NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.21506a Refined petroleum fund; creation; deposit of money or other assets; investment; money remaining at close of fiscal year; expenditures; purposes; establishment of underground storage tank system cleanup advisory board; audit.
(1) The refined petroleum fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the refined petroleum fund. The state treasurer shall direct the investment of the refined petroleum fund. The state treasurer shall credit to the refined petroleum fund interest and earnings from refined petroleum fund investments.
(3) Money in the refined petroleum fund at the close of the fiscal year shall remain in the refined petroleum fund and shall not lapse to the general fund.
(4) Money from the refined petroleum fund shall be expended, upon appropriation, only for 1 or more of the following purposes:
(a) For gasoline inspection programs under both of the following:
(i) The weights and measures act, 1964 PA 283, MCL 290.601 to 290.634.
(ii) The motor fuels quality act, 1984 PA 44, MCL 290.641 to 290.650d.
(b) For the refined petroleum product cleanup initial program and for the department's administrative costs associated with the temporary reimbursement program.
(c) For implementation of the temporary reimbursement program.
(d) For corrective actions necessary to address releases of refined petroleum products under a refined petroleum product cleanup program established by law.
(e) For the reasonable administrative costs of the department, the department of agriculture, the department of attorney general, and the department of treasury in administering the refined petroleum fund and in implementing the programs receiving revenue from the refined petroleum fund.
(5) The department shall establish an underground storage tank system cleanup advisory board consisting of owners and operators of underground storage tank systems and other persons with knowledge and expertise in corrective actions associated with releases from underground storage tank systems and the financing of those corrective actions. Not later than March 1, 2013, the underground storage tank system cleanup advisory board shall submit a report to the department and the legislature that recommends a cleanup program, funded with money from the fund, that would assist owners and operators in financing corrective actions required under part 213.
(6) Not later than March 1, 2013, the auditor general shall conduct a financial audit of expenditures from the refined petroleum fund during the time period beginning October 12, 2004 through the effective date of the amendatory act that added this subsection.
History: Add. 2004, Act 390, Imd. Eff. Oct. 12, 2004
Am. 2006, Act 318, Imd. Eff. July 20, 2006
Am. 2007, Act 67, Imd. Eff. Sept. 28, 2007
Am. 2012, Act 113, Imd. Eff. May 1, 2012
Compiler's Notes: Enacting section 1 of Act 390 of 2004 provides:"Enacting section 1. The provisions of this amendatory act relating to the extension and collection of the regulatory fee provided for under this part and the obligation to pay the fee shall be applied retroactively. The requirement to impose and collect the regulatory fee and the obligation to pay the fee shall not be considered to have ceased at any time since the date the requirement and obligation were originally enacted into law. The requirement that this enacting section be applied retroactively extends to any regulatory fee imposed or collected even if it is alleged or determined that sufficient regulatory fees were collected to pay in full bonds or notes issued by the Michigan underground storage tank financial assurance authority.
Popular Name: Act 451
Popular Name: NREPA
© 2009 Legislative Council, State of Michigan