reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-6 - Chapter 6 Environmental Funding (324.19101...324.19708) › 451-1994-II-6-196 - Part 196 Clean Michigan Initiative Implementation (324.19601...324.19616) › Section 324.19602 - Findings and Declaration.

324.19602 Findings and declaration.
Sec. 19602.
The legislature finds and declares that the environmental and natural resources protection programs implemented under this part are a public purpose and of paramount public concern in the interest of the health, safety, and general welfare of the citizens of this state.
History:
Add. 1998, Act 288, Eff. Dec. 1, 1998
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-6 - Chapter 6 Environmental Funding (324.19101...324.19708) › 451-1994-II-6-196 - Part 196 Clean Michigan Initiative Implementation (324.19601...324.19616) › Section 324.19604 - Bonds as Negotiable and Exempt From Taxation.

324.19604 Bonds as negotiable and exempt from taxation.
Sec. 19604.
The bonds shall be fully negotiable under the uniform commercial code, 1962 PA 174, MCL 440.1101 to 440.11102. The bonds and the interest on the bonds shall be exempt from all taxation by the state or any political subdivision of the state.
History:
Add. 1998, Act 288, Eff. Dec. 1, 1998
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-6 - Chapter 6 Environmental Funding (324.19101...324.19708) › 451-1994-II-6-196 - Part 196 Clean Michigan Initiative Implementation (324.19601...324.19616) › Section 324.19605 - Bonds as Securities; Investment of Funds.

324.19605 Bonds as securities; investment of funds.
Sec. 19605.
The bonds are securities in which banks, savings and loan associations, investment companies, credit unions, and other persons carrying on a banking business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all administrators, executors, guardians, trustees, and other fiduciaries may properly and legally invest funds, including capital, belonging to them or within their control.
History:
Add. 1998, Act 288, Eff. Dec. 1, 1998
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-6 - Chapter 6 Environmental Funding (324.19101...324.19708) › 451-1994-II-6-196 - Part 196 Clean Michigan Initiative Implementation (324.19601...324.19616) › Section 324.19606 - Clean Michigan Initiative Bond Fund; Creation; Composition; Establishment of Restricted Subaccounts.

324.19606 Clean Michigan initiative bond fund; creation; composition; establishment of restricted subaccounts.
Sec. 19606.
(1) The clean Michigan initiative bond fund is created in the state treasury.
(2) The fund shall consist of all of the following:
(a) The proceeds of sales of the bonds and any premium and accrued interest received on the delivery of the bonds.
(b) Any interest or earnings generated by the proceeds described in subdivision (a).
(c) Any repayment of principal and interest made under a loan program authorized in this part.
(d) Any federal or other funds received.
(3) The department of treasury may establish restricted subaccounts within the fund as necessary to administer the fund.
History:
Add. 1998, Act 288, Eff. Dec. 1, 1998
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-6 - Chapter 6 Environmental Funding (324.19101...324.19708) › 451-1994-II-6-196 - Part 196 Clean Michigan Initiative Implementation (324.19601...324.19616) › Section 324.19608a - Clean Michigan Initiative Grant and Revolving Loan Program.

