Bill Text: MI HB6191 | 2021-2022 | 101st Legislature | Engrossed
Bill Title: Natural resources: mining; abandoned mine reclamation fund; repeal. Amends secs. 63513 & 63542 of 1994 PA 451 (MCL 324.63513 & 324.63542) & repeals sec. 63510 of 1994 PA 451 (MCL 324.63510).
Spectrum: Partisan Bill (Republican 14-0)
Status: (Engrossed - Dead) 2022-09-27 - Referred To Committee On Oversight [HB6191 Detail]
Download: Michigan-2021-HB6191-Engrossed.html
HOUSE BILL NO. 6191
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 63513 and 63542 (MCL 324.63513 and 324.63542), as added by 1995 PA 57; and to repeal acts and parts of acts.
the people of the state of michigan enact:
Sec. 63513. (1) The department may expend money from the state abandoned mine reclamation fund created by section 63510 for the emergency restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining practices on eligible land, Subsection (2) applies if the department finds that all both of the following: conditions exist:
(a) An Because of the effects of past coal mining practices on eligible land, an emergency exists constituting a danger to the public health, safety, or general welfare exists.
(b) No other person, state agency, or local unit of government has commenced actions or operations on the eligible land to restore, reclaim, abate, control, or prevent the adverse effects of past the coal mining practices.
(2) The If the department has obtained a warrant authorizing the entry, the department may enter on any land where the emergency exists described in subsection (1) and any other land necessary to have access to the land where the emergency exists described in subsection (1) to take those actions necessary or expedient to restore, do either of the following:
(a) Restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices. and to do all things necessary or expedient to protect
(b) Protect the public health, safety, or general welfare. , if the department has obtained a warrant authorizing that entry.
(3) Entry pursuant to this subsection (2) is an exercise of the police power and not an act of condemnation or trespass. If the owner of any interest in the property land brings an action for damages because of an entry made pursuant to this subsection (2), the money expended to restore, reclaim, abate, control, or prevent the adverse effects and the benefits accruing to the property land entered on is chargeable against the land and shall mitigate or offset reduces or offsets any claim in that action. This subsection does
(4) Subsections (2) and (3) do not create new rights of action or eliminate existing immunities.
Sec. 63542. (1) For the purposes of inspections and monitoring, and the administration and enforcement of this part, an operator is assessed an inspection and reclamation fee of not more than 25 cents per ton of coal mined, as determined by the department. The department shall establish, by rule, criteria for determining the amount of the inspection and reclamation fee, . In making the determination of the amount of the inspection and reclamation fee, the department shall take taking into account funds made available to the department pursuant to the surface mining control and reclamation act of 1977, and funds from any other source for the purposes specified in this subsection. The total inspection and reclamation fees assessed annually shall not exceed the total amount appropriated to the department for the purposes specified in this subsection.
(2) An operator shall file quarterly reports with the department on a calendar year basis. The Each report shall include all of the following:
(a) The location of the mining operation and the areas mined during the quarter.
(b) A description of the progress of restoration and reclamation activities of the operator for the preceding quarter.
(c) The number of tons of coal mined during the quarter.
(3) Based on the information reported pursuant to subsection (2)(c), the department shall send the operator written notice of the amount of the fee due for the quarter. The operator shall pay the fee to the department within 30 days after receipt of the notice.
(4) The department shall deposit transmit the inspection and reclamation fee to the state treasurer for deposit in the state abandoned mine reclamation general fund. created by section 63510.
Enacting section 1. Section 63510 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.63510, is repealed.
