SB-1179, As Passed Senate, November 30, 2016
November 10, 2016, Introduced by Senator GREEN and referred to the Committee on Committee of the Whole.
A bill to amend 1941 PA 207, entitled
"Fire prevention code,"
by amending section 5d (MCL 29.5d), as amended by 2006 PA 189.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5d. (1) The certificates specified in section 5c shall be
issued every 3 years by the department of environmental quality
after the department of environmental quality determines by an
inspection that the firm location is in satisfactory compliance
with this act. The department of environmental quality may
authorize a firm specified in section 5c to conduct inspections
required in this section after application to the department of
environmental quality and payment of an annual fee of $1,000.00.
Upon annual determination by the department of environmental
quality that the firm is in satisfactory compliance with this act,
the department of environmental quality may grant the
authorization. This authorization may be revoked by the department
of environmental quality for cause. Firms authorized to conduct
inspections required in this section are exempt from the fees
provided in subsection (2). The department of environmental quality
may review procedures utilized by the firm to assure compliance
with this act.
(2) Each firm required to be certified under section 5c shall
submit an installation application to the department of
environmental quality according to rules promulgated under this
act. Each firm shall pay a fee of $203.00 per tank. This fee shall
be submitted with the installation application to the department of
environmental quality. The department of environmental quality
shall not approve an installation application unless this fee has
been
paid as required in this subsection. Payment of this fee shall
waive
waives the first annual storage tank fee required in this
subsection. The owner of a firm specified in section 5c shall pay
an annual fee of $61.50 for each tank located at each storage or
filling location specified in section 5c. Fees required by this
subsection shall be paid before the issuance of a certificate when
storage tanks operated by firms described in section 5c are used
and
until such the tanks are closed or removed, and notification of
the closure or removal is received by the department of
environmental quality. Owners of firms described in section 5c
shall notify the department of environmental quality of the closure
or removal of storage tanks within 30 days after closure or removal
on a form provided by the department of environmental quality. The
following are exempt from fees assessed under this subsection:
(a) Storage tanks that exclusively receive crude petroleum
directly
from a wellhead. are exempt from fees under this section.
(b) Storage tanks that exclusively receive refined petroleum
products that are subject to the environmental protection
regulatory fee imposed under section 21508 of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.21508.
(3)
Beginning October 1, 1990, a A
local unit of government
shall not enact or enforce a provision of an ordinance that
requires a permit, license, approval, inspection, or the payment of
a fee or tax for the installation, use, closure, or removal of an
aboveground storage tank system.
(4)
The fees specified assessed
in subsection (2) shall be
collected and deposited into the hazardous materials storage tank
regulatory enforcement fund created in subsection (5).
(5) The hazardous materials storage tank regulatory
enforcement fund is created in the state treasury. The fund may
receive money as provided in this act and as otherwise provided by
law. The state treasurer shall direct the investment of the fund.
Interest and earnings of the fund shall be credited to the fund.
Money in the fund at the close of the fiscal year shall remain in
the fund and shall not revert to the general fund. Money in the
fund shall be used only by the department of environmental quality
to enforce this act and the rules promulgated under this act
pertaining to the delivery, dispensing, noncommercial
transportation, or storage of hazardous materials. If at the close
of any fiscal year the amount of money in the fund exceeds
$1,000,000.00, the department of environmental quality shall not
collect a fee for the following year for the fund from existing
storage tank systems. After the fee has been suspended under this
subsection, it shall only be reinstated if at the close of any
succeeding fiscal year, the amount of money in the fund is less
than $250,000.00. The department of treasury shall, before November
1 of each year, notify the department of environmental quality of
the balance in the fund at the close of the preceding fiscal year.
Enacting section 1. 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. 506.
(b) Senate Bill No. 1051.
(c) Senate Bill No. 1052.
(d) Senate Bill No. 1053.