HB-6003, As Passed House, June 12, 2018
HB-6003, As Passed Senate, June 12, 2018
May 15, 2018, Introduced by Rep. Allor and referred to the Committee on Oversight.
A bill to amend 1984 PA 44, entitled
"Motor fuels quality act,"
by amending sections 6 and 9i (MCL 290.646 and 290.649i), section 6
as amended by 2016 PA 466 and section 9i as amended by 2006 PA 104.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) Before a distributor or retail dealer engages in
transferring, selling, dispensing, or offering for sale gasoline,
diesel fuel, biodiesel, biodiesel blend, or hydrogen fuel in this
state, the distributor or retail dealer shall obtain a license from
the department for each retail outlet operated by that person. In
administering the licensing under this section, the department may
attempt to coordinate the licensing with the licensing applicable
to gasoline administered by the department of treasury pursuant to
the motor fuel tax act, 2000 PA 403, MCL 207.1001 to 207.1170, and
the general sales tax act, 1933 PA 167, MCL 205.51 to 205.78.
(2) A license expires annually on November 30 unless renewed
before December 1 of each year or unless suspended, denied, or
revoked by the department.
(3) A license shall not be issued or renewed until any
administrative
fines issued imposed under section 10a have been
paid. A hearing is not required before the refusal to issue or
renew a license under this subsection.
(4) An application for a license shall be made to the
department upon a form furnished by the department. The completed
form shall contain the information requested by the department.
(5) The director may suspend, deny, or revoke a license issued
pursuant to this act for failure to comply with the requirements
provided for in section 3, for failure to provide notice as
provided in section 4, or for violating section 31 of the weights
and
measures act, of 1964, 1964 PA 283, MCL 290.631, if that
violation occurs at any of the licensee's retail outlets and
involves the transferring, selling, dispensing, or the offering for
sale of gasoline in this state, or for otherwise failing to comply
with this act or a rule promulgated under this act or an order
issued under this act.
(6) If a person licensed under this act is convicted of an
intentional violation under section 31 of the weights and measures
act, of
1964, 1964 PA 283, MCL 290.631, any license issued pursuant
to this act shall be revoked for 2 years.
(7) A suspension, revocation, or denial of a license of a
person
who is an individual shall result results in the suspension,
revocation, or denial of any other license held or applied for by
that individual under this act. The license of a corporation,
partnership, or other association shall be suspended when a license
or license application of a partner, trustee, director, or officer,
member, or a person exercising control of the corporation,
partnership, or other association is suspended, revoked, or denied.
The suspension shall remain in force until the director determines
that the disability created by the suspension, revocation, or
denial has been removed.
(8) Except as otherwise provided in subsection (3), the
department shall issue an initial or renewal license not later than
120 days after the applicant files a completed application. If the
application is considered incomplete by the department, the
department shall notify the applicant in writing or make the
notification electronically available within 40 days after receipt
of the incomplete application, describing the deficiency and
requesting the additional information. The 120-day period is tolled
upon notification by the department of a deficiency until the date
all of the information requested during the 40-day period is
received by the department. Requests for new or additional
information by the department that fall outside the 40-day period
do not toll the 120-day period. The determination of the
completeness
of an application does is not operate as an approval
of the application for the license and does not confer eligibility
of
to an applicant determined otherwise ineligible for
issuance of
a license.
(9)
The director of the department shall submit a report by
December
1 of each year to the standing committees and
appropriations
subcommittees of the senate and house of
representatives
concerned with motor fuel quality issues. The
director
shall include all of the following information in the
report
concerning the preceding fiscal year:
(a)
The number of initial and renewal applications the
department
received and completed within the 120-day time period
described
in subsection (8).
(b)
The number of applications denied.
(c)
The number of applications not issued within the 120-day
period.
(9) (11)
Before a blender engages in the
transferring,
selling, dispensing, or offering for sale of blended gasoline in
this state, the blender shall register the finished product with
the department and provide to the department test results as the
department considers necessary. If the product does not comply with
the requirements of section 3, the blender shall provide the
department with a written list of the business names and addresses
to whom the blended product is sold.
(10) (12)
As used in this section,
"completed application"
means an application complete on its face and submitted with any
other information, records, approval, security, or similar item
required by law or rule from a local unit of government, a federal
agency, or a private entity but not from another department or
agency of this state.
