reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 18 - Surprise Medical Billing (333.24501...333.24517) › Section 333.24503 - Definitions; L to N.

333.24503 Definitions; L to N.
Sec. 24503.
(1) "Local unit of government" means that term as defined in section 1 of 2006 PA 495, MCL 550.1951.
(2) "Nonemergency patient" means an individual whose physical or mental condition is such that the individual may reasonably be suspected of not being in imminent danger of loss of life or of significant health impairment.
(3) "Nonparticipating health facility" means a health facility that is not a participating health facility.
(4) "Nonparticipating provider" means a provider who is not a participating provider.
History:
Add. 2020, Act 234, Imd. Eff. Oct. 22, 2020
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 18 - Surprise Medical Billing (333.24501...333.24517) › Section 333.24504 - Definitions; P.

333.24504 Definitions; P.
Sec. 24504.
(1) "Participating health facility" means a health facility that, under contract with a carrier, or with the carrier's contractor or subcontractor, agrees to provide health care services to individuals who are covered by health benefit plans issued or administered by the carrier and to accept payment by the carrier, contractor, or subcontractor for the services covered by the health benefit plans as payment in full, other than coinsurance, copayments, or deductibles.
(2) "Participating provider" means a provider who, under contract with a carrier, or with the carrier's contractor or subcontractor, agrees to provide health care services to individuals who are covered by health benefit plans issued or administered by the carrier and to accept payment by the carrier, contractor, or subcontractor for the services covered by the health benefit plans as payment in full, other than coinsurance, copayments, or deductibles.
(3) "Patient's representative" means any of the following:
(a) A person to whom a nonemergency patient has given express written consent to represent the patient.
(b) A person authorized by law to provide consent for a nonemergency patient.
(c) A provider who is treating a nonemergency patient, but only if the patient is unable to provide consent.
(4) "Provider" means an individual who is licensed, registered, or otherwise authorized to engage in a health profession under article 15, but does not include a dentist licensed under part 166.
History:
Add. 2020, Act 234, Imd. Eff. Oct. 22, 2020
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 18 - Surprise Medical Billing (333.24501...333.24517) › Section 333.24507 - Nonparticipating Provider; Emergency Patient; Limitation on Charges; Payment in Full.

333.24507 Nonparticipating provider; emergency patient; limitation on charges; payment in full.
Sec. 24507.
(1) Subsection (2) applies to a nonparticipating provider who is providing a health care service if any of the following apply:
(a) The health care service is provided to an emergency patient, is covered by the emergency patient's health benefit plan, and is provided to the emergency patient by the nonparticipating provider at a participating health facility or nonparticipating health facility.
(b) All of the following apply:
(i) The health care service is provided to a nonemergency patient.
(ii) The health care service is covered by the nonemergency patient's health benefit plan.
(iii) The health care service is provided to the nonemergency patient by the nonparticipating provider at a participating health facility.
(iv) Either of the following:
(A) The nonemergency patient does not have the ability or opportunity to choose a participating provider.
(B) The nonemergency patient has not been provided the disclosure required under section 24509.
(c) The health care service is provided by the nonparticipating provider at a hospital that is a participating health facility to an emergency patient who was admitted to the hospital within 72 hours after receiving a health care service in the hospital's emergency room.
(2) Except as otherwise provided in section 24511 or 24513 and subject to subsection (4), if any of the circumstances described in subsection (1) apply, the nonparticipating provider shall submit a claim to the patient's carrier within 60 days after the date of the health care service and shall accept from the patient's carrier, as payment in full, the greater of the following:
(a) Subject to section 24510, the median amount negotiated by the patient's carrier for the region and provider specialty, excluding any in-network coinsurance, copayments, or deductibles. The patient's carrier shall determine the region and provider specialty for purposes of this subdivision.
(b) One hundred and fifty percent of the Medicare fee for service fee schedule for the health care service provided, excluding any in-network coinsurance, copayments, or deductibles.
(3) If the circumstance described in subsection (1)(c) applies, this section applies to any health care service provided by a nonparticipating provider to the emergency patient during his or her hospital stay.
(4) A patient's carrier shall pay the amount described in subsection (2) to the nonparticipating provider within 60 days after receiving the claim from the nonparticipating provider under subsection (2). The nonparticipating provider shall not collect or attempt to collect from the patient any amount other than the applicable in-network coinsurance, copayment, or deductible.
History:
Add. 2020, Act 234, Imd. Eff. Oct. 22, 2020
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 18 - Surprise Medical Billing (333.24501...333.24517) › Section 333.24510 - Request for Review of Calculation of Charges; Treatment of Data, Documents, Materials and Other Information.

