November 8, 2007, Introduced by Rep. Bennett and referred to the Committee on Appropriations.
A bill to amend 1978 PA 59, entitled
"Condominium act,"
by amending section 71a (MCL 559.171a), as added by 1983 PA 113.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
71a. (1) The rules of the department of public health
environmental quality relating to suitability of soils and
groundwater
supply for subdivisions not served by public water and
or public sewers shall apply to a condominium project not served by
public
water and or public sewers.
(2)
If public water and or public sewers are not available and
accessible to the land proposed to be included in a project, a
developer shall submit 3 copies of the condominium subdivision plan
to
the department of public health. The department of public health
shall
transmit these copies environmental
quality or to a local
health department that elects to maintain jurisdiction over the
approval or rejection of the plan pursuant to subsection (3).
(3) Not later than 30 days after receipt of the condominium
subdivision
plan, the state department of public health
environmental quality or, if the local health department elects to
maintain jurisdiction over approval or rejection of the plan, the
local health department shall approve the plan and note its
approval on the copy to be returned to the developer or reject all
or such portion of the plan that is not suitable. If the plan is
rejected, the department rejecting the plan shall notify the
developer and the governing body in writing of the reasons for
rejection
of the plan and the requirements for approval.
(4) The plan submittal to the department of environmental
quality or to a local health department under this section shall be
accompanied by a filing fee of $300.00 plus $20.00 for each
condominium unit. The filing fee shall be payable to the local
health department if the plan is submitted to the local health
department or to the state of Michigan if the plan is submitted to
the department of environmental quality. Filing fees received by a
local health department shall be forwarded to the department of
environmental quality not more than 90 days following the date of
plan submittal to the local health department.
(5) The department of environmental quality shall forward
filing fees collected under this section to the state treasurer for
deposit into the on-site wastewater treatment program fund created
in section 5003 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.5003.
(6) The department shall annually adjust the fees under
subsection (4) by an amount determined by the state treasurer to
reflect the cumulative annual percentage change in the Detroit
consumer price index, rounded to the nearest dollar.
(7) As used in this section, "Detroit consumer price index"
means the most comprehensive index of consumer prices available for
the Detroit area from the United States department of labor, bureau
of labor statistics.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5450(request no.
02661'07) of the 94th Legislature is enacted into law.