June 17, 2008, Introduced by Senators JELINEK, PAPPAGEORGE, GARCIA and BROWN and referred to the Committee on Commerce and Tourism.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 20113 (MCL 324.20113), as amended by 1996 PA
383.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20113. (1) Money required to implement the programs
described under this part and to pay for response activities
recommended under this part shall be appropriated from the fund and
any other source the legislature considers necessary to implement
the requirements of this part.
(2) Money from the fund shall be appropriated only for
response activities at sites that have been subjected to the risk
assessment process described in section 20105.
(3) The department shall annually submit to the governor a
request for appropriation from the fund. The request will include a
lump sum amount for the purposes of subsection (4)(a) and a lump
sum amount for the purposes of subsection (4)(f). For the purposes
set forth in subsection (4)(b), (c), (d), and (e), the request
shall include a list of sites where the department is proposing to
expend
funds. The For each site,
the list shall include the
following
information for each site: the site's common
name, of the
site,
the response activities that are
planned to be conducted, and
the estimated amount of money that is needed to conduct the
response activities. The legislature shall approve by law the list
of sites to be addressed and shall provide a lump sum appropriation
for these sites based on the total estimated amount needed for the
approved sites.
(4) Money from the fund may be used, upon appropriation, for
the following as determined by the department:
(a) National priority list municipal landfill cost-share
grants to be approved by the board pursuant to section 20109a.
(b) Superfund match, which includes funding for any response
activity that is required to match federal dollars at a superfund
site as required under the comprehensive environmental response,
compensation,
and liability act of 1980, Public Law 96-510. , 94
Stat.
2767.
(c) Response activities to address actual or potential public
health or environmental problems.
(d)
Completion of response activities initiated by the this
state using environmental protection bond funds or completion of
response activities at facilities initiated by a person who was
liable
under this part prior to Public Act 71 before the effective
date
of 1995 PA 71 but is not liable
under section 20126, of this
part,
where such response activities have
ceased.
(e) Response activities at sites that will facilitate
redevelopment.
(f) Emergency response actions for sites to be determined by
the department.
(g) Grants for 1 or more of the following purposes:
(i) Research and development of new technologies for dealers to
process returnable containers under 1976 IL 1, MCL 445.571 to
445.576.
(ii) Retrofitting reverse vending machines to accommodate
technologies described in subparagraph (i).
(5) Money in the fund shall be expended first for the purposes
described in subsection (4)(b) and (f) and health or environmental
problems under subsection (4)(c) that are related to acute health
or environmental problems. Following these expenditures, not less
than 50% of the remaining money expended under this section shall
be expended for response activities that facilitate redevelopment
of urbanized areas. All additional expenditures under this section
shall be expended following the expenditures described in this
subsection. As used in this subsection, "urbanized area" means an
urbanized area as determined by the economics and statistics
administration, United States bureau of census, according to the
1990
2000 census.
(6) The total amount of funds expended by the department for
national priority list municipal landfill cost-share grants in a
fiscal year shall not exceed the lesser of 12% of the funds
appropriated
from the fund in a for
that fiscal year or
$6,000,000.00. in
a fiscal year.
(7) Not later than December 31 of each year, the department
shall provide to the governor, the senate and house of
representatives standing committees with jurisdiction over issues
pertaining to natural resources and the environment, and the senate
and house of representatives appropriations committees a list of
all projects financed under this part through the preceding fiscal
year. The list shall include the project site and location, the
nature of the project, the total amount of money authorized, the
total amount of money expended, and project status.