Bill Text: MI SB0366 | 2023-2024 | 102nd Legislature | Enrolled
Bill Title: Energy: natural gas; penalties for natural gas safety violations; modify. Amends sec. 11 of 1969 PA 165 (MCL 483.161).
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2024-10-09 - Assigned Pa 0131'24 With Immediate Effect [SB0366 Detail]
Download: Michigan-2023-SB0366-Enrolled.html
state of michigan
102nd Legislature
Regular session of 2024
Introduced by Senators McCann, Irwin, Shink, Singh, Wojno, Polehanki and Bayer
ENROLLED SENATE BILL No. 366
AN ACT to amend 1969 PA 165, entitled “An act to authorize the public service commission to establish and enforce gas safety standards; and to provide penalties for violations thereof,” by amending section 11 (MCL 483.161), as amended by 1992 PA 11.
The People of the State of Michigan enact:
Sec. 11. (1) A person that violates this act or a rule promulgated under this act is subject to an administrative fine of not more than $200,000.00 for each violation for each day that the violation persists, except that the maximum administrative fine shall not exceed $2,500,000.00 for any related series of violations.
(2) No sooner than September 1, 2024, and by October 1 of each year thereafter, the commission shall issue an order adjusting the administrative fines under subsection (1) for inflation using the Consumer Price Index.
(3) In determining the amount of the administrative fine under subsection (1), the commission shall consider all of the following:
(a) The effect on the ability of the person to continue in business.
(b) The nature, circumstances, and gravity of the violation.
(c) Any good-faith effort by the person to comply with the requirements of this act.
(d) The degree of culpability of the person.
(e) The history of prior violations of the person.
(f) The ability of the person to pay.
(g) Other matters as justice may require.
(4) The amount of the penalty stipulated may be deducted from a sum the state owes the person or may be recovered in a civil action in the Ingham County circuit court.
(5) A person who willfully and knowingly defaces, damages, removes, or destroys a pipeline sign or right-of-way marker required by this act is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or by a fine of not more than $5,000.00, or both, for each offense.
(6) An administrative fine issued under this section must be deposited in the general fund. For each calendar year, any amount of the administrative fines deposited in the general fund that exceeds $200,000.00 must be credited to the commission to be used for underground facilities safety education and training, consistent with section 12(7) of the MISS DIG underground facility damage prevention and safety act, 2013 PA 174, MCL 460.732.
(7)
As used in this section, “Consumer Price Index” means the most comprehensive
index of consumer prices available for the Detroit area from the United States
Department of Labor, Bureau of Labor Statistics.
This
act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor
