HOUSE BILL No. 4636 April 15, 1997, Introduced by Rep. Middaugh and referred to the Committee on Conservation, Environment and Recreation. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20129a (MCL 324.20129a), as added by 1995 PA 71. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 20129a. (1) A person may petition the department 2 within 6 months after completion of a baseline environmental 3 assessment for a determination that that person meets the 4 requirements for an exemption from liability under 5 section 20126(1)(c) and, in conjunction with that exemption, a 6 determination that the proposed use of the facility satisfies the 7 person's obligations under section 20107a. This request may be 8 made by a prospective purchaser or transferee prior to actual 9 transfer of ownership or other interest to that person or by a 10 lender prior to foreclosure. The request shall be submitted on a 02454'97 JCB 2 1 form provided by the department along with the fee provided in 2 subsection (4). The person petitioning the department under this 3 subsection shall attach the baseline environmental assessment, a 4 detailed description of the proposed use of the facility, a plan 5 for any response activities that are necessary to assure that the 6 proposed use of the facility satisfies the requirements of sec- 7 tion 20107a,if a determination regarding compliance with that 8 section is requested, and the qualifications of the environmental 9 professionals who have made the recommendations. 10 (2) Within 15 business days after receipt of a petition 11 under subsection (1), the department shall issue a written deter- 12 mination to the person submitting the petition which does either 13 of the following: 14 (a) Affirms that the criteria for obtaining the exemption 15 have been met and affirms that the proposed use of the facility 16 would satisfy the person's obligations under section 20107a pro- 17 vided that the person complies with the plan for the proposed use 18 of the facility submitted under subsection (1). 19 (b) Provides that the criteria for obtaining the exemption 20 have not been met, or that the proposed use of the facility does 21 not satisfy the person's obligation under section 20107a, the 22 specific reasons for the denial, and how the applicant could meet 23 the criteria and satisfy the person's obligations under 24 section 20107a, if possible. 25 (3) A determination by the department under this section may 26 be conditioned on completion of response activities described in 27 the petition. 02454'97 3 1 (4) Until2 years after the effective date of this section2 JUNE 5, 1999, a petition submitted under subsection (1) shall be 3 accompanied by a fee of $750.00. The department shall deposit 4 all fees collected under this section into the fund. Not later 5 than18 months after the effective date of this section6 DECEMBER 5, 1996, the department shall submit a report to the 7 legislature that details all of the following: 8 (a) The number of petitions received pursuant to this 9 section. 10 (b) The average length of time which the department has 11 taken to issue written determinations pursuant to this section. 12 (c) The number of times in which written determinations were 13 not issued within the required time period. 14 (d) The approximate amount of department staff time neces- 15 sary to issue a written determination under this section. 16 (5) A person who is provided an affirmative determination 17 under this section is not liable for a claim for response activ- 18 ity costs, fines or penalties, natural resources damages, or 19 equitable relief under part 17, part 31, or common law resulting 20 from the contamination identified in the petition or from contam- 21 ination existing on the property on the date in which ownership 22 or control of the property was transferred to the person. The 23 liability protection afforded in this subsection does not extend 24 to a violation of any permit issued under state law. This sub- 25 section does not alter a person's liability for a violation of 26 section 20107a for a use or activity of property that is 27 inconsistent with the determination. 02454'97