324.19608a Clean Michigan initiative grant and revolving loan program.
Sec. 19608a.
(1) The department shall create a clean Michigan initiative grant and revolving loan program for the purpose of making grants and loans to local units of government under section 19608(1)(a)(iv) for eligible activities at eligible properties with redevelopment potential.
(2) Grants provided under the clean Michigan initiative grant and revolving loan program that are used solely to determine whether a property is a site or a facility and, if so, to characterize the nature and extent of the contamination by means of an assessment or investigation shall be issued only if all of the following conditions are met:
(a) The characterization of the nature and extent of contamination includes an estimate of response activity costs in relation to the value of the property in an uncontaminated state and identifies future potential limitations on the use of the property based upon current environmental conditions.
(b) The property has demonstrable economic development potential. This subdivision does not require a specific development proposal to be identified.
(3) The department shall not make a grant or a loan under the clean Michigan initiative grant and revolving loan program unless all of the following conditions are met:
(a) The applicant demonstrates that the proposed project is in, 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 demonstrates to the department that there is an identifiable source of funds for the future maintenance and operation of the activities funded with money from the fund, if appropriate.
(d) Within the last 24 months, the applicant has successfully undergone an audit conducted in accordance with generally accepted auditing standards or an emergency manager has been appointed for the applicant under the local financial stability and choice act, 2012 PA 436, MCL 141.1541 to 141.1575.
(e) Within the last 24 months, the department has not revoked or terminated a grant to the applicant and the administering state department has not determined that the applicant demonstrated an inability to manage a grant.
History:
Add. 2003, Act 253, Imd. Eff. Dec. 29, 2003 ;-- Am. 2016, Act 473, Eff. Apr. 5, 2017
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-6 - Chapter 6 Environmental Funding (324.19101...324.19708) › 451-1994-II-6-196 - Part 196 Clean Michigan Initiative Implementation (324.19601...324.19616) › Section 324.19609 - Grant or Loan Application; Form or Format; Funds Under MCL 324.19608(1)(a)(iv).

324.19609 Grant or loan application; form or format; funds under MCL 324.19608(1)(a)(iv).
Sec. 19609.
(1) An application for a grant or a loan from the fund shall be made on a form or in a format prescribed by the administering state department. The administering state department may require the applicant to provide any information reasonably necessary to allow the administering state department to make a determination required by this part.
(2) Of the funds to be used to provide grants and loans under section 19608(1)(a)(iv), the following apply:
(a) The department shall accept, and consider for approval, applications for grants and loans throughout the year.
(b) The department shall make final application decisions within 90 days after receipt of a complete grant or loan application.
(c) A complete application includes all of the following:
(i) A description of the proposed eligible activities and the reasons they should be funded.
(ii) An itemized budget for the proposed eligible activities.
(iii) A schedule for the completion of the proposed eligible activities.
(iv) The location of the property.
(v) The current ownership and ownership history of the property.
(vi) The relevant history of the use of the property.
(vii) The current use of the property.
(viii) The existing and proposed future zoning of the property.
(ix) If the property is not owned by the applicant, a draft of an enforceable agreement between the property owner and the applicant that commits the property owner to cooperate with the applicant, including a commitment to allow access to the property to complete, at a minimum, the proposed eligible activities.
(x) A description of the property's economic redevelopment potential.
(xi) For loans, a resolution from the governing body of the applicant committing to repayment of the loan.
(xii) A letter from the chief executive officer or highest ranking appointed official indicating that the local unit of government supports the brownfield project and that the brownfield project complies with all local zoning and planning ordinances.
(xiii) Any other relevant information the department requires.
History:
Add. 1998, Act 288, Eff. Dec. 1, 1998 ;-- Am. 2016, Act 475, Eff. Apr. 5, 2017
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-6 - Chapter 6 Environmental Funding (324.19101...324.19708) › 451-1994-II-6-196 - Part 196 Clean Michigan Initiative Implementation (324.19601...324.19616) › Section 324.19610 - Funding Provided Under MCL 324.19608(1)(a)(iv); Application; Review; Considerations; Grants for Brownfield Projects.

