SENATE BILL No. 1395

 

 

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.