HOUSE BILL No. 6045

 

November 28, 2012, Introduced by Rep. Ananich and referred to the Committee on Energy and Technology.

 

     A bill to amend 2008 PA 295, entitled

 

"Clean, renewable, and efficient energy act,"

 

(MCL 460.1001 to 460.1195) by adding section 135.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 135. (1) As used in this section:

 

     (a) "Fund" means the weatherization, heating, and energy

 

efficiency loans for schools fund created in subsection (2).

 

     (b) "School district" means any of the following:

 

     (i) A school district as defined in section 6 of the revised

 

school code, 1976 PA 451, MCL 380.6.

 

     (ii) An intermediate school district as defined in section 4 of

 

the revised school code, 1976 PA 451, MCL 380.4.

 


     (iii) A public school academy as defined in section 5 of the

 

revised school code, 1976 PA 451, MCL 380.5.

 

     (2) The weatherization, heating, and energy efficiency loans

 

for schools fund is created within the state treasury. 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. Subject to approval by the director of the

 

department of licensing and regulatory affairs, a local unit of

 

government, public utility, or other legally organized entity may

 

provide money for deposit in the fund with a restriction limiting

 

the contribution for use within a limited geographical area of this

 

state. The state treasurer shall credit to the fund interest and

 

earnings from fund investments. Money in the fund at the close of

 

the fiscal year shall remain in the fund and shall not lapse to the

 

general fund. The department of licensing and regulatory affairs

 

shall be the administrator of the fund for auditing purposes.

 

     (3) The department of licensing and regulatory affairs shall

 

expend money from the fund, upon appropriation, only for the

 

following projects:

 

     (a) Weatherizing, upgrading, and retrofitting of public

 

elementary and secondary schools to improve energy efficiency,

 

decrease fuel costs, increase use of alternative fuels, or decrease

 

emissions of air pollutants.

 

     (b) Retrofitting public school buses to operate on compressed

 

natural gas or other alternative fuels or to operate with high-

 

efficiency types of engines such as hybrid electric engines.

 

     (c) Replacing public school buses with school buses that

 


operate on compressed natural gas or other alternative fuels or

 

that operate with high-efficiency engines such as hybrid electric

 

engines.

 

     (d) Reducing the loan repayment burden of a school district

 

with an outstanding loan on the effective date of this section that

 

was obtained for 1 or more of the purposes described in

 

subdivisions (a) through (c).

 

     (e) Reducing the loan repayment burden of a school district

 

financing a project using the fund.

 

     (f) Creating financial incentives for school districts to

 

undertake energy efficiency, renewable energy, and energy

 

conservation projects that may not result in significant energy

 

cost savings.

 

     (g) Paying the additional administrative expenses incurred by

 

the state treasurer, the department of licensing and regulatory

 

affairs, the department of education, or another state agency as a

 

result of directing the fund.

 

     (4) Expenditures from the fund for the purposes of subsection

 

(3)(a) to (c) shall be in the form of grants or loans. A loan shall

 

be repaid in amounts that annually do not exceed the annual energy

 

or other cost savings realized by a school district as a result of

 

the project financed by the loan.

 

     (5) By June 1, 2013, the director of the department of

 

licensing and regulatory affairs shall develop an application

 

process for school districts to follow when requesting financing

 

from the fund, including application forms and the submission of a

 

plan to monitor and verify energy cost savings resulting from the

 


project.

 

     (6) The director of the department of licensing and regulatory

 

affairs shall make a decision on an application after considering

 

at least all of the following factors:

 

     (a) The comprehensiveness of the project and whether it is

 

designed to attain compliance with standards set in state fire or

 

safety codes.

 

     (b) The use of matching funds from other governmental or

 

private sources.

 

     (c) The need for the project, including the need of the

 

applicant to reduce energy costs.

 

     (d) The cost savings expected to be realized as a result of

 

the proposed project.

 

     (e) The applicant's plan to monitor and verify energy cost

 

savings from the project.

 

     (f) The expected repayment period of any financing required

 

for a project.

 

     (g) The solvency of the applicant and, if the applicant has

 

applied for a loan from the fund, the applicant's ability to repay

 

the loan.

 

     (h) The applicant's previous success completing projects

 

financed by the fund and repaying loans made under the fund.

 

     (i) The number and duration of new jobs likely to be created

 

as a result of the project.

 

     (j) Whether money subject to geographical use restrictions

 

under subsection (2) is available from the fund for the project.

 

     (7) By December 1, 2013 and each year thereafter, the director

 


of the department of licensing and regulatory affairs shall submit

 

to the legislature a report on all of the following:

 

     (a) For each project financed with an expenditure from the

 

fund in the prior state fiscal year, a description of the project,

 

the amount expended, and the recipient of the expenditures.

 

     (b) The total amount expended from the fund in the prior state

 

fiscal year and since the creation of the fund.

 

     (c) For each project financed with a loan from the fund before

 

the prior state fiscal year and for which the loan has not yet been

 

fully repaid, a description of the project, the amount due on the

 

loan, and the recipient of the loan.

 

     (8) Notwithstanding section 191, pursuant to the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328, the director of the department of licensing and regulatory

 

affairs shall promulgate rules to implement this section.