324.19610 Funding provided under MCL 324.19608(1)(a)(iv); application; review; considerations; grants for brownfield projects.
Sec. 19610.
(1) Upon receipt of a grant or loan application, for funding provided under section 19608(1)(a)(iv), the department shall review the application based on the following considerations:
(a) Whether the brownfield project proposed to be funded is authorized by this part.
(b) Whether the brownfield project is consistent with the local planning and zoning for the area in which the project is located.
(c) Whether the brownfield project provides measurable environmental benefit.
(d) Whether the brownfield project provides measurable economic benefit or will significantly contribute to the local unit of government's economic and community redevelopment or the revitalization of adjacent neighborhoods.
(e) The viability of the redevelopment plan.
(f) The level of public and private commitment and other resources available for the project.
(g) How the brownfield project relates to a broader economic and community development plan for the local unit of government as a whole.
(h) Other criteria that the department considers relevant.
(2) The department shall issue grants under section 19608(1)(a)(iv) for brownfield projects that the department determines meet the requirements of this part and will contribute to the revitalization of underutilized properties.
History:
Add. 1998, Act 288, Eff. Dec. 1, 1998 ;-- Am. 2016, Act 475, Eff. Apr. 5, 2017
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-6 - Chapter 6 Environmental Funding (324.19101...324.19708) › 451-1994-II-6-196 - Part 196 Clean Michigan Initiative Implementation (324.19601...324.19616) › Section 324.19611 - Balancing Distribution of Grants and Loans; Considerations.

324.19611 Balancing distribution of grants and loans; considerations.
Sec. 19611.
(1) Prior to making a grant or loan with money from the fund, the administering state department shall consider the extent to which the making of the grant or loan contributes to the achievement of a balanced distribution of grants and loans throughout the state.
(2) In determining whether a grant or a loan is appropriate under section 19608(1)(a)(iv), the department shall consider whether the project is likely to be undertaken without state assistance, the availability of state funds from other sources, the degree of private sector participation in the type of project under consideration, and other factors considered important by the department.
History:
Add. 1998, Act 288, Eff. Dec. 1, 1998 ;-- Am. 2016, Act 475, Eff. Apr. 5, 2017
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-6 - Chapter 6 Environmental Funding (324.19101...324.19708) › 451-1994-II-6-196 - Part 196 Clean Michigan Initiative Implementation (324.19601...324.19616) › Section 324.19613 - Grants and Loans Under MCL 324.19608; Conditions.

324.19613 Grants and loans under MCL 324.19608; conditions.
Sec. 19613.
Of the funds to be used to provide grants and loans under section 19608(1)(a)(iv), all of the following conditions apply:
(a) A recipient of a grant shall receive not more than 1 grant per year not to exceed $1,000,000.00 per grant.
(b) A recipient of a loan shall receive a maximum of 1 loan per year not to exceed $1,000,000.00 per loan.
(c) A grant shall be awarded only if the department determines that both of the following apply:
(i) The property is a facility as defined in section 20101.
(ii) The proposed development of the property will result in measurable economic benefit in excess of the grant amount requested by the applicant.
(d) A loan shall be awarded only if the department determines that both of the following apply:
(i) The property is a facility as defined in section 20101 or is suspected of being a facility.
(ii) The property has economic development potential based on the applicant's planned use of the property.
History:
Add. 1998, Act 288, Eff. Dec. 1, 1998
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-6 - Chapter 6 Environmental Funding (324.19101...324.19708) › 451-1994-II-6-196 - Part 196 Clean Michigan Initiative Implementation (324.19601...324.19616) › Section 324.19614 - Recovery of Costs.

324.19614 Recovery of costs.
Sec. 19614.
The department and the department of the attorney general may recover costs expended pursuant to section 19608(1)(a)(i) to (iv) for corrective actions, response activities, site assessments, and all other recoverable costs under part 201 from persons who are liable under part 201. Actions to recover costs shall be undertaken in the manner provided in part 201.
History:
Add. 1998, Act 288, Eff. Dec. 1, 1998
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-6 - Chapter 6 Environmental Funding (324.19101...324.19708) › 451-1994-II-6-196 - Part 196 Clean Michigan Initiative Implementation (324.19601...324.19616) › Section 324.19615 - Performance Audit.

324.19615 Performance audit.
Sec. 19615.
Every 2 years that state programs funded with money from the fund continue to be administered, the auditor general shall conduct a performance audit of these programs. Upon completion of a performance audit under this section, the auditor general shall submit a copy of the performance audit to the audited department and to the legislature.
History:
Add. 1998, Act 288, Eff. Dec. 1, 1998
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-6 - Chapter 6 Environmental Funding (324.19101...324.19708) › 451-1994-II-6-196 - Part 196 Clean Michigan Initiative Implementation (324.19601...324.19616) › Section 324.19616 - Rules.