333.24510 Request for review of calculation of charges; treatment of data, documents, materials and other information.
Sec. 24510.
(1) Beginning July 1, 2021, if a nonparticipating provider believes that the amount described in section 24507(2)(a) or 24509(5)(a) was incorrectly calculated, the nonparticipating provider may make a request to the department for a review of the calculation. The request must be made on a form and in a manner required by the department.
(2) The department may request data on the median amount negotiated by the patient's carrier with participating providers or any documents, materials, or other information that the department believes is necessary to assist the department in reviewing the calculation described in subsection (1) and may consult an external database that contains the negotiated rates under the patient's health benefit plan for the applicable health care service. For purposes of conducting a review under this section, any data, documents, materials, or other information requested by the department must only be submitted to the department.
(3) If, after conducting its review under this section, the department determines that the amount described in section 24507(2)(a) or 24509(5)(a) was incorrectly calculated, the department shall determine the correct amount. A nonparticipating provider shall not file a subsequent request for a review under subsection (1) if the request involves the same rate calculation for a health care service for which the nonparticipating provider has previously received a determination from the department under this section.
(4) All of the following apply to any data, documents, materials, or other information described in subsection (2) that are in the possession or control of the department and that are obtained by, created by, or disclosed to the director or a department employee for purposes of this section:
(a) The data, documents, materials, or other information is considered proprietary and to contain trade secrets.
(b) The data, documents, materials, or other information are confidential and privileged and are not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(c) The data, documents, materials, or other information are not subject to subpoena and are not subject to discovery or admissible in evidence in any private civil action.
(5) The director or a department employee who receives data, documents, materials, or other information under this section shall not testify in any private civil action concerning the data, documents, materials, or information.
History:
Add. 2020, Act 234, Imd. Eff. Oct. 22, 2020
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 18 - Surprise Medical Billing (333.24501...333.24517) › Section 333.24513 - Nonparticipating Provider and Carrier Payment Agreement; Limitation.

333.24513 Nonparticipating provider and carrier payment agreement; limitation.
Sec. 24513.
This article does not prohibit a nonparticipating provider and a carrier from agreeing, through private negotiations or an internal dispute resolution process, to a payment amount that is greater than the amounts described in section 24507(2) or 24509(5). A nonparticipating provider entering into an agreement authorized under this section shall not collect or attempt to collect from the patient any amount other than the applicable in-network coinsurance, copayment, or deductible.
History:
Add. 2020, Act 234, Imd. Eff. Oct. 22, 2020
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 18 - Surprise Medical Billing (333.24501...333.24517) › Section 333.24515 - Annual Report.

333.24515 Annual report.
Sec. 24515.
(1) Subject to subsection (3), the department shall prepare an annual report that, except as otherwise provided in subsection (2), includes, but is not limited to, the following information for the immediately preceding calendar year:
(a) The number of out-of-network billing complaints received by the department from enrollees or their authorized representatives.
(b) The number of complaints received by the department from enrollees or their authorized representatives, separated by provider specialty.
(c) For each health plan, the ratio of out-of-network billing complaints to the total number of enrollees in the health plan.
(d) Carrier network adequacy by provider specialty.
(e) The number of requests made to the department under section 24510(1).
(f) The number of requests for binding arbitration filed under section 24511(3).
(2) The department shall not consider insurance rates when preparing the report required under this section.
(3) By July 1 of the year following the year of the effective date of the amendatory act that added this article, and by every July 1 thereafter, the department shall prepare the report required under this section and provide the report to the senate and house of representatives standing committees on health policy and insurance. The department shall also post the report on the department's website.
History:
Add. 2020, Act 234, Imd. Eff. Oct. 22, 2020
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 18 - Surprise Medical Billing (333.24501...333.24517) › Section 333.24517 - Rules.

333.24517 Rules.
Sec. 24517.
The department may promulgate rules to implement sections 24510 and 24511. However, the department or another department of this state shall not promulgate rules to implement any other section in this article.
History:
Add. 2020, Act 234, Imd. Eff. Oct. 22, 2020
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 19 - Repeals, Savings Clauses, and Effective Dates (333.25101...333.25211) › 368-1978-19-251 - Part 251 Repeals (333.25101...333.25109) › Section 333.25103 - Repeal of MCL 125.401 to 125.543; Time.

333.25103 Repeal of MCL 125.401 to 125.543; time.
Sec. 25103.
Act No. 167 of the Public Acts of 1917, as amended, being sections 125.401 to 125.543 of the Compiled Laws of 1970, is repealed when all or the principal part of the rules promulgated under section 12211 take effect.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
Sec. 12211, which authorized the promulgation of rules on minimum housing standards, was repealed by Act 431 of 1980, Eff. Mar. 31, 1981, prior to the promulgation of any rules.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 19 - Repeals, Savings Clauses, and Effective Dates (333.25101...333.25211) › 368-1978-19-251 - Part 251 Repeals (333.25101...333.25109) › Section 333.25105 - Repeal of MCL 325.901 to 325.947; Time.

