February 20, 2018, Introduced by Reps. Maturen, Chang, VanSingel, Sowerby, Inman, Rabhi, Garrett, Cambensy, Peterson, Geiss, Wittenberg, Crawford, Wentworth, Yaroch, VanderWall, Marino, Pagan, 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 disclosure 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 asbestos
abatement contractor seeking to bid on the asbestos abatement
project, before entering into a contract with the public entity,
files an affidavit describing any criminal convictions relating to
compliance with environmental laws or regulations and any violation
notices of environmental laws or regulations, or whether it is
subject to an administrative order or consent judgment within the
immediately preceding 5 years.
(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 that asbestos
abatement contractor files an affidavit described in subsection
(1).