Sec.
9i. (1) A dispensing facility in the county of Wayne,
Oakland, Macomb, Washtenaw, Livingston, Monroe, or St. Clair County
constructed after November 15, 1990 shall obtain a dispensing
permit. The fee for a dispensing permit is $25.00 for each year or
portion of a year.
(2)
Before a dispensing permit is issued, a The department
shall not issue a dispensing permit unless the dispensing facility
shall
install has installed an approved stage I vapor-recovery
system
and, in addition to the fee for the dispensing permit, shall
pay
paid a registration fee for each dispensing unit located
at the
dispensing facility. A permit shall not be issued or renewed until
all fees and administrative fines issued under section 10a are
paid.
A hearing shall is not be required before the refusal to
issue or renew a permit under this subsection.
(3) A dispensing permit expires annually on November 30 unless
renewed before December 1 of each year or unless suspended, denied,
or revoked by the department. Application for a dispensing permit
shall be made on a form furnished by the department. The completed
form shall contain the information requested by the department and
shall be accompanied by the fees specified.
(4) The director may suspend, deny, or revoke a dispensing
permit issued pursuant to this act for failure to pay the fee
required by subsection (1) or (2) or for failure to comply with the
requirements of sections 9a to 10c or rules promulgated thereunder.
(5) A fee shall be charged to the operator of stage I vapor-
recovery or gasoline-dispensing equipment for its inspection if any
of the following occur:
(a) The inspection is a reinspection of equipment that has
already been tested and found to contain a substantial defect.
(b) The inspection is performed at the request of the
operator.
(6) The department shall establish the fees and expenses for
special services, including the fee for an operator requested
inspection or reinspection, for registrations, for training
courses, and for accreditation of a trainer, to provide that each
fee
is sufficient to cover the cost of an operator requested
inspection,
reinspection, registration, training, or trainer
accreditation,
respectively, the service for
which the fee is
charged and that the aggregate of all fees collected is sufficient
to pay for all salaries and other expenses connected with the
activity. The department shall review and adjust the fees at the
end
of each year and have obtain
the director's approval of all
fees
approved by the director before they are adopted. Fees
collected under this section shall be deposited in the gasoline
inspection and testing fund and reserved for conducting the vapor-
recovery program.
(7)
Subject to subsection (2), and beginning on the effective
date
of the amendatory act that added this subsection, the
department shall issue an initial or renewal permit not later than
120 days after the applicant files a completed application. If the
application is considered incomplete by the department, the
department shall notify the applicant in writing or make
notification electronically available within 40 days after receipt
of the incomplete application, describing the deficiency and
requesting the additional information. The 120-day period is tolled
upon notification by the department of a deficiency until the date
all of the information requested during the 40-day period is
received by the department. The determination of the completeness
of
an application does is not operate as an approval of the
application
for the permit and does not confer eligibility of to an
applicant determined otherwise ineligible for issuance of a permit.
Requests for new or additional information by the department that
fall outside the initial 40-day period do not toll the 120-day
period.
(8) If the department does not issue or deny a permit within
120 days after the receipt of a completed application, the
department shall return the permit fee and shall reduce the permit
fee for the applicant's next renewal application, if any, by 15%.
The failure to issue a permit within the time required under this
subsection does not allow the department to otherwise delay the
processing of the application, and that application, upon
completion, shall be placed in sequence with other completed
applications received at that same time. The department shall not
discriminate against an applicant in the processing of an
application based on the fact that the application fee was refunded
or discounted under this subsection.
(9)
Beginning October 1, 2005, the director of the department
shall
submit a report by December 1 of each year to the standing
committees
and appropriations subcommittees of the senate and house
of
representatives concerned with motor fuel quality issues. The
director
shall include all of the following information in the
report
concerning the preceding fiscal year:
(a)
The number of initial and renewal applications the
department
received and completed within the 120-day time period
described
in subsection (7).
(b)
The number of applications denied.
(c)
The number of applications not issued within the 120-day
period
and the amount of money returned to permittees under
subsection
(8).
(9) (10)
As used in this section,
"completed application"
means an application complete on its face and submitted with any
applicable permitting fees as well as any other information,
records, approval, security, or similar item required by law or
rule from a local unit of government, a federal agency, or a
private
entity but not from another department or agency of the
this
state. of Michigan.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.