May 11, 2005, Introduced by Reps. Kolb, Lipsey, Alma Smith, Brown, Whitmer and Cushingberry and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 20129a (MCL 324.20129a), as amended by 2004 PA
114.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20129a. (1) A person may petition the department within 6
months after completion of a baseline environmental assessment for
a determination that that person meets the requirements for an
exemption from liability under section 20126(1)(c) and, in
conjunction with that exemption, a determination that the proposed
use of the facility satisfies the person's obligations under
section 20107a. This request may be made by a prospective purchaser
or transferee prior to actual transfer of ownership or other
interest to that person or by a lender prior to foreclosure. The
request shall be submitted on a form provided by the department
along with the fee provided in subsection (4). The person
petitioning
the department under this subsection shall attach the
to the petition all of the following:
(a)
The baseline environmental assessment.
, a
(b) A detailed description of the proposed use of the
facility. ,
a
(c) A plan for any response activities that are necessary to
assure that the proposed use of the facility satisfies the
requirements of section 20107a if a determination regarding
compliance
with that section is requested. , and the
(d) The qualifications of the environmental professionals who
have made the recommendations.
(2) Within 15 business days after receipt of a petition under
subsection (1), the department shall issue a written determination
to the person submitting the petition that does either of the
following:
(a) Affirms that the criteria for obtaining the exemption have
been met and affirms that the proposed use of the facility would
satisfy
the person's obligations under section 20107a provided
that
if the person complies with the plan for the proposed
use of
the facility submitted under subsection (1).
(b) Provides that the criteria for obtaining the exemption
have
not been met , or that the proposed use of the facility does
not satisfy the person's obligation under section 20107a, the
specific reasons for the denial, and how the applicant could meet
the criteria and satisfy the person's obligations under section
20107a, if possible.
(3) A determination by the department under this section may
be conditioned on completion of response activities described in
the petition.
(4)
Until June 5, 2005 2006, a petition submitted under
subsection (1) shall be accompanied by a fee of $750.00. The
department shall deposit all fees collected under this section into
the fund. The department shall annually submit a report to the
legislature that details all of the following:
(a) The number of petitions received pursuant to this section.
(b) The average length of time which the department has taken
to issue written determinations pursuant to this section.
(c) The number of times in which written determinations were
not issued within the required time period.
(d) The approximate amount of department staff time necessary
to issue a written determination under this section.
(5) A person who is provided an affirmative determination
under this section is not liable for a claim for response activity
costs, fines or penalties, natural resources damages, or equitable
relief under part 17, part 31, or common law resulting from the
contamination identified in the petition or from contamination
existing on the property on the date in which ownership or control
of the property was transferred to the person. The liability
protection afforded in this subsection does not extend to a
violation of any permit issued under state law. This subsection
does not alter a person's liability for a violation of section
20107a for a use or activity of property that is inconsistent with
the determination.