HB-5991, As Passed House, April 29, 2010

SUBSTITUTE FOR

HOUSE BILL NO. 5991

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 20107a (MCL 324.20107a), as amended by 1996 PA

383.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 20107a. (1) A person who owns or operates property that

he or she has knowledge is a facility shall do all of the following

with respect to hazardous substances at the facility:

     (a) Undertake measures as are necessary to prevent

exacerbation of the existing contamination.

     (b) Exercise due care by undertaking response activity

necessary to mitigate unacceptable exposure to hazardous

substances, mitigate fire and explosion hazards due to hazardous

substances, and allow for the intended use of the facility in a

manner that protects the public health and safety.

     (c) Take reasonable precautions against the reasonably

foreseeable acts or omissions of a third party and the consequences

that foreseeably could result from those acts or omissions.

     (2) Notwithstanding any other provision of this part, a person

who violates subsection (1) is liable for response activity costs

and natural resource damages attributable to any exacerbation of

existing contamination and any fines or penalties imposed under

this part resulting from the violation of subsection (1) but is not

liable for performance of additional response activities unless the

person is otherwise liable under this part for performance of

additional response activities. The burden of proof in a dispute as

to what constitutes exacerbation shall be borne by the party

seeking relief.

     (3) Compliance with this section does not satisfy a person's

obligation to perform response activities as otherwise required

under this part.

     (4) Subsection Except as provided in subsection (5),

subsection (1) does not apply to the state or to a local unit of

government that is not liable under section 20126(3)(a), (b), (c),

or (e) or to a local unit of government that acquired property by

purchase, gift, transfer, or condemnation prior to the effective

date of this section June 5, 1995 or to a person who is exempt from

liability under section 20126(4)(c).

     (5) Subsection (1) applies to the board of a school district

or intermediate school district or board of directors of a public

school academy that would otherwise be exempt under subsection (4)

with regard to property where construction or expansion of a school

building occurs after the effective date of the 2010 amendatory act

that added this subsection if the environmental assessment required

under section 1264 of the revised school code, 1976 PA 451, MCL

380.1264, indicates that the property is a facility.

(6) (5) Subsection (1) does not apply to a person who is

exempt from liability under section 20126(3)(c) or (d) except with

regard to that person's activities at the facility.

     (7) As used in this section, "school building" means any of

the following:

     (a) A building intended to be used to provide instruction for

pupils, including an addition to an existing building.

     (b) A recreational or athletic structure or field intended to

be used by pupils. School building does not include playground or

exercise equipment.

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 5271 of the 95th Legislature is enacted into

law.