333.25105 Repeal of MCL 325.901 to 325.947; time.
Sec. 25105.
Act No. 264 of the Public Acts of 1974, being sections 325.901 to 325.947 of the Compiled Laws of 1970, is repealed 1 year after the date set forth in section 25211.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 19 - Repeals, Savings Clauses, and Effective Dates (333.25101...333.25211) › 368-1978-19-251 - Part 251 Repeals (333.25101...333.25109) › Section 333.25107 - Repeal of MCL 722.230; Time.

333.25107 Repeal of MCL 722.230; time.
Sec. 25107.
Section 30 of Act No. 158 of the Public Acts of 1937, being section 722.230 of the Compiled Laws of 1970, is repealed 2 years after the effective date set forth in section 25211.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 19 - Repeals, Savings Clauses, and Effective Dates (333.25101...333.25211) › 368-1978-19-251 - Part 251 Repeals (333.25101...333.25109) › Section 333.25109 - Repeal of MCL 338.209a; Effective Date of Section.

333.25109 Repeal of MCL 338.209a; effective date of section.
Sec. 25109.
(1) Section 9a of Act No. 122 of the Public Acts of 1939, being section 338.209a of the Compiled Laws of 1970, is repealed.
(2) This section shall not take effect until rules regulating the practice of a dental assistant under part 166 are promulgated.
History:
1978, Act 368, Eff. July 3, 1984
Compiler's Notes:
R 338.11401 et seq. of the Michigan Administrative Code, regulating the practice of a dental assistant, were promulgated on July 3, 1984.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 19 - Repeals, Savings Clauses, and Effective Dates (333.25101...333.25211) › 368-1978-19-252 - Part 252 Savings Clauses and Effective Dates (333.25201...333.25211) › Section 333.25201 - Continuation of Statutory Provisions and Rules; Submission of Proposed Rules to Public Hearing; Nomination and Appointment of Agency Members.

333.25201 Continuation of statutory provisions and rules; submission of proposed rules to public hearing; nomination and appointment of agency members.
Sec. 25201.
(1) Where a section of this code authorizes or directs the promulgation of rules, including rules fixing fees, but rules dealing with the subject matter do not exist when the section takes effect, a statutory provision covering the matter, which is repealed by this code, shall nevertheless continue in effect until rules covering the matter take effect or for 3 years, whichever is sooner.
(2) Rules in effect on the effective date of this code shall continue to the extent that they do not conflict with this code, and shall be considered as rules promulgated under this code.
(3) An agency which is required to promulgate rules under this code shall submit the proposed rules to public hearing within 2 years after the effective date of this code.
(4) Rules and regulations adopted by a district or county board of health which are in effect on the effective date prescribed in section 25211 continue to the extent that they do not conflict with this code, and are considered as local health department regulations promulgated under this code.
(5) On the date this code is enacted into law procedures for the nomination and appointment of members of agencies created or continued by this code may be commenced, but the appointments shall not take effect before the effective date of the section providing for the appointment.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 19 - Repeals, Savings Clauses, and Effective Dates (333.25101...333.25211) › 368-1978-19-252 - Part 252 Savings Clauses and Effective Dates (333.25201...333.25211) › Section 333.25205 - Section 8.4a Inapplicable to Code; Action or Other Proceeding Not Abated.

333.25205 Section 8.4a inapplicable to code; action or other proceeding not abated.
Sec. 25205.
Section 4a of chapter 1 of the Revised Statutes of 1846, being section 8.4a of the Michigan Compiled Laws, is applicable to this code. In addition, an action or other proceeding lawfully commenced by or against an agency or an officer of this state, in his or her official capacity in relation to the discharge of official duties, including a proceeding against a licensee, registrant, or permittee, does not abate because the agency or officer is superseded by another agency or office created by this code. The court may allow the action or other proceeding to be maintained by or against the successor of the agency or officer.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 19 - Repeals, Savings Clauses, and Effective Dates (333.25101...333.25211) › 368-1978-19-252 - Part 252 Savings Clauses and Effective Dates (333.25201...333.25211) › Section 333.25211 - Effective Date of Code; Exceptions; Promulgation of Rules Authorized by Code.

