SB-0877, As Passed House, September 13, 2006

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 877

     A bill to establish safety and security practices for certain

persons involved in the retail or wholesale sale or use of certain

fertilizers; and to provide certain powers and duties for certain

state agencies.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the

"anhydrous ammonia security act".

     Sec. 3. As used in this act:

     (a) "AASSPs" means anhydrous ammonia safety and security

practices established by the commission under section 5.

     (b) "Anhydrous ammonia" means an inorganic compound that

consists of 1 nitrogen atom and 3 hydrogen atoms and has a chemical

formula of NH₃. Anhydrous ammonia is ammonia gas in a compressed or

liquefied form but is not aqueous ammonia, which is a solution of

ammonia gas in water.

     (c) "Commission" means the commission of agriculture.

     (d) "End user" means the person actually using anhydrous

ammonia for a legal purpose.

     (e) "Seller" means a person selling anhydrous ammonia at

wholesale or retail to an end user for a legal purpose.

     Sec. 5. (1) Within 6 months after the effective date of this

act, the commission shall issue AASSPs regarding the security of

anhydrous ammonia in the possession of sellers and end users in

this state. In addition to any other practices included, the AASSPs

shall provide that both of the following, either separately or in

combination as the commission determines advisable, constitute safe

and secure storage practices for anhydrous ammonia:

     (a) Storage in a tank that is properly equipped with a

functioning tank or valve lock that is used at all times except

when the seller or end user is taking anhydrous ammonia from the

tank or filling the tank.

     (b) Storage with a substance added to the anhydrous ammonia

that is or that contains a dye that will, on release from the

container that holds the anhydrous ammonia, stain objects that it

comes in contact with, including skin and clothing, in a highly

visible manner.

     (2) In establishing the AASSPs, the commission shall give due

consideration to available department of agriculture information

and written recommendations from the Michigan state university

college of agriculture and natural resources extension, the

department of state police, local law enforcement agencies,

anhydrous ammonia manufacturers, retailers, and end users, and

other professional and industry organizations.

     Enacting section 1. This act does not take effect unless House

Bill No. 4108 of the 93rd Legislature is enacted into law.