324.19616 Rules.
Sec. 19616.
The department may promulgate rules as are necessary to implement this part.
History:
Add. 1998, Act 288, Eff. Dec. 1, 1998
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-6 - Chapter 6 Environmental Funding (324.19101...324.19708) › 451-1994-II-6-197 - Part 197 Great Lakes Water Quality Bond Implementation (324.19701...324.19708) › Section 324.19701 - Definitions.

324.19701 Definitions.
Sec. 19701.
As used in this part:
(a) "Bonds" means the bonds authorized under the Great Lakes water quality bond authorization act.
(b) "Department" means the department of environmental quality.
(c) "Fund" means the Great Lakes water quality bond fund created in section 19706.
History:
Add. 2002, Act 397, Eff. Nov. 5, 2002
Compiler's Notes:
Enacting section 2 of Act 397 of 2002 provides:“Enacting section 2. This amendatory act does not take effect unless the question provided for in the Great Lakes water quality bond authorization act is approved by a majority of the registered electors voting on the question at the November 2002 general election.”Act 396 of 2002, the Great Lakes water quality bond authorization act, which was approved by the Governor on May 29, 2002, and filed with the Secretary of State on May 30, 2002, provided that bonds “shall not be issued under this act unless the question set forth in section 5 [MCL 324.95205] is approved by a majority vote of the registered electors voting on the question.” In accordance with Const 1963, art 9, sec 15, the question of borrowing a sum of not to exceed $1,000,000,000.00 and the issuance of general obligation bonds of the state for the purposes set forth in the act was submitted to, and approved by, the qualified electors of the state as Proposal 02-2 at the November 5, 2002, general election.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-6 - Chapter 6 Environmental Funding (324.19101...324.19708) › 451-1994-II-6-197 - Part 197 Great Lakes Water Quality Bond Implementation (324.19701...324.19708) › Section 324.19702 - Legislative Findings.

324.19702 Legislative findings.
Sec. 19702.
The legislature finds and declares that the environmental, natural resources, and water quality protection programs implemented under this part are a public purpose and of paramount public concern in the interest of the health, safety, and general welfare of the citizens of this state.
History:
Add. 2002, Act 397, Eff. Nov. 5, 2002
Compiler's Notes:
Enacting section 2 of Act 397 of 2002 provides:“Enacting section 2. This amendatory act does not take effect unless the question provided for in the Great Lakes water quality bond authorization act is approved by a majority of the registered electors voting on the question at the November 2002 general election.”Act 396 of 2002, the Great Lakes water quality bond authorization act, which was approved by the Governor on May 29, 2002, and filed with the Secretary of State on May 30, 2002, provided that bonds “shall not be issued under this act unless the question set forth in section 5 [MCL 324.95205] is approved by a majority vote of the registered electors voting on the question.” In accordance with Const 1963, art 9, sec 15, the question of borrowing a sum of not to exceed $1,000,000,000.00 and the issuance of general obligation bonds of the state for the purposes set forth in the act was submitted to, and approved by, the qualified electors of the state as Proposal 02-2 at the November 5, 2002, general election.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-6 - Chapter 6 Environmental Funding (324.19101...324.19708) › 451-1994-II-6-197 - Part 197 Great Lakes Water Quality Bond Implementation (324.19701...324.19708) › Section 324.19703a - Issuance of Bonds; Conditions; Report; "Fundable Range" Defined.

