SB-0401, As Passed House, December 8, 2015SB-0401, As Passed Senate, October 20, 2015

SUBSTITUTE FOR

SENATE BILL NO. 401

     A bill to amend 1998 PA 138, entitled

"Hazardous materials transportation act,"

by amending sections 2 and 3 (MCL 29.472 and 29.473), section 2 as

amended by 2013 PA 74.

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 environmental pollution prevention fund

created in section 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 section 11103

of the natural resources and environmental protection act, 1994 PA

451, MCL 324.11103.

     (ii) "Liquid industrial waste" by-product" as that term is

defined in section 12101 of the natural resources and environmental

protection act, 1994 PA 451, MCL 324.12101.

     (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 USC

5119(b).

     Sec. 3. (1) A motor carrier shall determine its base state

designation in the following manner:

     (a) A motor carrier that has its principal place of business

in this state shall designate this state as its base state.

     (b) A motor carrier that has its principal place of business

outside of this state shall determine its base state designation by

the highest number of hazardous materials miles traveled among the

states participating in the uniform program.

     (2) Subject to section 10, a motor carrier that designates

this state as its base state pursuant to subsection (1) shall

register with and obtain a permit from the department prior to

transporting hazardous materials within this state. A motor carrier

that designates another participating state as its base state shall

register with and obtain a permit from that state, with the

appropriate fees paid for this state, prior to transporting

hazardous materials in this state.

     (3) A motor carrier required to register in this state shall

file part I of the uniform application with the department and pay

an administrative fee of $50.00 and the apportioned vehicle

registration fee. The amount of the registration fee shall be

calculated by the formula in section 4.

     (4) A motor carrier required to obtain a permit in this state

shall file part II of the uniform application with the department

and pay a permit review fee of $500.00.

     (5) A motor carrier shall have and maintain financial

responsibility for bodily injury, property damage, or environmental

damage to third parties caused by accidental occurrences arising

from hazardous materials transportation activities of the motor

carrier. The motor carrier shall have and maintain fleet liability

coverage for accidental occurrences in an amount not less than

$1,000,000.00 per occurrence for hazardous materials that are

hazardous wastes and $750,000.00 per occurrence for hazardous

materials that are liquid industrial waste. by-product. However, a

motor carrier with fleets including only vehicles under 10,000

pounds gross vehicle weight shall have and maintain fleet liability

coverage for accidental occurrences in an amount not less than

$300,000.00. Proof of the required domiciled fleet liability

coverage shall be provided to and maintained by the Michigan public

service commission in the department of consumer and industry

services, licensing and regulatory affairs, with certification of

proper coverage provided to the department. Demonstration of proof

of the required nondomiciled fleet liability coverage shall be

provided to and maintained with the surface transportation board in

the federal highway administration. Surface Transportation Board in

the United States Department of Transportation. Fleet liability

coverage not included under the authority of the Michigan public

service commission or the surface transportation board Surface

Transportation Board shall be demonstrated to the department by

submittal of the document entitled "endorsement for motor carrier

policies of insurance for public liability under section 29 or 30

of the motor carrier act of 1980" (OMB no. 2125-0074, 2126-0008,

form MCS-90).

     (6) Upon a motor carrier's compliance with subsections (3),

(4), and (5), the department shall issue a notice of registration

form and a permit to the motor carrier. A notice of registration

form and a permit shall include a unique number for each motor

carrier assigned by the department.

     (7) A motor carrier shall maintain a copy of the notice of

registration form and the permit in each power unit used to

transport hazardous materials in all participating states. The

notice of registration form and the permit are not transferable

between motor carriers or owners. The original notice of

registration form or permit shall be maintained at the motor

carrier's principal place of business as noted on the registration

form or permit, and shall be available for inspection during normal

business hours.

     (8) Prior to entering the state, a motor carrier may obtain a

temporary permit in lieu of a notice of registration form and a

permit. The temporary permit shall expire expires 10 days after

issuance, and the fee for a temporary permit shall be is $100.00.

     (9) A motor carrier transporting liquid industrial waste by-

product generated on or from property or equipment in which he or

she owns an interest is exempt from registration and permitting as

required in this act, but remains subject to all other provisions

of part 121 of the natural resources and environmental protection

act, 1994 PA 451, MCL 324.12101 to 324.12118, or any other

applicable act or part.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 98th Legislature are

enacted into law:

     (a) Senate Bill No. 400.                                     

     (b) Senate Bill No. 402.