Bill Text: MI HB5596 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Construction; asbestos; provision allowing the withholding of payment to asbestos abatement contractors or demolition contractors for environmental violations; require certain local government contracts to contain. Creates new act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-11-28 - Referred To Second Reading [HB5596 Detail]

Download: Michigan-2017-HB5596-Introduced.html

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HOUSE BILL No. 5596

 

 

February 20, 2018, Introduced by Reps. Howell, Chang, Maturen, VanSingel, Inman, Sowerby, Rabhi, Garrett, Cambensy, Peterson, Geiss, Wittenberg, Crawford, VanderWall, Wentworth, Yaroch, Marino, Pagan, Bellino and Faris and referred to the Committee on Natural Resources.

 

     A bill to allow local governments and certain authorities to

 

withhold payment under certain conditions to contractors on an

 

asbestos abatement project; to provide for mandatory contract

 

conditions on certain asbestos abatement projects; and to prescribe

 

the powers and duties of certain local officials.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (a) "Asbestos" means a group of naturally occurring minerals

 

that separate into fibers, including chrysotile, amosite,

 

crocidolite, anthophyllite, tremolite, and actinolite.

 

     (b) "Asbestos abatement contractor" means a business entity

 

that is licensed under the asbestos abatement contractors licensing

 

act, 1986 PA 135, MCL 338.3101 to 338.3319, and that carries on the

 

business of asbestos abatement on the premises of another business

 

entity and not on the asbestos abatement contractor's premises.

 

     (c) "Asbestos abatement project" means any activity involving

 

persons working directly with the demolition, renovation, or

 

encapsulation of friable asbestos materials.

 

     (d) "Local government" means a county, city, village, or

 

township.

 

     Sec. 3. Beginning on the effective date of this act, if a

 

local government or a land bank authority created under section 23

 

of the land bank fast track act, 2003 PA 258, MCL 124.773, enters

 

into a contract with an asbestos abatement contractor or a

 

demolition contractor that involves an asbestos abatement project,

 

the contract must include a provision that the local government or

 

land bank authority may withhold any payment to that asbestos

 

abatement contractor or demolition contractor if the asbestos

 

abatement contractor, demolition contractor, or any subcontractor

 

of the asbestos abatement contractor or demolition contractor on

 

that asbestos abatement project has entered into, or is in

 

negotiations to enter into, an administrative consent order or

 

consent judgment with the department of environmental quality or

 

another environmental regulatory agency within the immediately

 

preceding 12 months that involves violations of environmental

 

regulations. Payment may be withheld by the local government or

 

land bank authority until the local government or land bank

 

authority receives verification from the asbestos abatement

 

contractor, the demolition contractor, the department of

 

environmental quality, or another environmental regulatory agency

 

that the violations of environmental regulations related to the

administrative consent order or consent judgment, or a proposed

 

administrative consent order or consent judgment, have been

 

corrected.