Bill Text: MI HB5343 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: State agencies (existing); natural resources; powers and duties of the department of environmental quality in charter township act; transfer to the department of natural resources. Amends sec. 14a of 1947 PA 359 (MCL 42.14a). TIE BAR WITH: SB 0807'09

Spectrum: Partisan Bill (Republican 19-0)

Status: (Introduced - Dead) 2009-09-15 - Printed Bill Filed 09/11/2009 [HB5343 Detail]

Download: Michigan-2009-HB5343-Introduced.html

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HOUSE BILL No. 5343

 

September 10, 2009, Introduced by Reps. Meltzer, Denby, Bolger, Tyler, Lund, DeShazor, Daley, Stamas, Hansen, Crawford, McMillin, Wayne Schmidt, Paul Scott, Ball, Marleau, Walsh, Knollenberg, Meekhof and Kowall and referred to the Committee on Appropriations.

 

     A bill to amend 1947 PA 359, entitled

 

"The charter township act,"

 

by amending section 14a (MCL 42.14a), as amended by 2002 PA 230.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 14a. (1) The township may borrow money and issue bonds on

 

the credit of the township for the purpose of constructing or

 

otherwise acquiring a public improvement that the township is

 

authorized to construct or otherwise acquire by law.

 

     (2) Bonds shall not be issued, except special assessment

 

bonds, bonds for the township portion of local improvements, and

 

bonds that the township board is authorized by specific statute to

 

issue without vote of the electors, unless approved by a majority

 

of the electors voting on the bonds at a general or special

 

election.

 

     (3) The net indebtedness of the township incurred for all

 

public purposes shall not exceed 10% of the assessed value of all

 

real and personal property in the township. In computing the net

 

indebtedness all of the following shall be deducted:

 

     (a) Bonds issued in anticipation of the collection of special

 

assessments, even though they are general obligations of the

 

township.

 

     (b) Revenue bonds, even though they are general obligations of

 

the township.

 

     (c) Bonds issued to comply with an order of the former water

 

resources commission, the former department of environmental

 

quality, the department of natural resources, or a court of

 

competent jurisdiction, even though they are a general obligation

 

of the township.

 

     (d) Bonds issued, or contract or assessment obligations

 

incurred, for water supply, sewerage, drainage, solid waste

 

disposal, and steam generation and distribution necessary to

 

protect the public health by abating pollution, even though they

 

are a general obligation of the township.

 

     (e) Bonds issued or contract or assessment obligations

 

incurred for the construction, improvement, or replacement of a

 

combined sewer overflow abatement facility. As used in this

 

subdivision:

 

     (i) "Combined sewer overflow" means a discharge from a combined

 

sewer system that occurs when the flow capacity of the combined

 

sewer system is exceeded.

 

     (ii) "Combined sewer overflow abatement facility" means any

 

works, instrumentalities, or equipment necessary or appropriate to

 

abate combined sewer overflows.

 

     (iii) "Combined sewer system" means a sewer designed and used to

 

convey both storm water runoff and sanitary sewage, and which

 

contains lawfully installed regulators and control devices that

 

allow for delivery of sanitary flow to treatment during dry weather

 

periods and divert storm water and sanitary sewage to surface

 

waters during storm flow periods.

 

     (iv) "Construction" means any action taken in the designing or

 

building of a combined sewer overflow abatement facility.

 

Construction includes, but is not limited to, all of the following:

 

     (A) Engineering services.

 

     (B) Legal services.

 

     (C) Financial services.

 

     (D) Design of plans and specifications.

 

     (E) Acquisition of land or structural components, or both.

 

     (F) Building, erection, alteration, remodeling, or extension

 

of a combined sewer overflow abatement facility.

 

     (G) Township supervision of the project activities described

 

in sub-subparagraphs (A) to (F).

 

     (v) "Improvement" means any action taken to expand,

 

rehabilitate, or restore a combined sewer overflow abatement

 

facility.

 

     (vi) "Replacement" means any action taken to obtain and install

 

equipment, accessories, or appurtenances during the useful life of

 

a combined sewer overflow abatement facility necessary to maintain

 

the capacity and performance for which the equipment, accessories,

 

or appurtenances are designed and constructed.

 

     (4) The resources of the sinking fund or debt retirement fund

 

pledged for retirement of outstanding bonds shall also be deducted

 

from the amount of the indebtedness.

 

     (5) Bonds are issued subject to the revised municipal finance

 

act, 2001 PA 34, MCL 141.2101 to 141.2821.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 807 or House Bill No.____ (request no.

 

04046'09) of the 95th Legislature is enacted into law.