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HB 5788

Environmental protection: landfills; public comment during landfill expansion and construction; allow. Amends secs. 1307 & 11125 of 1994 PA 451 (MCL 324.1307 & 324.11125).

2025-2026 Regular Session Introduced by Reggie Miller

The bill strengthens public involvement by requiring transparent permit decisions with findings, extended public notice and hearings, and consideration of local input and health im

bill electronically reproduced 04/14/2026
#environmentalprotection:landfills #stateagencies(existing):environment #greatlakes #andenergy
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Bill Summary · HB 5788

HB 5788 (2025-2026 Session) — Environmental protection: landfills; public comment during landfill expansion and construction; allow

Overview
- Jurisdiction: Michigan
- Purpose: Amend the Natural Resources and Environmental Protection Act to strengthen public involvement and procedural protections in the permitting process for solid waste facilities, including landfills, expansions, and modifications.

Key Provisions and Changes
- Permit processing timeline (Section 1307)
- The department must approve or deny a permit by an initial processing deadline.
- If requested, the permit applicant may extend the processing period by up to 120 days. Extensions beyond 120 days may be allowed, but the total processing period cannot extend beyond one year after the application period ends.
- If a petition is filed under section 1315(1), the processing period is tolled from filing until a director’s decision under section 1315(6). The department cannot decide on the permit until after that director’s decision.
- Written decisions must be based on evidence meeting standards and include written findings of fact.
- Permits may be granted with conditions or modifications to ensure compliance with applicable parts of the act.
- A denial or modified approval must be justified by specified factors, including public health and environmental impacts, and the department may require mitigation.
- If the department fails to meet processing requirements, penalties include a 15% payment to the applicant of fees or the first periodic charge, with additional procedural protections and public notice requirements.
- Public notice, comment, and hearing requirements apply when not already triggered by other provisions, including a minimum 30-day comment period and 30-day notice before hearings. An explicit responsiveness summary must address substantive public comments, and records of commenters and issues must be maintained.

  • Public participation and local input (Section 1307)

    • The department must consider:
    • Local government resolutions, policies, or rules (without granting veto authority).
    • Public comments, petitions, and hearing testimony from local governments.
    • Potential disproportionate environmental or public health impacts on nearby communities, defined via reliable data and studies.
    • Consistency with public health, safety, welfare, and the environment.
    • Potential significant adverse impacts and cumulative environmental impacts.
    • Proximity to sensitive receptors (e.g., child care, hospitals, residential areas, water bodies, drinking water sources).
    • The department may deny or condition approvals based on these factors and may require mitigation.
    • Administrative requirements for decisions apply, including written findings, evidence, and reliance on scientific principles.

  • Operating licenses for facilities (Section 11125)

    • Upon receipt of an operating license application, the department must notify relevant local and state entities and review plans for compliance with the part and rules, with a focus on air, water, waste, hydrogeology, and disclosure statements.
    • Public hearing must be held within 60 days of receipt; final license decision due within 140 days after a complete application, with potential extension if a federal program (hazardous waste under 3006 SWDA) authorizes an extension for public participation.
    • Local ordinances cannot prohibit licensed facilities; ongoing disclosures (including changes) must be updated within 30 days.
    • Departmental factors for licensing are similar to those for permits (local government input, public comments, disproportionate impact, consistency with health and environment, cumulative impacts, proximity to sensitive receptors).
    • Denials or required mitigations may be imposed for these factors; post-construction reporting and certifications are required, including updated disclosures, construction certifications, professional engineer certifications, deviation reporting, and proof of financial responsibility.
    • Public notice, comment periods, and hearings are required for license decisions, with responsiveness summaries and public records maintained.

Affected Parties
- Applicants seeking permits or operating licenses for landfills, treatment, storage, or disposal facilities.
- Local units of government (advisory role, not veto).
- Nearby communities, particularly those with sensitive receptors or disproportionate environmental burdens.
- State agencies and departments overseeing environmental, land, water, and public health concerns.

Timeline and Process
- Public notice and a minimum 30-day public comment period for new permits and licenses.
- Hearings scheduled with specified minimum notice.
- Deadlines for final decisions: permits upon processing, licenses within 140 days after a complete application (extendable in certain federal contexts).
- Provisions for backlogs, backstop payments, and periodic reporting of department performance to legislative appropriations committees.

Note: This summary focuses on the substantive provisions and their potential impact on permitting, public involvement, and oversight of landfill-related activities.

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

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