February 16, 2006, Introduced by Reps. Nitz, Baxter, Proos, Booher, Hansen, Pavlov, Emmons, Huizenga, Newell, Garfield, Mortimer, Casperson, Hune, Meyer, Ball, Vander Veen and Stahl and referred to the Committee on Agriculture.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 8801, 8802, 8803, 8807, 19608, and 19616 (MCL
324.8801, 324.8802, 324.8803, 324.8807, 324.19608, and 324.19616),
sections 8801, 8802, 8803, and 8807 as added by 1998 PA 287,
section 19608 as amended by 2003 PA 252, and section 19616 as added
by 1998 PA 288; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8801. As used in this part:
(a) "Department" means the department of environmental
quality. However, with respect to any provision of this part
applicable to an agricultural nonpoint source project, department
means the department of agriculture.
(b)
"Director" means the director of the department.
(b) (c)
"Fund" means the clean water fund created
in section
8807.
(c) (d)
"Grant" means a nonpoint source pollution
prevention
and control grant or a wellhead protection grant under this part.
(d) (e)
"Local unit of government" means a county,
city,
village, or township, or an agency of a county, city, village, or
township; the office of a county drain commissioner; a soil
conservation district established under part 93; a watershed
council; a local health department as defined in section 1105 of
the public health code, 1978 PA 368, MCL 333.1105; or an authority
or any other public body created by or pursuant to state law.
(e) (f)
"Nonpoint source pollution" means water
pollution
from diffuse sources, including runoff from precipitation or
snowmelt contaminated through contact with pollutants in the soil
or on other surfaces and either infiltrating into the groundwater
or being discharged to surface waters, or runoff or wind causing
erosion of soil into surface waters.
Sec. 8802. (1) The department of environmental quality, in
consultation with the department of agriculture, shall establish a
grants program to provide grants for nonpoint source pollution
prevention and control projects and wellhead protection projects.
However, that portion of the grants program intended to provide
grants for agricultural nonpoint source pollution prevention and
control projects shall be established by the department of
agriculture, in consultation with the department of environmental
quality. The grants program shall provide grants to local units of
government or entities that are exempt from taxation under section
501(c)(3) of the internal revenue code.
(2) The nonpoint source pollution prevention and control
grants issued under this part shall be provided for projects that
do either or both of the following:
(a) Implement the physical improvement portion of watershed
plans that are approved by the department.
(b) Reduce specific nonpoint source pollution as identified by
the department.
(3) The wellhead protection grants issued under this part
shall be provided for projects that are consistent with a wellhead
protection plan approved by the department and that do any of the
following:
(a) Plug abandoned wells.
(b) Provide for the purchase of land or the purchase of rights
in land to protect aquifer recharge areas.
(c) Implement the physical improvement portion of the wellhead
protection plan.
(4) For any grant issued under this part, a local unit of
government shall contribute at least 25% of the project's total
cost from other public or private funding sources. The department
may approve in-kind services to meet all or a portion of the match
requirement under this subsection. In addition, the department may
accept as the match requirement under this subsection a contract
between the grant applicant and the department that provides for
maintenance of the project or practices that are funded under terms
acceptable to the department. The contract shall require
maintenance of the project or practices throughout the period of
time in which the state is paying off the bonds that were issued
pursuant to the clean Michigan initiative act, 1998 PA 284, MCL
324.95101 to 324.95108, to implement this part.
Sec. 8803. In selecting projects for a grant award, the
department shall consider the following as they relate to a
project:
(a) The expectation for long-term water quality improvement.
(b) The expectation for long-term protection of high quality
waters.
(c) The consistency of the project with remedial action plans
and other regional water quality or watershed management plans
approved by the department of environmental quality.
(d) The placement of the watershed on the list of impaired
waters
pursuant to section 303(d) of title III of the federal
water
pollution control act, chapter 758, 86 Stat. 846, 33 U.S.C.
33 USC 1313.
(e) Commitments for financial and technical assistance from
the partners in the project.
(f) Financial and other resource contributions, including in-
kind services, by project participants in excess of that required
in section 8802(4).
(g) The length of time the applicant has committed to maintain
the physical improvements.
(h) The commitment to provide monitoring to document
improvement in water quality or the reduction of pollutant loads.
