Bill Text: MI SB1051 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Environmental protection; underground storage tanks; tank fee; eliminate. Amends secs. 21102 & 21104 of 1994 PA 451 (MCL 324.21102 & 324.21104).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-12-30 - Assigned Pa 0465'16 12/30/16 Addenda [SB1051 Detail]
Download: Michigan-2015-SB1051-Engrossed.html
SB-1051, As Passed Senate, November 30, 2016
SENATE BILL No. 1051
September 7, 2016, Introduced by Senator GREEN and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 21102 and 21104 (MCL 324.21102 and 324.21104).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
21102. (1) A person who that
is the owner of an
underground storage tank system shall register and annually renew
the registration on the underground storage tank system with the
department. However, the owner or operator of an underground
storage tank closed prior to January 1, 1974 in compliance with the
fire
prevention code, Act No. 207 of the Public Acts of 1941, being
sections
29.1 to 29.33 of the Michigan Compiled Laws, 1941 PA 207,
MCL 29.1 to 29.33, and the rules promulgated under that act, is
exempt from the registration requirements of this section.
(2)
A person who that is the owner of an underground storage
tank system shall register the underground storage tank system with
the department prior to bringing the underground storage tank
system into use. Additionally, an installation registration form
containing the information required by the department shall be
submitted to the department at least 45 days prior to the
installation of the underground storage tank system.
(3)
The department shall accept the registration or renewal of
registration
of an underground storage tank system under this
section
only if the owner of the underground storage tank system
pays
the registration fee specified in subsection (8).
(3) (4)
Except as otherwise provided in
subsections (5) (4)
and
(6), (5), a person who that is the owner of an
underground
storage tank system registered under subsection (1) or (2) shall
notify the department of any change in the information required
under
section 3 21103 or of the removal of an underground storage
tank system from service.
(4) (5)
A person who that is
the owner of an underground
storage tank system, the contents of which are changed routinely,
may indicate all the materials that are stored in the underground
storage tank system on the registration form described in section
21103. A person providing the information described in this
subsection is not required to notify the department of changes in
the contents of the underground storage tank system unless the
material to be stored in the system differs from the information
provided on the registration form.
(5) (6)
Except as otherwise provided in
section 21103(2), a
person
who that is the owner of an underground storage tank system
registered under subsection (1) or (2) is not required to notify
the department of a test conducted on the tank system but shall
furnish this information upon the request of the department.
(6) (7)
Upon the request of a local unit of
government in
which an underground storage tank system is located, the department
shall forward a copy of a registration or notification of change
under this section to the local unit of government where the
underground storage tank system is located.
(8)
Except as provided in section 21104(3), the owner of an
underground
storage tank system shall, upon registration or renewal
of
registration, pay a registration fee of $100.00 for each
underground
storage tank included in that underground storage tank
system.
The department shall deposit all registration fees it
collects
into the fund.
(7) (9)
The department may promulgate rules
that require proof
of registration under this part to be attached to the underground
storage tank system or to the property where the underground
storage tank system is located.
(8) (10)
Except as otherwise provided in
this subsection, an
underground storage tank system or an underground storage tank that
is part of the system that has been closed or removed pursuant to
rules promulgated under this part is exempt from the requirements
of this section. However, the owner of an underground storage tank
system or an underground storage tank that is part of the system
that has been closed or removed shall notify the department of the
closure or removal pursuant to rules promulgated by the department.
The
owner of an underground storage tank system shall continue to
pay
registration fees on underground storage tanks that have been
closed
or removed until notification of the closure or removal is
provided
on the required form pursuant to these rules.
Sec. 21104. (1) The underground storage tank regulatory
enforcement fund is created in the state treasury. The fund may
receive money as provided in this part 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.
(2)
Money in the fund shall be used only by the department
only to enforce this part and the rules promulgated under this part
and
the rules promulgated under the fire prevention code, Act No.
207
of the Public Acts of 1941, being sections 29.1 to 29.33 of the
Michigan
Compiled Laws, 1941 PA 207,
MCL 29.1 to 29.33, pertaining
to the delivery and dispensing operations of regulated substances.
(3)
Notwithstanding section 21102(8), if at the close of any
fiscal
year the amount of money in the fund exceeds $8,000,000.00,
the
department shall not collect a registration fee for the
following
year from existing underground storage tank systems.
After
the registration 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
$4,000,000.00.
(3) (4)
The department of treasury shall,
before November 1 of
each year, notify the department 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. ____ or House Bill No. ____ (request no.
04825'15 *).
(c) Senate Bill No. ____ or House Bill No. ____ (request no.
04826'15 *).
