HOUSE BILL No. 5553


     April 11, 2000, Introduced by Rep. Clarke and referred to the Committee on Local Government and Urban Policy.


        A bill to amend 1941 PA 207, entitled

   "Fire prevention code,"

   by amending sections 5d and 31 (MCL 29.5d and 29.31), as amended

   by 1996 PA 152.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 5d.  (1) The certificates specified in section 5c shall

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      be issued every 3 years by the state fire marshal after the state

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      fire marshal determines by an inspection that the firm location

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      is in satisfactory compliance with this act.  The board may

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      authorize a firm specified in section 5c to conduct inspections

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      required in this section after application to the state fire

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      marshal and payment of an annual fee of $1,000.00.  Upon annual

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      determination by the state fire marshal that the firm is in

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      satisfactory compliance with this act, the state fire marshal may

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      recommend to the board that the authorization be given.  This


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      authorization may be revoked by the board for cause.  Firms

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      authorized to conduct inspections required in this section shall

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      be exempt from the fees provided in subsection (2).  The state

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      fire marshal may review procedures utilized by the firm to assure

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      compliance with this act.

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           (2) Each firm required to be certified under section 5c

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      shall submit an installation application to the state fire

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      marshal according to rules promulgated under this act.  Each firm

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      shall pay a fee of $203.00 per tank.  This fee shall be submitted

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      with the installation application to the state fire marshal.  The

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      state fire marshal shall not approve an installation application

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      unless this fee has been paid as required in this subsection.

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      Payment of this fee shall waive the first annual storage tank fee

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      required in this subsection.  The owner of a firm specified in

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      section 5c shall pay an annual fee of $61.50 for each tank

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      located at each storage or filling location specified in section

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      5c.  Fees required by this subsection shall be paid before the

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      issuance of a certificate when storage tanks operated by firms

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      described in section 5c are used and until such tanks are closed

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      or removed, and notification of the closure or removal is

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      received by the state fire marshal.  Owners of firms described in

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      section 5c shall notify the state fire marshal of the closure or

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      removal of storage tanks within 30 days after closure or removal

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      on a form provided by the state fire marshal.  Storage tanks that

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      receive crude petroleum directly from a wellhead are exempt from

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      fees under this section.





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            (3) Beginning October 1, 1990, a local unit of government

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      shall not enact or enforce a provision of an ordinance that

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      requires a permit, license, approval, inspection, or the payment

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      of a fee or tax for the installation, use, closure, or removal of

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      an aboveground storage tank system. 

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           (3)  (4)  The fees specified in subsection (2) shall be col-

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      lected and deposited into the hazardous materials storage tank

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      regulatory enforcement fund created in subsection  (5)  (4).

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           (4)  (5)  The hazardous materials storage tank regulatory

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      enforcement fund is created in the state treasury.  The fund may

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      receive money as provided in this act and as otherwise provided

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      by law.  The state treasurer shall direct the investment of the

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      fund.  Interest and earnings of the fund shall be credited to the

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      fund.  Money in the fund at the close of the fiscal year shall

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      remain in the fund and shall not revert to the general fund.

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      Money in the fund shall be used only by the department to enforce

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      this act and the rules promulgated under this act pertaining to

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      the delivery, dispensing, noncommercial transportation, or stor-

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      age of hazardous materials.  If at the close of any fiscal year

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      the amount of money in the fund exceeds $1,000,000.00, the

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      department shall not collect a fee for the following year for the

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      fund from existing storage tank systems.  After the fee has been

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      suspended under this subsection, it shall only be reinstated if

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      at the close of any succeeding fiscal year, the amount of money

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      in the fund is less than $250,000.00.  The department of treasury

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      shall, before November 1 of each year, notify the department of





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      the balance in the fund at the close of the preceding fiscal

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      year.

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           Sec. 31.  (1) A township, city, village, or county shall

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      not adopt or enforce an ordinance or resolution that is inconsis-

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      tent with this act or any rule promulgated under this act. 

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           (1)  (2)  A state agency shall not promulgate rules incon-

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      sistent with this act.  This subsection does not apply to the

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      motor carrier safety act of 1963,  Act No. 181 of the Public Acts

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      of 1963, being sections 480.11 to 480.21 of the Michigan Compiled

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      Laws  1963 PA 181, MCL 480.11 TO 480.22, or rules promulgated

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      under that act by the motor carrier division of the department of

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      state police.

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           (2)  (3)  As used in this section, "inconsistent" means a

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      rule or ordinance that is more permissive OR RESTRICTIVE than the

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      provisions of this act;  , or is more restrictive, or  requires

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      more action, equipment, or permits;  ,  or prevents or obstructs

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      compliance with the provisions of this act.























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