Bill Text: MI HB6235 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Property: land sales; environmental inspections; require at time of sale for commercial properties. Creates new act.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2022-06-21 - Bill Electronically Reproduced 06/21/2022 [HB6235 Detail]
Download: Michigan-2021-HB6235-Introduced.html
HOUSE BILL NO. 6235
A bill to require all appropriate inquiries before the sale or transfer of certain property; to invalidate the sale or transfer of certain property if certain requirements are not met; and to require certain disclosures before the sale or transfer of certain property.
the people of the state of michigan enact:
Sec. 1. This act may be cited as the "environmental inspection of commercial property act".
(a) "All appropriate inquiry" means an evaluation of environmental conditions at a property that reasonably defines the existing conditions and circumstances at the property in conformance with 40 CFR 312.
(b) "Baseline environmental assessment" means a written document that describes the results of an all appropriate inquiry. A baseline environmental assessment must include, but is not limited to, all of the following:
(i) An opinion as to whether the all appropriate inquiry has identified conditions indicative of releases or threatened releases of hazardous substances at the commercial property.
(ii) An identification of information, if any, that the person conducting the all appropriate inquiry was unable to obtain that affects the ability of the person to identify conditions indicative of releases or threatened releases of hazardous substances at the commercial property.
(iii) The qualifications of the person or persons that conducted the all appropriate inquiry.
(c) "Commercial property" means that term as defined in section 2 of the obsolete property rehabilitation act, 2000 PA 146, MCL 125.2782.
(d) "Department" means the department of environment, Great Lakes, and energy.
Sec. 5. (1) A person shall not sell or transfer a commercial property unless all of the following have occurred:
(a) An all appropriate inquiry is completed no more than 100 days before the closing date of the sale or transfer of the commercial property.
(b) A baseline environmental assessment is delivered to the prospective buyer or prospective transferee or the agent of the prospective buyer or prospective transferee at or before closing.
(c) A copy of the baseline environmental assessment is mailed or otherwise delivered to the department.
(2) If a sale or transfer of commercial property subject to this act fails to comply with any provision of this section, the sale or transfer must be invalidated.
Sec. 7. The department shall develop and implement a filing system to accept and store the baseline environmental assessments required under this act.
Sec. 9. The specification of items for disclosure in this act does not limit or abridge any obligation for disclosure created by any other provision of law regarding fraud, misrepresentation, or deceit in sale or transfer transactions.
