121 of 1994 PA 451 (MCL 324.20118 et seq.). TIE BAR WITH: SB 391'25, SB 385'25

2025-2026 Regular Session Introduced by Rosemary Bayer and 7 co-sponsors

Requires Michigan contaminated sites meet residential and drinking water safety standards unless technically impossible, potentially increasing cleanup costs and affecting industrial property redevelopment.

REFERRED TO COMMITTEE ON ENERGY AND ENVIRONMENT
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Bill Summary · SB 392

Legislative bill overview

SB 392 amends Michigan's environmental cleanup law to require contaminated sites be remediated to residential and safe drinking water standards unless technically infeasible. The bill modifies existing cleanup standards under the Part 201 environmental response liability act, potentially affecting how contaminated properties must be restored.

Why is this important

Cleanup standards determine how thoroughly polluted sites must be treated before reuse, affecting public health, property values, and development costs. Stricter standards protect residents from exposure to contaminants but increase remediation expenses, which may be passed to developers, taxpayers, or property owners. This directly impacts whether contaminated "brownfield" sites get redeveloped or remain abandoned.

Potential points of contention

  • Cost burden: Requiring stricter cleanup standards increases remediation expenses, potentially deterring private investment in brownfield redevelopment and shifting costs to responsible parties or municipalities
  • Technical feasibility definition: The "unless technically infeasible" exception is undefined, creating uncertainty about which sites qualify for exemptions and potentially enabling litigation
  • Industrial site impacts: Facilities with historical contamination may face much higher cleanup costs if current residential/drinking water standards apply retroactively, affecting manufacturing and legacy industries
  • Tie-bar implications: Linkage to SB 391 and SB 385 suggests coordinated environmental changes whose combined effect needs evaluation

Compiled from official sources — confirm details with the bill’s official record.

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