324.19703a Issuance of bonds; conditions; report; "fundable range" defined.
Sec. 19703a.
(1) Bonds issued under this part are subject to the following:
(a) For the state fiscal year ending on September 30, 2011, bonds must not be issued or expended under this part for the purposes of section 5204b, unless the department of natural resources and environment has established a fundable range of at least $210,000,000.00 for that state fiscal year to fund projects under the state water pollution control revolving fund created in section 16a of the shared credit rating act, 1985 PA 227, MCL 141.1066a.
(b) For the state fiscal year ending on September 30, 2012, bonds must not be issued or expended under this part for the purposes of section 5204b, unless the department of natural resources and environment has established a fundable range of at least $259,000,000.00 for that state fiscal year to fund projects under the state water pollution control revolving fund created in section 16a of the shared credit rating act, 1985 PA 227, MCL 141.1066a, to the extent administratively possible and as long as sufficient applications have been submitted to the department of natural resources and environment.
(c) For each state fiscal year beginning with the state fiscal year ending September 30, 2013, the department of natural resources and environment, in conjunction with the department of treasury, shall seek to fully fund all eligible projects applying for assistance under part 53, to the extent administratively possible, utilizing the bond proceeds under this part as necessary to achieve this goal.
(2) If the department of natural resources and environment is not able to establish a fundable range under subsection (1)(b) of at least $259,000,000.00, the department of natural resources and environment shall submit to the standing committees of the senate and house of representatives with jurisdiction over issues primarily pertaining to natural resources and the environment a report detailing the reasons why the fundable range was not set at this level.
(3) As used in this section, "fundable range" means that term as it is defined in section 5301.
History:
Add. 2010, Act 232, Imd. Eff. Dec. 14, 2010 ;-- Am. Act 132, Imd. Eff. June 30, 2022
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-6 - Chapter 6 Environmental Funding (324.19101...324.19708) › 451-1994-II-6-197 - Part 197 Great Lakes Water Quality Bond Implementation (324.19701...324.19708) › Section 324.19704 - Bonds as Negotiable.

324.19704 Bonds as negotiable.
Sec. 19704.
The bonds shall be fully negotiable under the uniform commercial code, 1962 PA 174, MCL 440.1101 to 440.11102. The bonds and the interest on the bonds shall be exempt from all taxation by the state or any political subdivision of the state.
History:
Add. 2002, Act 397, Eff. Nov. 5, 2002
Compiler's Notes:
Enacting section 2 of Act 397 of 2002 provides:“Enacting section 2. This amendatory act does not take effect unless the question provided for in the Great Lakes water quality bond authorization act is approved by a majority of the registered electors voting on the question at the November 2002 general election.”Act 396 of 2002, the Great Lakes water quality bond authorization act, which was approved by the Governor on May 29, 2002, and filed with the Secretary of State on May 30, 2002, provided that bonds “shall not be issued under this act unless the question set forth in section 5 [MCL 324.95205] is approved by a majority vote of the registered electors voting on the question.” In accordance with Const 1963, art 9, sec 15, the question of borrowing a sum of not to exceed $1,000,000,000.00 and the issuance of general obligation bonds of the state for the purposes set forth in the act was submitted to, and approved by, the qualified electors of the state as Proposal 02-2 at the November 5, 2002, general election.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-6 - Chapter 6 Environmental Funding (324.19101...324.19708) › 451-1994-II-6-197 - Part 197 Great Lakes Water Quality Bond Implementation (324.19701...324.19708) › Section 324.19705 - Bonds as Securities.

324.19705 Bonds as securities.
Sec. 19705.
The bonds are securities in which banks, savings and loan associations, state authorities, investment companies, credit unions, and other persons carrying on a banking business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all administrators, executors, guardians, trustees, and other fiduciaries may properly and legally invest funds, including capital, belonging to them or within their control.
History:
Add. 2002, Act 397, Eff. Nov. 5, 2002
Compiler's Notes:
Enacting section 2 of Act 397 of 2002 provides:“Enacting section 2. This amendatory act does not take effect unless the question provided for in the Great Lakes water quality bond authorization act is approved by a majority of the registered electors voting on the question at the November 2002 general election.”Act 396 of 2002, the Great Lakes water quality bond authorization act, which was approved by the Governor on May 29, 2002, and filed with the Secretary of State on May 30, 2002, provided that bonds “shall not be issued under this act unless the question set forth in section 5 [MCL 324.95205] is approved by a majority vote of the registered electors voting on the question.” In accordance with Const 1963, art 9, sec 15, the question of borrowing a sum of not to exceed $1,000,000,000.00 and the issuance of general obligation bonds of the state for the purposes set forth in the act was submitted to, and approved by, the qualified electors of the state as Proposal 02-2 at the November 5, 2002, general election.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-6 - Chapter 6 Environmental Funding (324.19101...324.19708) › 451-1994-II-6-197 - Part 197 Great Lakes Water Quality Bond Implementation (324.19701...324.19708) › Section 324.19706 - Great Lakes Water Quality Bond Fund; Creation; Subaccounts.