333.25211 Effective date of code; exceptions; promulgation of rules authorized by code.
Sec. 25211.
(1) Except as specific provisions of this code may provide otherwise, this code takes effect on September 30, 1978.
(2) On the date this code is enacted into law, procedures and actions required for the rule-making process pursuant to the administrative procedures act of 1969 may be commenced, but the rules authorized by this code shall not be promulgated until on or after the effective date set forth in subsection (1) or the effective date applicable to the section of this code under which the rules are promulgated.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 286 of 2023 - Reproductive Health Act (333.26101.new - 333.26107.new) › Section 333.26101.new - Definitions.

***** 333.26101.new THIS NEW SECTION IS EFFECTIVE FEBRUARY 13, 2024 *****
333.26101.new Definitions.
Sec. 1.
As used in this act:
(a) A state interest is "compelling" as that term is described in section 28 of article I of the state constitution of 1963.
(b) "Fetal viability" means that term as defined in section 28 of article I of the state constitution of 1963.
(c) "Governmental entity" means any of the following:
(i) This state and its agencies, departments, commissions, courts, boards, councils, and statutorily created task forces.
(ii) A county, city, village, township, school district, or other political subdivision of this state.
(iii) An agency, department, court, board, commission, or council of a political subdivision described in subparagraph (ii).
(iv) An official of any of the entities described in subparagraph (i), (ii), or (iii).
History:
2023, Act 286, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 286 of 2023 - Reproductive Health Act (333.26101.new - 333.26107.new) › Section 333.26103.new - Constitutional Right to Reproductive Freedom.

***** 333.26103.new THIS NEW SECTION IS EFFECTIVE FEBRUARY 13, 2024 *****
333.26103.new Constitutional right to reproductive freedom.
Sec. 3.
(1) As provided in section 28 of article I of the state constitution of 1963, the following apply in this state:
(a) Every individual has a fundamental right to reproductive freedom, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including, but not limited to, prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care.
(b) An individual's right to reproductive freedom shall not be denied, burdened, nor infringed upon unless justified by a compelling state interest achieved by the least restrictive means.
(c) Notwithstanding the above, the state may regulate the provision of abortion care after fetal viability, provided that in no circumstance shall the state prohibit an abortion that, in the professional judgment of an attending health care professional, is medically indicated to protect the life or physical or mental health of the pregnant individual.
(d) The state shall not penalize, prosecute, or otherwise take adverse action against an individual based on their actual, potential, perceived, or alleged pregnancy outcomes, including, but not limited to, miscarriage, stillbirth, or abortion. Nor shall the state penalize, prosecute, or otherwise take adverse action against someone for aiding or assisting a pregnant individual in exercising their right to reproductive freedom with their voluntary consent.
(2) In determining whether an abortion is medically indicated to protect the life or physical or mental health of a pregnant individual under subsection (1)(c), the attending health care professional may consider any factor that the attending health care professional considers relevant to the well-being of the pregnant individual, including, but not limited to, the pregnant individual's age and physical, emotional, psychological, and familial considerations.
History:
2023, Act 286, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 286 of 2023 - Reproductive Health Act (333.26101.new - 333.26107.new) › Section 333.26105.new - Violation of Constitutional Right to Reproductive Freedom; Civil Action; Costs and Attorney Fees.

***** 333.26105.new THIS NEW SECTION IS EFFECTIVE FEBRUARY 13, 2024 *****
333.26105.new Violation of constitutional right to reproductive freedom; civil action; costs and attorney fees.
Sec. 5.
(1) An individual or entity, or the individual's or entity's legal representative, who alleges a violation of the individual's or entity's rights under section 28 of article I of the state constitution of 1963 or section 3 by a governmental entity may bring a civil action for injunctive relief, damages, or any other appropriate remedy, in the appropriate state or federal court.
(2) The attorney general may enforce section 3 through a civil action for injunctive relief, damages, or any other appropriate remedy.
(3) A court shall award reasonable costs and attorney fees to a plaintiff who prevails in an action brought under this section.
History:
2023, Act 286, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 286 of 2023 - Reproductive Health Act (333.26101.new - 333.26107.new) › Section 333.26107.new - Governmental Entity Violation of Constitutional Right to Reproductive Freedom; Prohibition.

***** 333.26107.new THIS NEW SECTION IS EFFECTIVE FEBRUARY 13, 2024 *****
333.26107.new Governmental entity violation of constitutional right to reproductive freedom; prohibition.
Sec. 7.
A governmental entity shall not violate section 28 of article I of the state constitution of 1963.
History:
2023, Act 286, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 204 of 1987 - Low-Level Radioactive Waste Authority Act (333.26201 - 333.26226) › Section 333.26201 - Short Title.

