Bill Text: MI HB4792 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Energy: gas and oil; unattended self-service fueling stations; provide for with unrestricted public access. Amends sec. 21106 of 1994 PA 451 (MCL 324.21106).
Spectrum: Moderate Partisan Bill (Republican 23-3)
Status: (Vetoed) 2020-12-31 - Vetoed By The Governor 12/30/2020 [HB4792 Detail]
Download: Michigan-2019-HB4792-Engrossed.html
Substitute For
HOUSE BILL NO. 4792
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 21106 (MCL 324.21106).
the people of the state of michigan enact:
Sec. 21106. (1) The Subject to subsection (2), the department of licensing and regulatory affairs shall promulgate rules relating to underground storage tank systems that are at least as stringent as the rules promulgated by the United States environmental protection agency Environmental Protection Agency under subtitle I of title II of Public Law 89-272, 42 U.S.C. USC 6991 to 6991i. 6991m. These rules shall include a requirement that the owner or operator of an underground storage tank system provide financial responsibility in the event of a release from the underground storage tank system.
(2) A person shall not operate an unattended self-service motor fuel dispensing facility unless all of the following requirements are met:
(a) The person notifies the local fire department at least 30 days before commencing operations.
(b) The department of licensing and regulatory affairs approves the facility. The department of licensing and regulatory affairs shall inspect and approve or disapprove the facility within 60 days after the operator requests approval.
(3) The department of licensing and regulatory affairs shall approve the facility under subsection (2)(b) if all of the following requirements are met:
(a) Fuel pump operating instructions are conspicuously posted in the dispensing area. The instructions shall include the location of emergency controls and a requirement that the user remain outside of the user's vehicle and keep the fuel nozzle in view during dispensing.
(b) The fuel nozzles are automatic-closing nozzles without a latch-open device.
(c) For each group of fuel pumps on an island, at least 1 emergency shut-off valve that meets all of the following requirements is provided:
(i) Is not less than 20 feet and not more than 100 feet from each fuel pump it controls.
(ii) Is clearly identified and readily accessible.
(iii) Can be reset only manually.
(d) An approved fire extinguisher for flammable liquids of 4-B:C rating or higher is located not more than 100 feet from each fuel pump, is clearly identified or visible, and is readily accessible.
(e) Warning signs as required by the department of licensing and regulatory affairs are posted in the dispensing area.
(f) In addition to the warning signs required under subdivision (e), an approved emergency procedures sign is posted in a conspicuous location. The sign shall be of dimensions required by the department of licensing and regulatory affairs and read as follows:
IN CASE OF FIRE, SPILL, OR RELEASE
1. USE EMERGENCY PUMP SHUTOFF
2. REPORT THE ACCIDENT!
FIRE DEPARTMENT TELEPHONE NO. __________________.
FACILITY ADDRESS _______________________________.
(g) The dispensing area and area around the emergency controls are well lit.
(h) Fuel purchases are not payable by coin or currency.
(i) The fuel pumps do not allow more than $125.00 of fuel to be pumped per transaction and require manual action to resume delivery for the next transaction.
(4) As a condition of approval under subsection (1)(b), the owner or operator shall visit the site each day and regularly inspect and maintain the equipment.
(5) The department of licensing and regulatory affairs shall not require an unattended self-service motor fuel dispensing facility to limit public access to or dispensing from fuel pumps by utilizing locked dispensers, security fencing, or other means, except for means that require payment to be made when fuel is dispensed.
