SENATE BILL No. 678

 

 

June 30, 2005, Introduced by Senators BROWN, BIRKHOLZ, ALLEN, VAN WOERKOM, GILBERT, PATTERSON, CROPSEY, KUIPERS, BISHOP and GEORGE and referred to the Committee on Natural Resources and Environmental Affairs.

 

 

 

     A bill to amend the Initiated Law of 1976, entitled

 

"A petition to initiate legislation to provide for the use of

returnable containers for soft drinks, soda water, carbonated

natural or mineral water, other nonalcoholic carbonated drink, and

for beer, ale, or other malt drink of whatever alcoholic content,

and for certain other beverage containers; to provide for the use

of unredeemed bottle deposits; to prescribe the powers and duties

of certain state agencies and officials; and to prescribe penalties

and provide remedies,"

 

by amending section 3f (MCL 445.573f), as added by 1996 PA 384.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3f. (1) The community pollution prevention fund is

 

created within the state treasury.

 

     (2) The state treasurer may receive money or other assets from

 

any source for deposit into the community pollution prevention

 

fund. The state treasurer shall direct the investment of the


 

community pollution prevention fund. The state treasurer shall

 

credit to the community pollution prevention fund interest and

 

earnings from fund investments.

 

     (3) Money in the community pollution prevention fund at the

 

close of the fiscal year shall remain in the community pollution

 

prevention fund and shall not lapse to the general fund.

 

     (4) The department of environmental quality shall expend

 

$1,000,000.00 from the community pollution prevention fund as

 

follows:

 

     (a) To develop and implement a program for statewide education

 

of the citizens of this state regarding recycling of waste

 

material. Money expended under this subdivision may be expended for

 

a program established under section 611a of the driver education

 

and training schools act, 1974 PA 369, MCL 256.611a.

 

     (b) To fund the recycling advisory council created in section

 

17302 of the natural resources and environmental protection act,

 

1994 PA 451, MCL 324.17302.

 

     (5)  (4) The  After making the expenditure under subsection

 

(4), the department of environmental quality shall expend interest

 

and earnings of the community pollution prevention fund only, upon

 

appropriation, for grants for the purpose of preventing pollution,

 

with an emphasis on the prevention of groundwater contamination and

 

resulting risks to the public health, ecological risks, and public

 

and private cleanup costs. The department of environmental quality

 

shall enter into contractual agreements with grant recipients, who

 

shall include county governments, local health departments,

 

municipalities, and regional planning agencies. Activities to be


 

performed by grant recipients and program objectives and

 

deliverables shall be specified in the contractual agreements.

 

Grant recipients shall provide a financial match of not less than

 

25% nor more than 50%. Not more than $100,000.00 may be granted in

 

any fiscal year to a single recipient. Eligible pollution

 

prevention activities include all of the following:

 

     (a) Drinking water wellhead protection, including the

 

delineation of wellhead protection areas and implementation of

 

wellhead protection plans pursuant to the safe drinking water act,

 

Act No. 399 of the Public Acts of 1976, being sections 325.1001 to

 

325.1023 of the Michigan Compiled Laws  1976 PA 399, MCL 325.1001

 

to 325.1023.

 

     (b) The review of pollution incident prevention plans prepared

 

by, and the inspection of, facilities whose storage or handling of

 

hazardous materials may pose a risk to the groundwater.

 

     (c) The identification and plugging of abandoned wells other

 

than oil and gas wells.

 

     (d) Programs to educate the general public and businesses that

 

use or handle hazardous materials on pollution prevention methods,

 

technologies, and processes, with an emphasis on the direct

 

reduction of toxic material releases or disposal at the source.

 

     (6)  (5)  The department of environmental quality shall

 

annually prepare a report summarizing the grants made under  this

 

section  subsection (4), contractual commitments made and achieved,

 

and a preliminary evaluation of the effectiveness of this section

 

not later than September 30, 1997, and September 30 of each year

 

thereafter, and shall provide a copy of this report to the chairs


 

of the house and senate appropriations subcommittees for the

 

department of environmental quality.

 

     Enacting section 1. 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. 676.                                   

 

            

 

     (b) Senate Bill No. 681.