333.26201 Short title.
Sec. 1.
This act shall be known and may be cited as the "low-level radioactive waste authority act".
History:
1987, Act 204, Imd. Eff. Dec. 22, 1987
Compiler's Notes:
For abolition of the Department of Natural Resources and transfer of its powers, duties, and functions of the Director of the Department of Natural Resources, the Natural Resources Commission, and agencies, boards and commissions contained in the department, including the functions of budget, procurement, and management-related functions to the new Department of Natural Resources, with the exception that the power to designate a member of the commission is vested in the Governor, see E.R.O. No. 1991-22 compiled at MCL 299.13 of the Michigan Compiled Laws.For transfer of powers and duties of the Low-Level Radioactive Waste Authority from the Department of Management and Budget to the Director of the Department of Commerce, see E.R.O. No. 1991-23, compiled MCL 332.26251 of the Michigan Compiled Laws.For transfer of powers and duties of the low-level radioactive waste authority from the department of commerce to the Michigan department of environmental quality, see E.R.O. No. 1996-2, compiled at MCL 445.2001 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 204 of 1987 - Low-Level Radioactive Waste Authority Act (333.26201 - 333.26226) › Section 333.26203 - Low-Level Radioactive Waste Authority; Creation; Autonomous Entity; Commissioner as Head of Authority; Appointment, Qualifications, and Term of Commissioner; Vacancy; Salary; Exemption From Civil Service; Employment of Personnel.

333.26203 Low-level radioactive waste authority; creation; autonomous entity; commissioner as head of authority; appointment, qualifications, and term of commissioner; vacancy; salary; exemption from civil service; employment of personnel.
Sec. 3.
(1) An authority is created to be known as the low-level radioactive waste authority. The authority is an autonomous entity within the department of commerce. The authority shall exercise its powers and duties independently of the department of commerce, including the budgeting, procurement, contracting for, and actual purchase of all equipment, supplies, and services of whatever kind necessary to implement this act.
(2) The head of the authority is the commissioner who shall be qualified by training and experience to direct the work of the authority. The commissioner shall be appointed by the governor, by and with the advice and consent of the senate, and shall serve a 2-year term at the pleasure of the governor. A vacancy occurring in the office of the commissioner shall be filled in the same manner as the original appointment. The commissioner shall receive a salary as provided by annual appropriation by the legislature from the low-level radioactive waste management fund.
(3) The commissioner is exempt from civil service. The commissioner is responsible directly to the governor to ensure the accountability and integrity of the authority and accordingly should be a position within the department of commerce that is exempt from the classified state civil service. The department of commerce shall request that the civil service commission establish the commissioner's position as a position that is exempt from the classified state civil service.
(4) The commissioner shall employ personnel as necessary to implement this act.
History:
1987, Act 204, Imd. Eff. Dec. 22, 1987 ;-- Am. 1994, Act 434, Imd. Eff. Jan. 6, 1995
Compiler's Notes:
For transfer of low-level radioactive waste authority from department of environmental quality to department of natural resources and environment, see E.R.O. No. 2009-31, compiled at MCL 324.99919.For transfer of powers and duties of commissioner of low-level radioactive waste authority to department of natural resources and environment by type III transfer, see E.R.O. No. 2009-31, compiled at MCL 324.99919.For transfer of low-level radioactive waste authority from department of natural resources and environment to department of environmental quality, see E.R.O. No. 2011-1, compiled at MCL 324.99921.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 204 of 1987 - Low-Level Radioactive Waste Authority Act (333.26201 - 333.26226) › Section 333.26204 - Powers of Authority Generally.