324.19706 Great Lakes water quality bond fund; creation; subaccounts.
Sec. 19706.
(1) The Great Lakes water quality bond fund is created in the state treasury.
(2) The fund shall consist of all of the following:
(a) The proceeds of sales of the bonds sold at public or private sale and any premium and accrued interest received on the delivery of the bonds.
(b) Any interest or earnings generated by the proceeds described in subdivision (a).
(c) Any federal or other funds received.
(3) The department of treasury may establish restricted subaccounts within the fund as necessary to administer the fund.
History:
Add. 2002, Act 397, Eff. Nov. 5, 2002
Compiler's Notes:
Enacting section 2 of Act 397 of 2002 provides:“Enacting section 2. This amendatory act does not take effect unless the question provided for in the Great Lakes water quality bond authorization act is approved by a majority of the registered electors voting on the question at the November 2002 general election.”Act 396 of 2002, the Great Lakes water quality bond authorization act, which was approved by the Governor on May 29, 2002, and filed with the Secretary of State on May 30, 2002, provided that bonds “shall not be issued under this act unless the question set forth in section 5 [MCL 324.95205] is approved by a majority vote of the registered electors voting on the question.” In accordance with Const 1963, art 9, sec 15, the question of borrowing a sum of not to exceed $1,000,000,000.00 and the issuance of general obligation bonds of the state for the purposes set forth in the act was submitted to, and approved by, the qualified electors of the state as Proposal 02-2 at the November 5, 2002, general election.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-6 - Chapter 6 Environmental Funding (324.19101...324.19708) › 451-1994-II-6-197 - Part 197 Great Lakes Water Quality Bond Implementation (324.19701...324.19708) › Section 324.19707 - Bond Proceeds; Disposition; Investment; Expenditure; Tax Exempt Status; Funds Remaining at Close of Fiscal Year; Annual Accounting.

324.19707 Bond proceeds; disposition; investment; expenditure; tax exempt status; funds remaining at close of fiscal year; annual accounting.
Sec. 19707.
(1) The total proceeds of all bonds sold at public or private sale shall be deposited into the fund.
(2) The state treasurer shall direct the investment of the fund.
(3) The bond proceeds shall be expended in an appropriate manner that maintains the tax exempt status of any bonds issued as tax exempt bonds.
(4) The unencumbered balance in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
(5) The department shall provide an annual accounting of bond proceeds spending on a cash basis to the department of treasury. This accounting shall be submitted to the governor, the standing committees of the house of representatives and the senate that primarily address issues pertaining to the protection of natural resources and the environment, and the appropriations committees in the house of representatives and the senate.
History:
Add. 2002, Act 397, Eff. Nov. 5, 2002
Compiler's Notes:
Enacting section 2 of Act 397 of 2002 provides:“Enacting section 2. This amendatory act does not take effect unless the question provided for in the Great Lakes water quality bond authorization act is approved by a majority of the registered electors voting on the question at the November 2002 general election.”Act 396 of 2002, the Great Lakes water quality bond authorization act, which was approved by the Governor on May 29, 2002, and filed with the Secretary of State on May 30, 2002, provided that bonds “shall not be issued under this act unless the question set forth in section 5 [MCL 324.95205] is approved by a majority vote of the registered electors voting on the question.” In accordance with Const 1963, art 9, sec 15, the question of borrowing a sum of not to exceed $1,000,000,000.00 and the issuance of general obligation bonds of the state for the purposes set forth in the act was submitted to, and approved by, the qualified electors of the state as Proposal 02-2 at the November 5, 2002, general election.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20101c - Property With Deposit of Stamp Sands; Regulation.