(i) Whether the project provides benefits to sources of
drinking water.
(j) Other information the department considers relevant.
Sec. 8807. (1) The clean water fund is created within the
state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) Except as otherwise provided in this section, the
department shall expend money in the fund, upon appropriation, for
any of the following:
(a)
To implement the programs described in the department's
department of environmental quality's document entitled "A
strategic environmental quality monitoring program for Michigan's
surface waters", dated January 1997. In implementing these
programs, the department may contract with any person.
(b) Water pollution control activities.
(c) Wellhead protection activities.
(d) Storm water treatment projects and activities.
(5) Money in the fund shall not be expended for combined sewer
overflow corrections.
(6) The first priority for expenditure of money in the fund
shall be for the programs described in subsection (4)(a).
(7) Money in the fund shall not be expended until rules are
promulgated under section 8808.
Sec. 19608. (1) Money in the fund that is allocated under
section 19607 shall be used for the following purposes:
(a) Money allocated under section 19607(1)(a) shall be used by
the department to fund all of the following:
(i) Corrective actions undertaken by the department to address
releases from leaking underground storage tanks pursuant to part
213.
(ii) Response activities undertaken by the department at
facilities pursuant to part 201 to address public health and
environmental problems or to promote redevelopment.
(iii) Assessment activities undertaken by the department to
determine whether a property is a facility.
(iv) $75,000,000.00 shall be used to provide grants and loans
to local units of government and brownfield redevelopment
authorities created under the brownfield redevelopment financing
act, 1996 PA 381, MCL 125.2651 to 125.2672, for response activities
at known or suspected facilities with redevelopment potential. Of
the money provided for in this subparagraph, not more than
$37,500,000.00 shall be used to provide grants and not more than
$37,500,000.00 shall be used to provide loans pursuant to the clean
Michigan initiative revolving loan program created in section
19608a. However, grants or loans provided for in this subparagraph
shall not be made to a local unit of government or a brownfield
redevelopment authority that is responsible for causing a release
or threat of release under part 201 at the site proposed for grant
or loan funding.
(v) Not more than $12,000,000.00 shall be used for grants
pursuant to the municipal landfill cost-share grant program under
section 20109a.
(b) Money allocated under section 19607(1)(b) shall be used
for waterfront redevelopment grants pursuant to part 795.
(c) Money allocated under section 19607(1)(c) shall be used
for response activities for the remediation of contaminated lake
and river sediments pursuant to part 201.
(d) Money allocated under section 19607(1)(d) shall be used
for nonpoint source pollution prevention and control grants or
wellhead protection grants pursuant to part 88. Agricultural
nonpoint source pollution prevention and control grants shall be
administered by the department of agriculture. Other grants under
this subdivision shall be administered by the department.
(e) Money allocated under section 19607(1)(e) shall be
deposited into the clean water fund created in section 8807.
(f) Money allocated under section 19607(1)(f) shall be
expended as follows:
(i) $10,000,000.00 shall be deposited into the retired
engineers technical assistance program fund created in section
14512.
(ii) $5,000,000.00 shall be deposited into the small business
pollution prevention assistance revolving loan fund created in
section 14513.
(iii) $5,000,000.00 shall be used by the department to implement
pollution prevention activities other than those funded under
subparagraphs (i) and (ii).
(g) Money that is allocated under section 19607(1)(g) shall be
used by the department of community health for remediation and
physical improvements to structures to abate or minimize exposure
of persons to lead hazards.
(h) Money allocated under section 19607(1)(h) shall be used
for infrastructure improvements at Michigan state parks as
determined by the department of natural resources. The installation
or upgrade of drinking water systems or rest room facilities shall
be the first priority.
(i) Money allocated under section 19607(1)(i) shall be used to
provide grants to local units of government for local recreation
projects pursuant to part 716.
(2) Of the money allocated under section 19607(1)(a),
$93,000,000.00 shall be used for facilities that pose an imminent
or substantial endangerment to the public health, safety, or
welfare, or to the environment. For purposes of this subsection,
facilities
that pose an imminent or substantial endangerment shall
include, but are not limited to, those where public access poses
hazards because of potential exposure to chemicals or safety risks
and where drinking water supplies are threatened by contamination.