333.26204 Powers of authority generally.
Sec. 4.
In addition to the powers provided in this act and part 137, subject to other applicable requirements of law, the powers of the authority include all of the following:
(a) Hold public meetings in compliance with the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws.
(b) Accept assistance from public agencies, colleges and universities, private foundations, individuals, corporations, or associations.
(c) Accept and utilize a donation, loan, grant, or reimbursement of money to obtain equipment, supplies, materials, or services from any state or the United States or an agency or a political subdivision of the state or the United States, or from any person. The nature, amount, and conditions, if any, attached to a donation, loan, or grant accepted pursuant to this subdivision, together with the identity of the donor, grantor, or lender, is public information. A donor, lender, or grantor shall not derive any advantage in any matter under this act, part 137, rules promulgated under part 137, or federal law by reason of a donation, loan, or grant. The authority shall forward money obtained under this subdivision to the state treasurer for deposit in the low-level radioactive waste management fund.
(d) Form 1 or more advisory committees as considered appropriate to make recommendations to the authority regarding the performance of 1 or more of the responsibilities of the authority.
(e) Exercise the power of eminent domain under the uniform condemnation procedures act, Act No. 87 of the Public Acts of 1980, being sections 213.51 to 213.77 of the Michigan Compiled Laws.
(f) Perform other functions considered necessary to implement this act.
(g) Establish and use a computer system to maintain, receive, or transmit any of the following:
(i) A manifest, report, or other record required by this act, or part 137, or the rules promulgated under part 137.
(ii) A disposal shipment certificate.
(iii) The application, or a portion of the application, for a construction and operating license for the disposal site.
(iv) Information the authority is required to provide to the public under this act.
(h) Issue revenue bonds pursuant to section 20a.
(i) Negotiate, create legal mechanisms for the state or private waste generators, or both, or enter into relationships with out-of-state entities for the out-of-state disposal of low-level radioactive waste generated in this state. However, prior to entering into a contractual relationship obligating the state, the authority in addition to other requirements of law shall first submit the proposed contract to the attorney general for review.
History:
1987, Act 204, Imd. Eff. Dec. 22, 1987 ;-- Am. 1994, Act 434, Imd. Eff. Jan. 6, 1995
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 204 of 1987 - Low-Level Radioactive Waste Authority Act (333.26201 - 333.26226) › Section 333.26206 - Application for Construction and Operating License; Agreements or Contracts With Person to Perform Responsibility of Authority; Notice; Public Comment; Forwarding Copy of Contract.

333.26206 Application for construction and operating license; agreements or contracts with person to perform responsibility of authority; notice; public comment; forwarding copy of contract.
Sec. 6.
(1) The authority shall submit an application to the department for a construction and operating license pursuant to the requirements of part 137. If this state is not a full agreement state, the authority shall also apply to the nuclear regulatory commission for a construction and operating license.
(2) If the authority elects to enter into agreements or contracts with a person to perform a responsibility of the authority, the authority shall do all of the following:
(a) Establish minimum qualifications for the person.
(b) Establish the responsibilities of the person and specify the responsibilities that the authority retains.
(c) Determine whether the person is required to obtain a surety bond, a secured trust fund, or other suitable security instrument or mechanism.
(d) Comply with all the requirements in part 137 and the rules promulgated under part 137.
(3) If the authority elects to enter into a contract to prepare an application for a construction and operating license for the disposal site or for the operation of the disposal site, in addition to the requirements under subsection (2), the authority shall provide public notice and an opportunity for public comment on the minimum qualifications required of the person. The authority shall forward a copy of each contract entered into by the authority to perform a responsibility of the authority to the department, the department of natural resources, and the attorney general.
History:
1987, Act 204, Imd. Eff. Dec. 22, 1987 ;-- Am. 1994, Act 434, Imd. Eff. Jan. 6, 1995
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 204 of 1987 - Low-Level Radioactive Waste Authority Act (333.26201 - 333.26226) › Section 333.26207 - Establishment of Process Permitting Municipality to Volunteer as Host Site; Minimum Requirement; Notice; Powers and Duties of Authority; Construction of Section.

333.26207 Establishment of process permitting municipality to volunteer as host site; minimum requirement; notice; powers and duties of authority; construction of section.
Sec. 7.
(1) Within 60 days of the effective date of this act, the authority shall establish a process by which a municipality may volunteer to be the host site. At a minimum, the process shall require that in order for a municipality to be considered a volunteer host site community there shall be a majority vote of the governing body of the municipality requesting such consideration.
(2) If the authority receives notice that a governing body of a municipality volunteers as a host site community, the authority shall do both of the following:
(a) Provide the municipality with information about the siting process, including relevant federal and state laws pertaining to the generation, transportation, storage, collection, processing, and disposal of waste.
(b) Provide the municipality with specific criteria and information that the authority must consider with regard to candidate site and host site selection.
(3) If the authority receives notice that a governing body of a municipality volunteers as a host site community, the authority may do 1 or both of the following:
(a) Upon the request of that municipality, provide funding to the municipality in an amount determined by the authority to cover the expense of preparing data that the municipality may wish to submit for the consideration of the authority regarding the selection of the municipality as the host site community.
(b) Provide the municipality with other services or information considered appropriate by the authority.
(4) This section shall not be construed as eliminating or reducing any of the requirements for site selection provided for in this act.
History:
1987, Act 204, Imd. Eff. Dec. 22, 1987
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 204 of 1987 - Low-Level Radioactive Waste Authority Act (333.26201 - 333.26226) › Section 333.26209 - Final Siting Criteria; Establishment; Review and Consideration of Proposed Siting Criteria; Draft Version; Public Hearing.

