UNATTENDED SELF-SERVICE FUELING STATIONS                                   H.B. 4792 (S-1):

                                                                                                    SUMMARY OF BILL

                                                                                     REPORTED FROM COMMITTEE

House Bill 4792 (Substitute S-1 as reported)

Sponsor:  Representative Beau Matthew LaFave

House Committee:  Commerce and Tourism

                             Ways and Means

Senate Committee:  Natural Resources

CONTENT

The bill would amend Part 211 (Underground Storage Tank Regulations) of the Natural Resources and Environmental Protection Act to do the following:

-- Allow an owner or operator to operate an unattended self-service motor fuel dispensing facility if the owner or operator notified the local fire department and if the Department of Licensing and Regulatory Affairs (LARA) approved the facility.

-- Require LARA to inspect and approve or disapprove a facility within 60 days after a request was made.

-- Require LARA to approve the facility if certain requirements were met.

-- Require the owner or operator of a facility to visit the site each day and regularly inspect and maintain the equipment.

-- Prohibit LARA from requiring a facility to limit public access to or dispensing from fuel dispensers by using locked dispenses, security fencing, or other means except for means that required payment when fuel was dispensed.

-- Specify that the bill would not apply to a facility that was operated as a membership-based fuel co-op or dispensed fuel from above-ground tanks, and met applicable standards under the Fire Prevention Code

-- Specify that the bill would not preempt local ordinance that prohibited unattended self-service motor fuel dispensing facilities.

(Note: the Act refers to the Department of Environmental Quality, now the Department of Environment, Energy, and the Great Lakes; however, regulatory authority for underground storage tanks was transferred to LARA under Executive Order 2012-14.)

MCL 324.21106                                                           Legislative Analyst:  Dana Adams

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed:  9-29-20                                        Fiscal Analyst:  Elizabeth Raczkowski

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.