Bill Text: MI HB6258 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Natural resources: mining; mine inspectors' powers and duties; transfer to department of environment, Great Lakes, and energy. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding pt. 629, to subch. 4 of ch. 3, art. III & repeals 1911 PA 163 (MCL 425.101 - 425.113).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-06-21 - Bill Electronically Reproduced 06/21/2022 [HB6258 Detail]
Download: Michigan-2021-HB6258-Introduced.html
HOUSE BILL NO. 6258
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding part 629 to subchapter 4 of chapter 3 of article III; and to repeal acts and parts of acts.
the people of the state of michigan enact:
PART 629
MINE INSPECTION
Sec. 62901. As used in this part:
(a) "Department" means the department of environment, Great Lakes, and energy.
(b) "Director" means the director of the department or his or her designee.
(c) "Mine" means a metallic mineral mine.
Sec. 62903. The department shall do all of the following:
(a) Inspect each active mine at least once every 60 days.
(b) Condemn a mine or part of a mine where the employees are in danger from any cause.
(c) Require the erection of a partition between mine shafts and ladder ways.
(d) If a mine or part of a mine is dangerous, immediately do both of the following:
(i) Order in writing the individuals working at that place to leave and not return until further notice. An order under this subparagraph and a notification under subparagraph (ii) shall clearly define the limits of the dangerous place.
(ii) Notify in writing the operator or its agent of the work to be done or change to be made to secure the place from danger other than ordinary mine risks.
(e) Order the mine operator or its agent to do both of the following:
(i) Furnish all shafts and open pits of the mine with some secure safeguard at the top of the shaft or open pit so as to prevent individuals or material from falling down the mine.
(ii) Furnish a covering on all the carriages on which individuals ascend or descend a shaft, if in the department's judgment it is practicable and necessary for safety.
Sec. 62905. (1) If a mine is idle or abandoned, the department shall, in writing, order the owner or owners of the land on which the mine is located, or the agent of the owner or owners, to erect and maintain around each shaft and open pit of the mine a suitable fence or railing as necessary to prevent individuals or domestic animals from falling into the shaft or open pit.
(2) If an owner or agent is a resident of this state, the department shall serve the notice on the owner or agent personally or by leaving a copy at the residence of the owner or agent. If an owner or agent is not a resident of this state, the notice may be given by registered mail and publication for 3 consecutive weeks in 1 or more newspapers circulated in the county where the mine is located. The newspaper must be published in the county where the mine is located or, if there is not such a newspaper, in an adjoining county.
(3) If an owner or agent does not, within 30 days after notice is given under subsection (2), erect fences or railings as provided in subsection (1), the department shall cause the fences or railings to be erected.
(5) If the attorney general determines that the lien under subsection (4) is insufficient to protect the interest of this state in recovering the costs under subsection (3), the attorney general may file a petition in the circuit court for the county in which the land is located seeking either or both of the following:
(a) A lien against the land that takes priority over all other liens and encumbrances on the land that are or have been recorded.
(b) A lien against real or personal property or rights to real or personal property other than the land where the mine is located, owned by the person who owns the land where the mine is located. The lien under this subdivision has priority over all other liens and encumbrances recorded before the date the lien under this subdivision is recorded. The following are not subject to a lien under this subdivision:
(i) Assets of a qualified pension plan or individual retirement account under the internal revenue code of 1986, 26 USC 1 to 98344.
(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 real or personal property, except that not more than $25,000.00 of this amount may be cash or securities.
(6) A petition submitted under subsection (5) shall 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 receipt of a petition under subsection (5), the court shall promptly schedule a hearing to determine whether the petition should be granted. Notice of the hearing shall be provided to the attorney general, the property owner, and any persons holding liens or perfected security interests in the land where the mine is located.
(7) In addition to the liens provided for in subsections (4) and (5), if this state incurred unpaid costs under subsection (3) that increase the market value of the land that is the location of the mine, the increase in value caused by the installation of fences or railing, to the extent of those costs, constitutes a lien in favor of this state against the land. This lien has priority over all other liens or encumbrances that are or have been recorded against the land.
(8) A lien provided in subsection (4), (5), or (7) is perfected against land when a notice of lien is filed by the department with the register of deeds in the county in which the land is located. In addition, the department shall, at the time of the filing of the notice of lien, provide a copy of the notice of lien to the owner of that property by certified mail.
(9) A lien under this section continues until the liability for costs under subsection (3) is satisfied.
(10) Upon 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 (8).
Sec. 62907. If a mine is closed or abandoned, the mine shall not be reopened and an individual other than a department officer or employee shall not enter the mine unless the department has inspected the mine and issued a certificate of safety. A mine owner or operator who directs or permits an individual to enter a mine in violation of this section shall be ordered to pay a civil fine of not less than $100.00 or more than $500.00.
Sec. 62909. If the mine operator allows an individual to work in a place condemned under section 62903, except to do the work required to ensure the safety, ordinary risks of mining excepted, of employees who will work in that area, the operator of the mine is liable for an accident that causes injury or death to an employee working in the place and that occurs before the condemnation order is complied with or revoked.
Sec. 62911. (1) The operator of a mine or its agent shall, upon request by a department employee, furnish the department employee at the mine with all of the following:
(a) For inspection, maps, drawings, and plans of the mine, together with plans of all contemplated changes in the manner of working the mine or any part of the mine.
(b) An individual or individuals to accompany the department employee through the mine or any part thereof.
(c) Use of ladders and other appliances necessary and suitable to make a proper inspection of the mine.
(2) A person who violates subsection (1) shall be ordered to pay a civil fine of not less than $100.00 or more than $500.00.
Sec. 62913. (1) If an individual working in any mine or place where mining is done notifies the department verbally or in writing of any mine condition or accident with respect to which the department has jurisdiction under this part, the department shall immediately conduct an inspection.
(2) The notice to the department under subsection (1) is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be disclosed by the department except if required by court order. If an officer or employee of the department discloses the name of an individual who gives notice under this section, the officer or employee shall be ordered to pay a civil fine of not less than $100.00 or more than $500.00.
Sec. 62915. (1) The department shall prepare, maintain on its website, and update as necessary a list of abandoned metallic mineral mines in this state. The list shall identify each mine by name, location, and owner.
(2) The department shall prepare by March 1 each year a report of the department's activities under this part during the prior calendar year. The report shall include, but is not limited to, all of the following:
(a) The number of mine accidents during the reporting period that caused death or injury to an individual.
(b) The circumstances of each accident described in subdivision (a), including, but not limited to, all of the following:
(i) The name of the mine where the accident occurred.
(ii) Whether the accident occurred through fault or negligence and, if so, whether the negligence was that of the mine owner or operator or of an employee or employees.
(iii) The results of inquests if any have been held in case of accidents causing death.
(3) The department shall post a report under subsection (2) on its website for 5 years. The department shall provide a copy of the report to the board of commissioners of each county in which an active metallic mineral mine is located and to the director of the Michigan occupational safety and health administration.
Enacting section 1. 1911 PA 163, MCL 425.101 to 425.113, is repealed.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No.____ (request no. 01430'21 a) of the 101st Legislature is enacted into law.
