May 9, 2013, Introduced by Rep. Kowall and referred to the Committee on Appropriations.
A bill to amend 1998 PA 138, entitled
"Hazardous materials transportation act,"
by amending sections 2 and 5 (MCL 29.472 and 29.475).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Base state" means the state selected by a motor carrier
according to the procedures established by the uniform program.
(b) "Base state agreement" means the agreement between
participating states electing to register or permit motor carriers.
(c) "Department" means the department of environmental
quality.
(d)
"Fund" means the hazardous materials transportation permit
environmental
pollution prevention fund created in
section 5.11130
of the natural resources and environmental protection act, 1994 PA
451, MCL 324.11130.
(e) "Hazardous materials" means any of the following:
(i) "Hazardous waste" as that term is
defined in part 111
section 11103 of the natural resources and environmental protection
act,
1994 PA 451, MCL 324.11101 to 324.11152.324.11103.
(ii) "Liquid industrial waste" as that term
is defined in part
121
section 12101 of the natural resources and environmental
protection
act, 1994 PA 451, MCL 324.12101. to 324.12118.
(f) "Motor carrier" means a person engaged in the
transportation of hazardous materials by highway. Motor carrier
includes a motor carrier's agents, officers, and representatives.
Motor carrier does not include an individual operating under an
exclusive lease to a motor carrier that is in compliance with this
act.
(g) "Participating state" means a state electing to
participate in the uniform program by entering a base state
agreement.
(h) "Power unit" means a motor vehicle that provides motor
power to the entire combination, or to the vehicle if a single
unit.
(i) "Uniform application" means the uniform registration and
permit application form established under the uniform program.
(j) "Uniform program" means the uniform state hazardous
materials transportation registration and permit program
established in the report submitted and amended pursuant to 49
U.S.C.
USC 5119(b).
Sec.
5. (1) The hazardous materials transportation permit fund
is
created in the state treasury.
(2)
The state treasurer shall direct the investment of the
fund.
The state treasurer may receive money or other assets from
any
source for deposit into the fund. The state treasurer shall
credit
to the fund interest and earnings from investment. Money
remaining
in the fund at the close of the fiscal year shall remain
in
the fund and shall not revert into the general fund.
(3)
The registration and permit fees
collected under this act
shall be deposited into the fund. Any balance in the hazardous
materials transportation permit fund on the effective date of the
amendatory act from the 2012-2013 legislative session that amended
this section shall not lapse to the general fund but shall be
transferred to the fund and the hazardous materials transportation
permit fund shall be closed.
(4)
The department shall expend money from the fund, upon
appropriation,
for the implementation of this act. In addition,
funds
not expended for the implementation of this act may be
utilized
for emergency response, training, and other activities
related
to hazardous materials transportation safety that are
initiated
by the department.