Bill Text: MI HB4025 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Environmental protection: cleanups; provision related to environmental remediation; eliminate limitation periods. Amends secs. 20138 & 20140 of 1994 PA 451 (MCL 324.20138 & 324.20140).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-01-28 - Bill Electronically Reproduced 01/27/2021 [HB4025 Detail]
Download: Michigan-2021-HB4025-Introduced.html
HOUSE BILL NO. 4025
January 27, 2021, Introduced by Rep. Ellison
and referred to the Committee on Natural Resources and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 20138 and 20140 (MCL 324.20138 and 324.20140), section 20138 as amended by 1995 PA 71 and section 20140 as amended by 2000 PA 254.
the people of the state of michigan enact:
Sec. 20138. (1)
All unpaid costs and damages for which a person is liable under section 20126
constitute a lien in favor of the this state upon
on a facility that has been the
subject of response activity by the
this state and is owned by that
person. A lien under this subsection has priority over all other liens and
encumbrances except liens and encumbrances recorded before the date the lien
under this subsection is recorded. A lien under this subsection arises when the this
state first incurs costs for response activity at the facility
for which the person is responsible.
(2) If the attorney general determines that the lien provided
in subsection (1) is insufficient to protect the interest of the this
state in recovering response costs at a facility, the attorney
general may file a petition in the circuit court of the county in which the
facility is located seeking either or both of the following:
(a) A lien upon on the facility subject to response activity that
takes priority over all other liens and encumbrances that are or have been
recorded on the facility.
(b) A lien upon on real or personal property or rights to real or
personal property, other than the facility, owned by the person described in
subsection (1), having priority over all other liens and encumbrances except
liens and encumbrances recorded prior
to before the date the lien under
this subsection subdivision
is recorded. However, the following are not subject to the lien
provided for in this subdivision:
(i) Assets of a qualified
pension plan or individual retirement account under the internal revenue code of 1986, 26 USC 1 to 9834.
(ii) Assets held expressly for the purpose of financing a
dependent's college education.
(iii) Up to $500,000.00 in nonbusiness real or personal property
or rights to nonbusiness real or personal property, except that not more than
$25,000.00 of this amount may be cash or securities.
(3) A petition submitted pursuant to filed
under subsection (2) shall must set forth, with as
much specificity as possible, the type of lien
sought, the property that would be affected, and the reasons the attorney
general believes the lien is necessary. Upon On receipt of a petition under subsection (2), the court
shall promptly schedule a hearing to determine whether the petition should be
granted. Notice The court
shall provide notice of the hearing shall be
provided to the attorney general, the property owner, and any persons a person holding
liens a lien or
perfected security interests interest in the real property subject to response
activity. A The court shall
not grant a lien shall not be granted under
subsection (2) against the owner of the facility if the owner is not liable
under section 20126.
(4) In addition to the
lien provided in subsections (1) and (2), if the this state incurs costs for response activity that
increases the market value of real property that is the location of a release
or threatened release, the increase in value caused by the state funded response activity, to the extent the this state incurred
unpaid costs and damages, constitutes a lien in favor of the this state upon on the real
property. This lien has priority over all other liens or encumbrances that are
or have been recorded upon on the property.
(5) A lien provided in
subsection (1), (2), or (4) is perfected against real property when a notice of
lien is filed by the department with the register of deeds in the county in
which the real property is located. A lien upon on personal property provided in subsection (2) (2)(b) is perfected
when a notice of lien is filed by the department in accordance with applicable
law and regulation for the perfection of a lien on that type of personal
property. In addition, the department shall, at At the time of the filing of the notice of lien, the department shall provide a copy of the notice of
lien to the owner of that property by certified mail.
(6) A lien under this
section continues until the liability for the costs and damages is satisfied or
resolved. or becomes
unenforceable through the operation of the statute of limitations provided in
section 20140.
(7) Upon On satisfaction of
the liability secured by the lien, the department shall file a notice of
release of lien in the same manner as provided in subsection (5).
(8) If the department,
at the time or prior
to before the time of filing the notice of
release of lien pursuant to under subsection (7), has made makes a determination that the person liable under
section 20126 has completed all of the response activity
activities at the real property pursuant to under the
approved remedial action plan, the department shall execute and file with the
notice of release of lien a document stating that all response activities
required in the approved remedial action plan have been completed.
Sec. 20140. (1) Except as provided in
subsections (2) and (3), the limitation period for filing actions under this
part is as follows:
(a)
For the recovery of response activity costs and natural resources damages
pursuant to section 20126a(1)(a), (b), or (c), within 6 years of initiation of
physical on-site construction activities for the remedial action selected or
approved by the department at a facility, except as provided in subdivision
(b).
(b)
For 1 or more subsequent actions for recovery of response activity costs
pursuant to section 20126, at any time during the response activity, if
commenced not later than 3 years after the date of completion of all response
activity at the facility.
(c)
For civil fines under this part, within 3 years after discovery of the
violation for which the civil fines are assessed.
(2)
For recovery of natural resources damages that accrued prior to July 1, 1991,
the limitation period for filing actions under this part is July 1, 1994.
(3)
For recovery of response activity costs that were incurred prior to July 1,
1991, the limitation period for filing actions under this part is July 1, 1994.
(4) Subsection (3) is curative and intended to clarify the original intent of the legislature and applies retroactively.An action under this part may be filed at any time.
