Bill Text: MI SB0909 | 2015-2016 | 98th Legislature | Enrolled
Bill Title: Environmental protection; funding; environmental protection bond fund; modify criteria for grants. Amends secs. 19511, 19512 & 19513 of 1994 PA 451 (MCL 324.19511 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-12-30 - Assigned Pa 0472'16 12/30/16 Addenda [SB0909 Detail]
Download: Michigan-2015-SB0909-Enrolled.html
STATE OF MICHIGAN
98TH LEGISLATURE
REGULAR SESSION OF 2016
Introduced by Senator Schmidt
ENROLLED SENATE BILL No. 909
AN ACT to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 19511, 19512, and 19513 (MCL 324.19511, 324.19512, and 324.19513), as added by 1995 PA 60.
The People of the State of Michigan enact:
Sec. 19511. The department shall not make a grant or a loan under section 19508(1)(a) or (b) unless all of the following conditions are met:
(a) The applicant demonstrates that the proposed project is in compliance with or will result in compliance with all applicable state laws and rules.
(b) The applicant demonstrates to the department the capability to carry out the proposed project.
(c) The applicant provides the department with evidence that a licensed professional engineer has approved the plans and specifications for the project, if appropriate.
(d) The applicant demonstrates to the department that there is an identifiable source of funds for the future maintenance and operation of the proposed project.
(e) Notwithstanding any other provision of this section, for grant projects approved for funding under section 19508(1)(a) on or after the effective date of the 2016 amendatory act that amended this section, subdivisions (a) to (d) do not apply and the department shall apply the same application requirements provided for a grant or loan in section 19609.
Sec. 19512. (1) A recipient of a grant or a loan made under section 19508(1)(a) or (b) must comply with all of the following:
(a) A recipient shall keep an accounting of the money spent on the project or facility in a generally accepted manner. The accounting is subject to a postaudit.
(b) A recipient shall obtain authorization from the department before implementing a change that significantly alters the proposed project or facility.
(2) The department may revoke a grant or a loan made by it under this part or withhold payment if the recipient fails to comply with the terms and conditions of the grant or loan or with the requirements of this part or the rules promulgated under this part.
(3) The department may recover a grant if the project for which the grant was made never operates.
(4) The department may withhold a grant or a loan until the department determines that the recipient is able to proceed with the proposed project or facility.
(5) To assure timely completion of a project, the department may withhold 10% of the grant or loan amount until the project is complete.
(6) Notwithstanding any other provision of this section, for grant projects approved for funding under section 19508(1)(a) on or after the effective date of the 2016 amendatory act that amended this section, subsections (1) to (5) do not apply and the recipient of any grant or loan must comply with the requirements of section 19612.
Sec. 19513. (1) The department may promulgate rules as are necessary or required to implement this part.
(2) For grant projects funded under section 19508(1)(a), the department shall not implement or enforce R 299.5051 to R 299.5061 related to any grant or loan authorized or approved on or after the effective date of the 2016 amendatory act that amended this section.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 98th Legislature are enacted into law:
(a) Senate Bill No. 908.
(b) Senate Bill No. 910.
(c) Senate Bill No. 911.
(d) Senate Bill No. 912.
(e) Senate Bill No. 913.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
