SB-0653, As Passed House, May 6, 2004                                       

    HOUSE SUBSTITUTE FOR

    SENATE BILL NO. 653

(As amended, April 22, 2004)                                                

                                                                             A bill to amend 1994 PA 451, entitled                                             

"Natural resources and environmental protection act,"                       

by amending section 20129a (MCL 324.20129a), as amended by 1999             

PA 30, and by adding section 3122a.                                         

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1   Sec. 3122a.  In any state fiscal year, if the department                    

2   collects more than $2,000,000.00 under section 3122 in annual               

3   groundwater discharge permit fees, the department shall <<credit in the

4   next fiscal year each permittee who paid a groundwater discharge permit                                                                     

5 fee a proportional amount of the fees collected in excess of $2,000,000.00. However, if a permit is no longer required by the permittee in the next fiscal year, the department shall do the following:

  (a) If the credited amount is $50.00 or more, the department shall provide a refund to the permittee for the credited amount.

    (b) If the credited amount is less than $50.00, the department shall provide a credit to the permittee for an annual groundwater discharge permit fee that may be required in a subsequent year. >> 

6       Sec. 20129a.  (1) A person may petition the department                      

7   within 6 months after completion of a baseline environmental                

8   assessment for a determination that that person meets the                   

9   requirements for an exemption from liability under                          

10  section 20126(1)(c) and, in conjunction with that exemption, a              

1   determination that the proposed use of the facility satisfies the           

2   person's obligations under section 20107a.  This request may be             

3   made by a prospective purchaser or transferee prior to actual               

4   transfer of ownership or other interest to that person or by a              

5   lender prior to foreclosure.  The request shall be submitted on a           

6   form provided by the department along with the fee provided in              

7   subsection (4).  The person petitioning the department under this           

8   subsection shall attach the baseline environmental assessment, a            

9   detailed description of the proposed use of the facility, a plan            

10  for any response activities that are necessary to assure that the           

11  proposed use of the facility satisfies the requirements of                  

12  section 20107a if a determination regarding compliance with that            

13  section is requested, and the qualifications of the environmental           

14  professionals who have made the recommendations.                            

15      (2) Within 15 business days after receipt of a petition                     

16  under subsection (1), the department shall issue a written                  

17  determination to the person submitting the petition that does               

18  either of the following:                                                    

19      (a) Affirms that the criteria for obtaining the exemption                   

20  have been met and affirms that the proposed use of the facility             

21  would satisfy the person's obligations under section 20107a                 

22  provided that the person complies with the plan for the proposed            

23  use of the facility submitted under subsection (1).                         

24      (b) Provides that the criteria for obtaining the exemption                  

25  have not been met, or that the proposed use of the facility does            

26  not satisfy the person's obligation under section 20107a, the               

27  specific reasons for the denial, and how the applicant could meet           

1   the criteria and satisfy the person's obligations under                     

2   section 20107a, if possible.                                                

3       (3) A determination by the department under this section may                

4   be conditioned on completion of response activities described in            

5   the petition.                                                               

6       (4) Until June 5,  2003 2005, a petition submitted under                   

7   subsection (1) shall be accompanied by a fee of $750.00.  The               

8   department shall deposit all fees collected under this section              

9   into the fund.  The department shall annually submit a report to            

10  the legislature that details all of the following:                          

11      (a) The number of petitions received pursuant to this                       

12  section.                                                                    

13      (b) The average length of time which the department has                     

14  taken to issue written determinations pursuant to this section.             

15      (c) The number of times in which written determinations were                

16  not issued within the required time period.                                 

17      (d) The approximate amount of department staff time                         

18  necessary to issue a written determination under this section.              

19      (5) A person who is provided an affirmative determination                   

20  under this section is not liable for a claim for response                   

21  activity costs, fines or penalties, natural resources damages, or           

22  equitable relief under part 17, part 31, or common law resulting            

23  from the contamination identified in the petition or from                   

24  contamination existing on the property on the date in which                 

25  ownership or control of the property was transferred to the                 

26  person.  The liability protection afforded in this subsection               

27  does not extend to a violation of any permit issued under state             

1   law.  This subsection does not alter a person's liability for a             

2   violation of section 20107a for a use or activity of property               

3   that is inconsistent with the determination.