324.20101c Property with deposit of stamp sands; regulation.
Sec. 20101c.
Property onto which stamp sands have been deposited is not subject to regulation under this part unless the property otherwise contains hazardous substances in excess of the concentrations that satisfy cleanup criteria for unrestricted residential use.
History:
Add. 2014, Act 258, Eff. Mar. 31, 2015 ;-- Am. 2014, Act 542, Imd. Eff. Jan. 15, 2015
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20102a - Applicability of Provisions in Effect on May 1, 1995 to Certain Actions; Incorporation by Reference; Approval of Changes in Response Activity Plan.

324.20102a Applicability of provisions in effect on May 1, 1995 to certain actions; incorporation by reference; approval of changes in response activity plan.
Sec. 20102a.
(1) Notwithstanding any other provision of this part, the following actions shall be governed by the provisions of this part that were in effect on May 1, 1995:
(a) Any judicial action or claim in bankruptcy that was initiated by any person on or before May 1, 1995 under this part.
(b) An administrative order that was issued on or before May 1, 1995 pursuant to section 20119.
(c) An enforceable agreement with the state entered into on or before May 1, 1995 by any person under this part.
(2) For purposes of this section, the provisions of this part that were in effect on May 1, 1995 are hereby incorporated by reference.
(3) Notwithstanding subsection (1), upon request of a person implementing response activity, the department shall approve changes in a plan for response activity to be consistent with sections 20118 and 20120a.
History:
Add. 1995, Act 71, Imd. Eff. June 5, 1995
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20103 - Federal Assistance.

324.20103 Federal assistance.
Sec. 20103.
The department shall seek federal assistance for response activities required at facilities in this state.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20104 - Coordination of Activities; Rules; Guideline, Bulletin, Interpretive Statement, or Operational Memorandum Not Binding on Person; Damages; Use of Nonuse Valuation Methods; Applicability of Provisions to Certain Bankruptcy Actions or Claims.

324.20104 Coordination of activities; rules; guideline, bulletin, interpretive statement, or operational memorandum not binding on person; damages; use of nonuse valuation methods; applicability of provisions to certain bankruptcy actions or claims.
Sec. 20104.
(1) The department shall coordinate all activities required under this part and may promulgate rules necessary to implement this part.
(2) A guideline, bulletin, interpretive statement, or operational memorandum under this part shall not be given the force and effect of law. A guideline, bulletin, interpretive statement, or operational memorandum under this part is not legally binding on any person.
(3) Claims for natural resource damages may be pursued only in accordance with principles of scientific and economic validity and reliability. Contingent nonuse valuation methods or similar nonuse valuation methods shall not be utilized and damages shall not be recovered for nonuse values unless and until rules are promulgated that establish an appropriate means of determining such damages.
(4) A contingent nonuse valuation method or similar nonuse valuation method shall not be utilized for natural resource damage calculations unless a determination is made by the department that such a method satisfies principles of scientific and economic validity and reliability and rules for utilizing a contingent nonuse valuation method or a similar nonuse valuation method are subsequently promulgated.
(5) The provisions in this section related to natural resource damages as added by 1995 PA 71 do not apply to any judicial or administrative action or claim in bankruptcy initiated on or before March 1, 1995.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 71, Imd. Eff. June 5, 1995 ;-- Am. 2010, Act 229, Imd. Eff. Dec. 14, 2010 ;-- Am. 2012, Act 446, Imd. Eff. Dec. 27, 2012
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
Popular Name:
NREPA
Admin Rule:
R 299.5101 et seq. and R 299.51001 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20104a - Brownfield Redevelopment Board; Creation; Membership; Quorum; Business Conducted at Public Meeting; Writings Subject to Freedom of Information Act; Duties and Responsibilities.

