Bill Text: MI HB5607 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Construction; asbestos; public contracts for asbestos abatement projects; require background investigation and public posting of certain information. Creates new act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-11-28 - Referred To Second Reading [HB5607 Detail]
Download: Michigan-2017-HB5607-Introduced.html
HOUSE BILL No. 5607
February 20, 2018, Introduced by Reps. Chang, VanSingel, Maturen, Sowerby, Inman, Rabhi, Garrett, Cambensy, Peterson, Geiss, Wittenberg, Crawford, Wentworth, VanderWall, Marino, Pagan, Love, Faris and Bellino and referred to the Committee on Natural Resources.
A bill to prohibit certain public entities from entering into
certain contracts with certain entities that remove or abate
asbestos; to require certain entities to disclose certain
information when bidding on certain contracts with public entities;
and to impose certain duties and responsibilities on certain public
entities.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"public entity asbestos removal verification act".
Sec. 3. As used in this act:
(a) "Asbestos" means a group of naturally occurring minerals
that separate into fibers, including chrysotile, amosite,
crocidolite, anthophyllite, tremolite, and actinolite.
(b) "Asbestos abatement contractor" means a business entity
that is licensed under the asbestos abatement contractors licensing
act, 1986 PA 135, MCL 338.3101 to 338.3319, and that carries on the
business of asbestos abatement on the premises of another business
entity and not on the asbestos abatement contractor's premises.
(c) "Asbestos abatement project" means any activity involving
persons working directly with the demolition, renovation, or
encapsulation of friable asbestos materials.
(d) "Public entity" means this state or an agency or authority
of this state, school district, community college district,
intermediate school district, city, village, township, county, land
bank, public authority, or public airport authority.
Sec. 5. (1) A public entity shall not enter into an asbestos
abatement project with an asbestos abatement contractor or a
general contractor that contracts with an asbestos abatement
contractor for the abatement of asbestos unless the public entity
conducts a background investigation of the asbestos abatement
contractor seeking to bid on the asbestos abatement project. If the
asbestos abatement contractor has a criminal conviction related to
compliance with environmental regulations as determined by the
public entity, then the public entity shall not enter into a
contract for an asbestos abatement project with that asbestos
abatement contractor. If the asbestos abatement contractor does not
have any criminal convictions related to compliance with
environmental regulations as determined by the public entity but
has 5 or more violation notices of environmental regulations or is
subject to an administrative consent order or a consent judgment
involving environmental regulations, within the immediately
preceding 5 years, the public entity may enter into a contract with
that asbestos abatement contractor only after the public entity
investigates each of the violation notices or the administrative
consent order or consent judgment and determines whether the
asbestos abatement contractor is able to adhere to the proposed
contract based on the public entity's observations of improvements
in performance, improvements in operations to ensure compliance
with environmental regulations, or other demonstrated ability to
comply with regulations. This determination of the public entity
shall be made in writing and publicly available.
(2) If an asbestos abatement contractor enters into a contract
with a public entity for an asbestos abatement project, the
asbestos abatement contractor shall not enter into a contract with
another asbestos abatement contractor unless the public entity has
conducted a background investigation of that asbestos abatement
contractor in the same manner as provided in subsection (1).
(3) Before entering into a contract for an asbestos abatement
project with an asbestos abatement contractor, or a general
contractor that contracts with an asbestos abatement contractor,
that has 5 or more violation notices of environmental regulations
or is subject to an administrative consent order or a consent
judgment involving environmental regulations, within the
immediately preceding 5 years as determined under subsection (1),
the public entity shall conduct a public hearing with not less than
30 days' notice for public input.
