Bill Text: MI HB4511 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Natural resources; gas and oil; pipelines; provide the department of environmental quality with regulatory oversight. Amends sec. 3106 of 1994 PA 451 (MCL 324.3106) & adds sec. 32517 & pt. 618. TIE BAR WITH: HB 4512'15, HB 4513'15

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2015-04-28 - Printed Bill Filed 04/24/2015 [HB4511 Detail]

Download: Michigan-2015-HB4511-Introduced.html

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HOUSE BILL No. 4511

 

April 23, 2015, Introduced by Reps. Sarah Roberts, Irwin, Singh, Driskell, Geiss, Plawecki, Darany, Robinson, Dillon, Hoadley and Hovey-Wright and referred to the Committee on Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 3106 (MCL 324.3106) and by adding section 32517

 

and part 618.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3106. (1) The department shall establish pollution

 

standards for lakes, rivers, streams, and other waters of the state

 

in relation to the public use to which they are or may be put, as

 

it considers necessary. The department shall issue permits that

 

will assure ensure compliance with state standards to regulate

 

municipal, industrial, and commercial discharges or storage of any

 

substance that may affect the quality of the waters of the state.

 

The department may set permit restrictions that will assure ensure

 

compliance with applicable federal law and regulations. The

 

department may ascertain and determine for record and in making its

 

order what volume of water actually flows in all streams, and the

 

high and low water marks of lakes and other waters of the state,

 

affected by the waste disposal or pollution of any persons. The

 

department may promulgate rules and issue orders restricting the

 

polluting content of any waste material or polluting substance

 

discharged or sought to be discharged into any lake, river, stream,

 

or other waters of the state. The department shall take all

 

appropriate steps to prevent any pollution the department considers

 

to be unreasonable and against public interest in view of the

 

existing conditions in any lake, river, stream, or other waters of

 

the state.

 

     (2) Notwithstanding any other provision of this part or the

 

rules promulgated under this part, a pipeline used to transport

 

crude oil or petroleum is not exempt from and shall comply with

 

part 5 of the water resources protection rules, R 324.2001 to R

 

324.2009 of the Michigan administrative code.

 

     Sec. 32517. A pipeline that is located on the bottomlands of

 

the Great Lakes shall be operated in such a manner that it does not

 

pose a threat to public health, safety, welfare, or the environment

 

or the public trust in the waters of the Great Lakes. To ensure

 

compliance with this section, the department shall inspect

 

pipelines located on bottomlands on a regular basis and may impose

 

conditions on their operation, such as sufficient anchors.

 

              PART 618 PIPELINE SPILL EMERGENCY RESPONSE

 

     Sec. 61801. As used in this part:

 

     (a) "Commission" means the Michigan public service commission.

 

     (b) "Department" means the department of environmental

 

quality.

 

     (c) "Emergency response plan" means an emergency response plan

 

as provided for in section 61803.

 

     (d) "Pipeline" means a pipeline regulated under 1929 PA 16,

 

MCL 483.1 to 483.11, or 1969 PA 165, MCL 483.151 to 483.162.

 

     (e) "Release" means that term as it is defined in part 201.

 

     Sec. 61802. The department shall provide regulatory oversight

 

over releases from pipelines in this state.

 

     Sec. 61803. (1) The owner or operator of a pipeline in this

 

state shall prepare and submit to the department and the commission

 

an emergency response plan.

 

     (2) An emergency response plan prepared under this section

 

shall contain all of the following:

 

     (a) All information required for emergency response plans

 

under 49 CFR 194.

 

     (b) Additional information required by rule.

 

     Sec. 61804. The owner or operator of a pipeline in this state

 

shall conduct release response drills at a frequency determined by

 

rule to practice implementing the owner's or operator's emergency

 

response plan in the event of a release from the pipeline. A

 

release response drill shall include consultations with local units

 

of government in the vicinity of the pipeline that may be able to

 

assist in release response if a release from the pipeline occurs.

 

     Sec. 61805. (1) If the owner or operator of a pipeline obtains

 

knowledge that there is or may be a release from the pipeline, the

 

owner or operator shall immediately notify the department.

 

     (2) If an agency of a local unit of government with

 

responsibility for public safety obtains knowledge that there is or

 

may be a release from a pipeline, the agency shall immediately

 

notify the department.

 

     Sec. 61806. If the owner or operator of a pipeline obtains

 

knowledge of a release from the pipeline, the owner or operator

 

shall immediately notify all property owners affected by the

 

release.

 

     Sec. 61809. The department may promulgate rules to implement

 

this part.

 

     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.____ or House Bill No. 4512 (request no.

 

00501'15).

 

     (b) Senate Bill No.____ or House Bill No. 4513 (request no.

 

01330'15).