Bill Text: MI HB5453 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Environmental protection; cleanups; provision related to environmental remediation; eliminate limitation periods. Amends secs. 20138 & 20140 of 1994 PA 451 (MCL 324.20138 & 324.20140).
Spectrum: Partisan Bill (Democrat 41-0)
Status: (Introduced - Dead) 2020-02-05 - Bill Electronically Reproduced 02/05/2020 [HB5453 Detail]
Download: Michigan-2019-HB5453-Introduced.html
HOUSE BILL NO. 5453
February 04, 2020, Introduced by Reps. Ellison,
Hammoud, Tyrone Carter, Cynthia Johnson, Greig, Pohutsky, Koleszar,
Anthony, Garza, Coleman, Brenda Carter, Shannon, Robinson, Byrd, Chirkun,
Hertel, Manoogian, Hood, Sowerby, Lasinski, Guerra, Clemente, Kennedy,
Hope, Witwer, Sabo, Wittenberg, Brixie, Haadsma, Love, Camilleri, Tate,
Cherry, Hoadley, Kuppa, Stone, Yancey, Garrett, Gay-Dagnogo, Jones and Rabhi
and referred to the Committee on Natural Resources and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 20138 and 20140 (MCL 324.20138 and 324.20140), section 20138 as amended by 1995 PA 71 and section 20140 as amended by 2000 PA 254.
the people of the state of michigan enact:
Sec. 20138. (1) All unpaid costs and damages for which
a person is liable under section 20126 constitute a lien in favor of the state
upon a facility that has been the subject of response activity by the state and
is owned by that person. A lien under this subsection has priority over all
other liens and encumbrances except liens and encumbrances recorded before the
date the lien under this subsection is recorded. A lien under this subsection
arises when the state first incurs costs for response activity at the facility
for which the person is responsible.
(2) If the attorney
general determines that the lien provided in subsection (1) is insufficient to
protect the interest of the state in recovering response costs at a facility,
the attorney general may file a petition in the circuit court of the county in
which the facility is located seeking either or both of the following:
(a) A lien upon the
facility subject to response activity that takes priority over all other liens
and encumbrances that are or have been recorded on the facility.
(b) A lien upon real or
personal property or rights to real or personal property, other than the
facility, owned by the person described in subsection (1), having priority over
all other liens and encumbrances except liens and encumbrances recorded prior to before the date the lien under this subsection subdivision is recorded. However, the
following are not subject to the lien provided for in this subdivision:
(i) Assets of a qualified pension plan or individual retirement
account under the internal revenue code of 1986, 26 USC 1 to 9834.
(ii) Assets held
expressly for the purpose of financing a dependent's college education.
(iii) Up to $500,000.00
in nonbusiness real or personal property or rights to nonbusiness real or
personal property, except that not more than $25,000.00 of this amount may be
cash or securities.
(3) A petition submitted pursuant to filed under subsection (2) shall must set forth, with as much
specificity as possible,
the type of lien sought, the property that would be affected, and the reasons
the attorney general believes the lien is necessary. Upon On receipt of a petition under subsection
(2), the court shall promptly schedule a hearing to determine whether the petition
should be granted. Notice The court shall provide notice of
the hearing shall be
provided to the attorney general, the property owner, and any persons a person holding liens a lien or perfected
security interests interest in the real
property subject to response activity. A The court shall not grant a lien shall not be granted under
subsection (2) against the owner of the facility if the owner is not liable
under section 20126.
(4) In addition to the lien provided in subsections (1) and
(2), if the state incurs costs for response activity that increases the market
value of real property that is the location of a release or threatened release,
the increase in value caused by the state funded response activity, to the
extent the state incurred unpaid costs and damages, constitutes a lien in favor
of the state upon the real property. This lien has priority over all other
liens or encumbrances that are or have been recorded upon the property.
(5) A lien provided in subsection (1), (2), or (4) is
perfected against real property when a notice of lien is filed by the
department with the register of deeds in the county in which the real property
is located. A lien upon personal property provided in subsection (2) (2)(b) is perfected
when a notice of lien is filed by the department in accordance with applicable
law and regulation for the perfection of a lien on that type of personal
property. In addition, the
department shall, at At the time of the filing of the notice of
lien, the department shall provide
a copy of the notice of lien to the owner of that property by certified mail.
(6) A lien under this section continues until the liability
for the costs and damages is satisfied or resolved. or becomes unenforceable through the operation of the
statute of limitations provided in section 20140.
(7) Upon On satisfaction of the
liability secured by the lien, the department shall file a notice of release of
lien in the same manner as provided in subsection (5).
(8) If the department, at the time or prior to before the time of
filing the notice of release of lien pursuant to under subsection (7), has made makes a determination
that the person liable under section 20126 has completed all of the response activity activities at the real
property pursuant to the approved remedial action plan, the department shall
execute and file with the notice of release of lien a document stating that all
response activities required in the approved remedial action plan have been
completed.
Sec. 20140. (1) Except as provided in subsections (2) and (3), the limitation
period for filing actions under this part is as follows:
(a)
For the recovery of response activity costs and natural resources damages
pursuant to section 20126a(1)(a), (b), or (c), within 6 years of initiation of
physical on-site construction activities for the remedial action selected or
approved by the department at a facility, except as provided in subdivision
(b).
(b)
For 1 or more subsequent actions for recovery of response activity costs
pursuant to section 20126, at any time during the response activity, if
commenced not later than 3 years after the date of completion of all response
activity at the facility.
(c)
For civil fines under this part, within 3 years after discovery of the
violation for which the civil fines are assessed.
(2)
For recovery of natural resources damages that accrued prior to July 1, 1991,
the limitation period for filing actions under this part is July 1, 1994.
(3)
For recovery of response activity costs that were incurred prior to July 1,
1991, the limitation period for filing actions under this part is July 1, 1994.
(4) Subsection (3) is curative and intended to clarify the original intent of the legislature and applies retroactively.An action under this part may be filed at any time.
