Bill Text: MI SB0401 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Environmental protection; hazardous waste; references to liquid industrial waste; change to liquid industrial by-product in hazardous materials transportation act. Amends secs. 2 & 3 of 1998 PA 138 (MCL 29.472 & 29.473). TIE BAR WITH: SB 0400'15, SB 0402'15
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-12-18 - Assigned Pa 0225'15 With Immediate Effect [SB0401 Detail]
Download: Michigan-2015-SB0401-Engrossed.html
SB-0401, As Passed House, December 8, 2015SB-0401, As Passed Senate, October 20, 2015
SUBSTITUTE FOR
SENATE BILL NO. 401
A bill to amend 1998 PA 138, entitled
"Hazardous materials transportation act,"
by amending sections 2 and 3 (MCL 29.472 and 29.473), section 2 as
amended by 2013 PA 74.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Base state" means the state selected by a motor carrier
according to the procedures established by the uniform program.
(b) "Base state agreement" means the agreement between
participating states electing to register or permit motor carriers.
(c) "Department" means the department of environmental
quality.
(d) "Fund" means the environmental pollution prevention fund
created in section 11130 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.11130.
(e) "Hazardous materials" means any of the following:
(i) "Hazardous waste" as that term is defined in section 11103
of the natural resources and environmental protection act, 1994 PA
451, MCL 324.11103.
(ii) "Liquid industrial waste" by-product" as that term is
defined in section 12101 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.12101.
(f) "Motor carrier" means a person engaged in the
transportation of hazardous materials by highway. Motor carrier
includes a motor carrier's agents, officers, and representatives.
Motor carrier does not include an individual operating under an
exclusive lease to a motor carrier that is in compliance with this
act.
(g) "Participating state" means a state electing to
participate in the uniform program by entering a base state
agreement.
(h) "Power unit" means a motor vehicle that provides motor
power to the entire combination, or to the vehicle if a single
unit.
(i) "Uniform application" means the uniform registration and
permit application form established under the uniform program.
(j) "Uniform program" means the uniform state hazardous
materials transportation registration and permit program
established in the report submitted and amended pursuant to 49 USC
5119(b).
Sec. 3. (1) A motor carrier shall determine its base state
designation in the following manner:
(a) A motor carrier that has its principal place of business
in this state shall designate this state as its base state.
(b) A motor carrier that has its principal place of business
outside of this state shall determine its base state designation by
the highest number of hazardous materials miles traveled among the
states participating in the uniform program.
(2) Subject to section 10, a motor carrier that designates
this state as its base state pursuant to subsection (1) shall
register with and obtain a permit from the department prior to
transporting hazardous materials within this state. A motor carrier
that designates another participating state as its base state shall
register with and obtain a permit from that state, with the
appropriate fees paid for this state, prior to transporting
hazardous materials in this state.
(3) A motor carrier required to register in this state shall
file part I of the uniform application with the department and pay
an administrative fee of $50.00 and the apportioned vehicle
registration fee. The amount of the registration fee shall be
calculated by the formula in section 4.
(4) A motor carrier required to obtain a permit in this state
shall file part II of the uniform application with the department
and pay a permit review fee of $500.00.
(5) A motor carrier shall have and maintain financial
responsibility for bodily injury, property damage, or environmental
damage to third parties caused by accidental occurrences arising
from hazardous materials transportation activities of the motor
carrier. The motor carrier shall have and maintain fleet liability
coverage for accidental occurrences in an amount not less than
$1,000,000.00 per occurrence for hazardous materials that are
hazardous wastes and $750,000.00 per occurrence for hazardous
materials
that are liquid industrial waste. by-product. However, a
motor carrier with fleets including only vehicles under 10,000
pounds gross vehicle weight shall have and maintain fleet liability
coverage for accidental occurrences in an amount not less than
$300,000.00. Proof of the required domiciled fleet liability
coverage shall be provided to and maintained by the Michigan public
service
commission in the department of consumer and industry
services,
licensing and regulatory
affairs, with certification of
proper coverage provided to the department. Demonstration of proof
of the required nondomiciled fleet liability coverage shall be
provided
to and maintained with the surface transportation board in
the
federal highway administration. Surface
Transportation Board in
the United States Department of Transportation. Fleet liability
coverage not included under the authority of the Michigan public
service
commission or the surface transportation board Surface
Transportation Board shall be demonstrated to the department by
submittal of the document entitled "endorsement for motor carrier
policies of insurance for public liability under section 29 or 30
of
the motor carrier act of 1980" (OMB no. 2125-0074, 2126-0008,
form MCS-90).
(6) Upon a motor carrier's compliance with subsections (3),
(4), and (5), the department shall issue a notice of registration
form and a permit to the motor carrier. A notice of registration
form and a permit shall include a unique number for each motor
carrier assigned by the department.
(7) A motor carrier shall maintain a copy of the notice of
registration form and the permit in each power unit used to
transport hazardous materials in all participating states. The
notice of registration form and the permit are not transferable
between motor carriers or owners. The original notice of
registration form or permit shall be maintained at the motor
carrier's principal place of business as noted on the registration
form or permit, and shall be available for inspection during normal
business hours.
(8) Prior to entering the state, a motor carrier may obtain a
temporary permit in lieu of a notice of registration form and a
permit.
The temporary permit shall expire expires 10 days after
issuance,
and the fee for a temporary permit shall be is $100.00.
(9)
A motor carrier transporting liquid industrial waste by-
product generated on or from property or equipment in which he or
she owns an interest is exempt from registration and permitting as
required in this act, but remains subject to all other provisions
of part 121 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.12101 to 324.12118, or any other
applicable act or part.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No. 400.
(b) Senate Bill No. 402.
