March 24, 2010, Introduced by Rep. Tlaib and referred to the Committee on Great Lakes and Environment.
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 a
building intended to be used to provide instruction for pupils or a
recreational or athletic structure or field intended to be used by
pupils.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5271 of the 95th Legislature is enacted into
law.