HB-4721, As Passed House, May 15, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4721

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 20129a (MCL 324.20129a), as amended by 2005 PA

42.

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 to

the petition all of the following:

     (a) The baseline environmental assessment.

     (b) A detailed description of the proposed use of the

facility.

     (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.

     (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 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, 2007 2017, 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.