333.26209 Final siting criteria; establishment; review and consideration of proposed siting criteria; draft version; public hearing.
Sec. 9.
(1) The authority shall establish final siting criteria.
(2) In establishing final siting criteria, the authority shall review and consider the proposed siting criteria that may be presented by the siting criteria advisory committee established pursuant to section 8. Thirty days before establishing final siting criteria, the authority shall prepare a draft version of the final siting criteria and shall make this draft siting criteria available for public comment. During that 30-day period, the authority shall hold a public hearing.
History:
1987, Act 204, Imd. Eff. Dec. 22, 1987 ;-- Am. 1994, Act 434, Imd. Eff. Jan. 6, 1995
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 204 of 1987 - Low-Level Radioactive Waste Authority Act (333.26201 - 333.26226) › Section 333.26210 - Final Siting Criteria; Establishment; Minimum Requirement.

333.26210 Final siting criteria; establishment; minimum requirement.
Sec. 10.
The authority shall establish final siting criteria that at a minimum excludes a candidate site that is any of the following:
(a) Located in a 500-year floodplain.
(b) Located over a sole source aquifer.
(c) Located 1 mile or less from a fault where tectonic movement has occurred within the 10,000 years preceding the effective date of this act.
(d) Not sufficiently large to assure that an isolation distance of 3,000 feet or more from the disposal unit and adjacent property lines is available.
(e) Has wetlands within the boundaries of the candidate site as defined in part 303 (wetland protection) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being sections 324.30301 to 324.30323 of the Michigan Compiled Laws.
(f) An environmental area or a high risk area as defined in part 323 (shorelands protection and management) of Act No. 451 of the Public Acts of 1994, being sections 324.32301 to 324.32315 of the Michigan Compiled Laws.
(g) A floodway designated under part 31 (water resources protection) of Act No. 451 of the Public Acts of 1994, being sections 324.3101 to 324.3119 of the Michigan Compiled Laws.
(h) Located where the hydrogeology beneath the site discharges groundwater to the land surface within 3,000 feet of the boundaries of the candidate site.
(i) Located within 10 miles of Lake Michigan, Lake Superior, Lake Huron, Lake Erie, Saint Marys river, Detroit river, St. Clair river, or lake St. Clair. This subdivision shall not apply to a site that is located at or adjacent to a nuclear power generating facility.
History:
1987, Act 204, Imd. Eff. Dec. 22, 1987 ;-- Am. 1996, Act 68, Imd. Eff. Feb. 26, 1996
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 204 of 1987 - Low-Level Radioactive Waste Authority Act (333.26201 - 333.26226) › Section 333.26212 - Site Characterization; Comprehensive Baseline Environmental Monitoring Program; Data; Access to Candidate Site.

333.26212 Site characterization; comprehensive baseline environmental monitoring program; data; access to candidate site.
Sec. 12.
(1) Immediately following designation of the candidate sites by the authority, the authority, after consultation with the department and the department of natural resources, shall begin site characterization at each candidate site. The site characterization shall establish a comprehensive baseline environmental monitoring program at each of the candidate sites.
(2) The monitoring program at each candidate site shall provide, to the maximum extent feasible, for the participation of the local monitoring committee for each candidate site and the training of the members to facilitate their participation. The program shall be designed to establish baseline environmental data for at least 1 year at each candidate site, to determine compliance with the applicable final siting criteria provided for in section 10, to provide early warning of the magnitude and extent of any release, and to provide reliable environmental data to be utilized in preparing the construction and operating license submitted to the department by the authority and to be utilized in the design, construction, operation, site closure and stabilization, postclosure observation and maintenance, and institutional control of the disposal site. The monitoring program for each candidate site shall include collected and analyzed data concerning standing and running surface water and drainage; groundwater samples off-site and at the candidate site boundary; soil, vegetation, animal, and insect samples; atmospheric samples; and radiological measurements off-site, at the candidate site boundary, and within the candidate site. Each local monitoring committee shall be entitled to obtain portions of all samples collected pursuant to the monitoring program for the candidate site which that local monitoring committee represents for analysis by an independent laboratory. Each local monitoring committee is entitled to receive a copy of the results of each test prepared as a part of site characterization by any state department or agency.
(3) The authority shall provide the review board established pursuant to section 13 with 12 months of site characterization data as soon as 12 months of data for each site are available.
(4) The authority and authorized representatives of the authority and the authorized representatives of the department, the department of natural resources, and the department of agriculture shall have access to each candidate site for the purpose of conducting site characterization and performing any of the authority's responsibilities or duties provided in this act.
History:
1987, Act 204, Imd. Eff. Dec. 22, 1987 ;-- Am. 1994, Act 434, Imd. Eff. Jan. 6, 1995
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 204 of 1987 - Low-Level Radioactive Waste Authority Act (333.26201 - 333.26226) › Section 333.26215 - Preliminary Designation of Host Site; Transmittal and Availability of Information; Rejection of Site; Terms of Agreement; Design and Construction of Disposal Site; “Legislative Working Day” Defined.