324.20104a Brownfield redevelopment board; creation; membership; quorum; business conducted at public meeting; writings subject to freedom of information act; duties and responsibilities.
Sec. 20104a.
(1) The brownfield redevelopment board is created within the department.
(2) The board shall consist of the following members:
(a) The director or his or her designee.
(b) The director of the department of technology, management, and budget or his or her designee.
(c) The chief executive officer of the Michigan economic development corporation or his or her designee.
(3) A majority of the members of the board constitute a quorum for the transaction of business at a meeting of the board.
(4) The business which the board may perform shall be conducted at a public meeting of the board held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(5) A writing prepared, owned, used, in the possession of, or retained by the board in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(6) The board shall implement the duties and responsibilities as provided in this part and as otherwise provided by law.
History:
Add. 1996, Act 383, Imd. Eff. July 24, 1996 ;-- Am. 2010, Act 229, Imd. Eff. Dec. 14, 2010
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
Popular Name:
NREPA
Compiler's Notes:
For transfer of a position on Brownfield redevelopment board designated for the chief executive officer of Michigan jobs commission to the director of department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20105 - Repealed. 2010, Act 228, Imd. Eff. Dec. 14, 2010.

324.20105 Repealed. 2010, Act 228, Imd. Eff. Dec. 14, 2010.
Compiler's Notes:
The repealed section pertained to duties of department upon discovery of contaminated site, inclusion of site on list, notification of inclusion on site, and removal of property from list.
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20105a - Sites Receiving State Funds to Conduct Response Activities; Compilation, Arrangement, and Submission of List.

324.20105a Sites receiving state funds to conduct response activities; compilation, arrangement, and submission of list.
Sec. 20105a.
The department shall annually compile a list of sites that are receiving state funds to conduct response activities. This list shall be arranged in alphabetical order. The department shall annually submit this list to the legislature.
History:
Add. 1995, Act 71, Imd. Eff. June 5, 1995
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20106 - Level of Funding; Recommendation of Governor.

324.20106 Level of funding; recommendation of governor.
Sec. 20106.
(1) The governor shall include in his or her annual budget recommendations to the legislature a recommended level of funding to provide for the activities necessary to implement this part.
(2) The governor's recommendations under this section shall be accompanied by a site specific description of the extent of known or suspected environmental contamination, the recommended response activities to be undertaken, and an estimate of cost of those response activities.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20107 - Tearing Down, Removing, or Destroying Sign or Notice as Misdemeanor; Penalty.

324.20107 Tearing down, removing, or destroying sign or notice as misdemeanor; penalty.
Sec. 20107.
A person who willfully tears down, removes, or destroys any sign or notice warning of the presence of hazardous substances or marking boundaries of a facility subject to response activity under this part is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 71, Imd. Eff. June 5, 1995
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20108 - Cleanup and Redevelopment Fund; Creation; Deposit of Assets Into Fund; Subaccounts; Unexpended Balance to Be Carried Forward.

324.20108 Cleanup and redevelopment fund; creation; deposit of assets into fund; subaccounts; unexpended balance to be carried forward.
Sec. 20108.
(1) The cleanup and redevelopment fund is created in the state treasury.
(2) 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. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) In addition to the money received under subsection (2), the fund shall receive as revenue money collected by the attorney general in actions filed under this part, collected by the state under this part, or collected by a person under section 20135(2). Money collected and placed into the fund under this subsection may be earmarked by the department for use at specific sites.
(4) The state treasurer may establish subaccounts within the fund, and shall establish a subaccount for all money in the former environmental response fund on the effective date of the 1996 amendments to this section. Proceeds of all cost recovery actions taken and settlements entered into pursuant to this part, excluding natural resource damages, by the department or the attorney general, or both, shall be credited to this subaccount.
(5) An unexpended balance within the fund at the close of the fiscal year shall be carried forward to the following fiscal year.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1996, Act 380, Imd. Eff. July 24, 1996
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
Popular Name:
NREPA