HOUSE BILL NO. 5726

April 24, 2020, Introduced by Rep. Iden and referred to the Committee on Government Operations.

"Michigan vehicle code,"

by amending section 722a (MCL 257.722a), as amended by 1995 PA 248, and by adding section 722b.

the people of the state of michigan enact:

Sec. 722a. (1) A truck pulling a trailer, a truck tractor pulling a semitrailer and trailer combination, or a truck tractor pulling 2 semitrailers shall must not transport a flammable liquid, in bulk, which has a flash point at or below 70 degrees Fahrenheit within this state.

(2) A truck pulling a trailer, a truck tractor pulling a semitrailer and trailer combination, or a truck tractor pulling 2 semitrailers shall must not transport a flammable gas or a compressed flammable gas, in bulk, as defined by 49 C.F.R. CFR parts 100 to 180, within this state.

(3) A truck or a truck tractor pulling a semitrailer shall must not transport a flammable liquid, in bulk, which has a flash point at or below 70 degrees Fahrenheit in this state, unless the truck or the semitrailer has a water capacity of less than 13,800 gallons. This subsection does not apply to those vehicles registered with the motor carrier division of the department of state police on or before January 1, 1986.

(4) A truck or truck tractor pulling a semitrailer shall must not transport a flammable liquid, in bulk, which has a flash point at or below 70 degrees Fahrenheit in a quantity of more than 13,400 gallons.

(5) The owner or driver of a vehicle that transports, or a shipper who loads a vehicle with a flammable liquid, flammable gas, or compressed flammable gas in violation of this section is guilty of a misdemeanor, punishable by a fine of not more than $3,000.00, or imprisonment for not more than 90 days, or both.

(6) This section shall must be enforced only by a police officer.

(7) For the purposes of this section, "in bulk" means an amount of product or material of 3,500 water gallons or more in a single containment system. Commercial motor vehicles transporting hazardous materials shall must comply with the motor carrier safety act , Act No. 181 of the Public Acts of 1963, being sections 480.11 to 480.21 of the Michigan Compiled Laws.of 1963, 1963 PA 181, MCL 480.11 to 480.25.

Sec. 722b. (1) Notwithstanding any provisions of this act to the contrary, during the state of emergency declared under Executive Order No. 2020-33 or any extension of that order, the following restrictions are suspended for deliveries that meet the immediate needs of the public:

(a) All state and local seasonal load restrictions.

(b) All state and local restrictions on the noise and timing of loading and delivery of goods.

(2) During the state of emergency declared under Executive Order No. 2020-33 or any extension of that order, the state transportation department, or a local authority with respect to highway under its jurisdiction, shall issue permits that allow nonseasonal local restrictions to be exceeded. The permits issued under this subsection must reflect the bridge weight tolerance and must apply to deliveries that meet the immediate needs of the public.

(3) As used in this section, "deliveries that meet the immediate needs of the public" includes deliveries of any of the following:

(a) Medical supplies and equipment related to the testing, diagnosis, and treatment of COVID-19.

(b) Supplies and equipment that are necessary for community safety, sanitation, and the prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap, and disinfectants.

(d) Equipment, supplies, and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to the COVID-19 pandemic.

(e) Persons designated by federal, state, or local authorities for medical, isolation, or quarantine purposes.

(f) Individuals necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 pandemic.