(3) Before expending any funds allocated under subsection
(1)(c) at a site that is an area of concern as designated by the
parties to the Great Lakes water quality agreement, the department
shall notify the public advisory council established to oversee
that area of concern regarding the development, implementation, and
evaluation of response activities to be conducted with money in the
fund at that area of concern.
(4) Money in the fund shall not be used to develop a municipal
or commercial marina.
(5) Money provided in the fund may be used by the department
of treasury to pay for the cost of issuing bonds and by the
department, the department of agriculture, and the department of
natural resources to pay department costs as provided in this
subsection. Not more than 3% of the total amount specified in
section 19607(1)(a) to (f) shall be available for appropriation to
the department or the department of agriculture to pay its costs
directly associated with the completion of a project authorized by
section 19607(1)(a) to (f). Not more than 3% of the total amount
specified in section 19607(1)(h) and (i) shall be available for
appropriation to the department of natural resources to pay its
costs directly associated with the completion of a project
authorized by section 19607(1)(h) and (i). It is the intent of the
legislature that general fund appropriations to the department, to
the department of agriculture, and to the department of natural
resources shall not be reduced as a result of costs funded pursuant
to this subsection.
(6) A grant shall not be provided under this part for a
project that is located at any of the following:
(a) Land sited for use as a gaming facility or as a stadium or
arena for use by a professional sports team.
(b) Land or other facilities owned or operated by a gaming
facility or by a stadium or arena for use by a professional sports
team.
(c) Land within a project area described in a project plan
pursuant to the economic development corporations act, 1974 PA 338,
MCL 125.1601 to 125.1636, for a gaming facility.
(7) The department, the department of agriculture, the
department of natural resources, and the department of community
health shall each submit annually a list of all projects that will
be
undertaken by that the
administering state department that are
recommended to be funded under this part. The list shall be
submitted to the governor, the standing committees of the house of
representatives and the senate that primarily address issues
pertaining to the protection of natural resources and the
environment, and the appropriations committees in the house of
representatives and the senate. The list shall be submitted to the
legislative committees not later than February 15 of each year.
This list shall also be submitted before any request for
supplemental appropriation of bond funds. For each eligible
project, the list shall include the nature of the eligible project;
the county in which the eligible project is located; an estimate of
the total cost of the eligible project; and other information
considered pertinent by the administering state department. A
project that is funded by a grant or loan with money from the fund
does not need to be included on the list submitted under this
subsection. However, money in the fund that is appropriated for
grants and loans shall not be encumbered or expended until the
administering state department has reported those projects that
have been approved for a grant or a loan to the standing committees
of the house of representatives and the senate that primarily
address issues pertaining to the protection of natural resources
and the environment and to the appropriations subcommittees in the
house of representatives and the senate on natural resources and
environmental quality. Before submitting the first cycle of
recommended projects under subsection (1)(a), the department shall
publish and disseminate the criteria it will use in evaluating and
recommending these projects for funding.
(8) The legislature shall appropriate prospective or actual
bond proceeds for projects proposed to be funded. Appropriations
shall be carried over to succeeding fiscal years until the project
for which the funds are appropriated is completed.
(9) Not later than December 31 of each year, the department,
the department of agriculture, the department of natural resources,
and the department of community health shall each submit a list of
the projects financed under this part by that administering state
department to the governor, the standing committees of the house of
representatives and the senate that primarily address issues
pertaining to the protection of natural resources and the
environment, and the subcommittees of the house of representatives
and the senate on appropriations on natural resources and
environmental quality. Each list shall include the name, address,
and telephone number of the recipient or participant, if
appropriate; the name and location of the project; the nature of
the project; the amount of money allocated to the project; the
county in which the project is located; a brief summary of what has
been accomplished by the project; and other information considered
pertinent by the administering state department.
Sec. 19616. The department and the department of agriculture
may each promulgate rules as are necessary to implement this part.
Enacting section 1. Section 5315 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.5315, is
repealed.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5712(request no.
04881'05 *).
(b) Senate Bill No.____ or House Bill No. 5711(request no.
05471'05 *).
(c) Senate Bill No.____ or House Bill No. 5713(request no.
05472'05).
(d) Senate Bill No.____ or House Bill No. 5714(request no.
05473'05 *).
(e) Senate Bill No.____ or House Bill No. 5716(request no.
05814'06).