333.26215 Preliminary designation of host site; transmittal and availability of information; rejection of site; terms of agreement; design and construction of disposal site; “legislative working day” defined.
Sec. 15.
(1) The commissioner shall make a preliminary designation of the host site. Immediately following the preliminary designation of the host site, the authority shall transmit to the secretary of the senate and the clerk of the house of representatives the name and location of that site and any other information that the authority has regarding that site and the 2 remaining candidate sites. Upon request, the authority shall also make any information that the authority has regarding the preliminarily designated host site and the 2 remaining candidate sites available to members of the legislature. Upon the expiration of 30 days after transmittal, that 30 days to commence on the first legislative working day after the designation is transmitted, the preliminary host site designated by the commissioner shall be the host site unless within that time period the legislature either rejects the designated host site, or rejects the designated host site and designates 1 of the 2 remaining candidate sites. If the legislature rejects the preliminarily designated host site but does not designate 1 of the 2 remaining candidate sites as the host site, the commissioner shall designate 1 of the 2 remaining candidate sites as the host site. Once the host site is designated by the commissioner, the terms of the final complete agreement reached with the authority pursuant to section 16 for the host site community shall commence.
(2) The authority shall assure that the design and construction of the disposal site is completed in accord with the minimum criteria established by the department in part 137.
(3) As used in this section, "legislative working day" means a day on which both the senate and the house of representatives are called to order and a quorum of both the senate and the house of representatives is present.
History:
1987, Act 204, Imd. Eff. Dec. 22, 1987 ;-- Am. 1994, Act 434, Imd. Eff. Jan. 6, 1995
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 204 of 1987 - Low-Level Radioactive Waste Authority Act (333.26201 - 333.26226) › Section 333.26218 - Report and Recommendations; Preparation and Submission.

333.26218 Report and recommendations; preparation and submission.
Sec. 18.
(1) The authority shall each month prepare and submit to the department a report that sets forth all of the following information:
(a) The character, volume, class, and curie count of waste received by the authority.
(b) The number of manifests and shipments of waste received by the authority during the reporting period.
(c) The number of manifests received by the authority that properly and improperly reflected the waste received.
(d) The response of the authority to any discrepancies in the manifest.
(e) The recommendation of the authority to the department for follow-up action regarding a discrepancy in a manifest or other impropriety.
(2) The authority shall prepare and submit to the department and the attorney general recommendations regarding sanctions against a generator, carrier, collector, or processor who the authority suspects has violated part 137 or a rule promulgated under that part or a permit issued under part 137.
History:
1987, Act 204, Imd. Eff. Dec. 22, 1987
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 204 of 1987 - Low-Level Radioactive Waste Authority Act (333.26201 - 333.26226) › Section 333.26218a - Report by Generator; Contents; Preparation and Presentation of Summary.

333.26218a Report by generator; contents; preparation and presentation of summary.
Sec. 18a.
(1) By October 1 of each year, or as otherwise required by the authority, a generator shall report to the authority the following information about the waste it generates:
(a) Volume of waste.
(b) Curie content and principal radionuclides present.
(c) Form of waste.
(d) Methods used to store waste.
(e) Any other information about the waste that the authority considers necessary or helpful in implementing its duties under this act.
(2) A summary of information reported under subsection (1) shall be prepared by the authority and presented to the appropriate standing committees of the senate and house of representatives of the legislature that primarily address issues pertaining to the environment and natural resources.
History:
Add. 1994, Act 434, Imd. Eff. Jan. 6, 1995
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 204 of 1987 - Low-Level Radioactive Waste Authority Act (333.26201 - 333.26226) › Section 333.26219a - Michigan as Host State; Agreement to Include Provision Providing Penalty for Default.

333.26219a Michigan as host state; agreement to include provision providing penalty for default.
Sec. 19a.
If this state enters into a compact and, pursuant to agreements entered into by the compact members, Michigan is selected as the host state for the disposal site and fulfills its obligations to serve as the host state, the contractual agreement among the compact members shall include a provision that provides a penalty if any other compact member state subsequently defaults in any respect on its obligation to serve as the host state for the disposal site. This penalty shall include at least all of the following:
(a) Exemplary damages.
(b) The costs estimated to be incurred by this state due to the default.
(c) The costs estimated to be incurred by this state due to the lost opportunity to join another compact or to have proceeded as an independent state.
(d) Other expenses and costs that this state will incur as a result of the default as determined by the authority.
History:
Add. 1994, Act 434, Imd. Eff. Jan. 6, 1995