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-6-191 - Part 191 Clean Michigan Fund (324.19101...324.19121) › Section 324.19104 - Clean Michigan Fund; Creation; Appropriations, Gifts, and Donations; Expenditures.

324.19104 Clean Michigan fund; creation; appropriations, gifts, and donations; expenditures.
Sec. 19104.
The clean Michigan fund is created in the state treasury. The fund shall consist of appropriations from the general fund or any other fund, as provided by law, and any gifts and donations to the fund. The fund shall be expended only for the programs described in this part and for the staffing and administrative costs to the department of administering those programs.
History:
1994, Act 451, Eff. Mar. 30, 1995
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibilities of the Waste Management Division to the Director of the Michigan Department of Environmental Quality, see E.R.O. No. 1995-16, compiled at MCL 324.99901 of the Michigan Compiled Laws.
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-6-191 - Part 191 Clean Michigan Fund (324.19101...324.19121) › Section 324.19106 - Waste Stream Assessments.

324.19106 Waste stream assessments.
Sec. 19106.
(1) The department shall cause to be conducted a series of waste stream assessments in representative areas of the state. The assessments shall determine the characteristics of the waste stream and document seasonal fluctuations in the volume of waste.
(2) The department shall select a site for a waste stream assessment subject to the following prerequisites:
(a) The site is located in a county that has an approved solid waste management plan.
(b) The approved solid waste management plan for the county proposes some type of resource recovery.
(c) The site has not been the subject of an adequate waste stream assessment within the 5 years before the assessment authorized by this part is performed.
(3) The department shall consider the following in determining appropriate sites for inclusion in the waste stream assessment:
(a) The extent to which the owners of the disposal areas in the proposed study site will do the following:
(i) Provide an area on the site for scales and for composition studies.
(ii) Provide temporary shelter for work during inclement weather.
(iii) Enlist the cooperation of solid waste haulers.
(b) The likelihood that a resource recovery project or projects will be undertaken at the proposed site.
(c) The likelihood that the data resulting from the assessment of the proposed site will be usable or useful in evaluating the waste stream in other similar areas of the state.
(d) The extent to which selection of the site contributes to the achievement of a balanced distribution of assessments throughout the state.
(e) The availability of a scale at the proposed site.
(4) The department shall not expend more than 5% of the total amount in the fund in any state fiscal year on the assessments described in this section. The department shall not expend more than $50,000.00 for any single assessment conducted under this section.
History:
1994, Act 451, Eff. Mar. 30, 1995
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-6-191 - Part 191 Clean Michigan Fund (324.19101...324.19121) › Section 324.19107 - Recycling and Composting Feasibility Studies.

324.19107 Recycling and composting feasibility studies.
Sec. 19107.
(1) The department shall cause to be conducted a series of recycling and composting feasibility studies. A study shall establish a basis upon which a decision to commit financial resources to a proposed recycling or composting project can be made. The department shall prescribe the elements to be included within a study.
(2) The department shall select a site for a recycling and composting feasibility study subject to the following prerequisites:
(a) The site is located in a county that has an approved solid waste management plan.
(b) The recycling or composting project proposed by the municipality is consistent with the approved solid waste management plan.
(3) The department shall consider the following factors in selecting a site for a recycling and composting feasibility study:
(a) The extent to which a municipality commits to proceeding with the project if the study determines that the project is feasible.
(b) The degree of demonstrated municipality, community group, or volunteer interest in undertaking a recycling or composting project.
(c) A demonstration that a recycling or composting project undertaken on the basis of the study would provide a necessary solid waste management alternative, given the status of existing disposal areas serving the location.
(d) The extent to which selection of the site contributes to the achievement of a balanced distribution of studies throughout the state.
(e) The demonstrated capability of the municipality in which the site is located to work with adjacent municipalities on alternative resource recovery projects.
(4) The department shall not expend more than 5% of the total amount in the fund in any state fiscal year on the studies described in this section. The department shall not expend more than $30,000.00 for any single study conducted under this section.
History:
1994, Act 451, Eff. Mar. 30, 1995
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-6-191 - Part 191 Clean Michigan Fund (324.19101...324.19121) › Section 324.19108 - Waste-to-Energy Feasibility Studies.

324.19108 Waste-to-energy feasibility studies.
Sec. 19108.
(1) The department shall cause to be conducted a series of waste-to-energy feasibility studies. A study shall establish a basis upon which a decision to commit financial resources to a proposed waste-to-energy project can be made. The department shall prescribe the elements to be included in the study.
(2) The department shall select a site for a waste-to-energy feasibility study subject to the following prerequisites:
(a) The site is located in a county that has an approved solid waste management plan.
(b) The waste-to-energy project proposed is consistent with the approved solid waste management plan.
(3) The department shall consider the following factors in selecting a site for a waste-to-energy feasibility study:
(a) The extent to which the municipality proposing the project has done the following:
(i) Held meetings to discuss a waste-to-energy project.
(ii) Sought funding for studies of a waste-to-energy project.
(iii) Sought feasibility data on its own.
(b) The availability of letters of interest from potential energy markets.
(c) Whether a recycling feasibility study for the area to be served by the proposed waste-to-energy facility is available.
(d) Whether a waste-to-energy facility undertaken on the basis of the study would provide a necessary solid waste management alternative, given the status of existing disposal areas serving the location.
(e) The extent to which selection of the site contributes to the achievement of a balanced distribution of studies throughout the state.
(f) The demonstrated efforts of the municipality in which the site is located in working towards alternative resource recovery solutions to solid waste management problems, such as implementing recycling or composting programs in the area to be served.
(g) The demonstrated capability of the municipality in which the site is located to work with adjacent municipalities on alternative resource recovery projects.
(4) The department shall not expend more than 15% of the total amount in the fund in any state fiscal year for the studies described in this section. The department shall not expend more than $400,000.00 for any single study conducted under this section.
History:
1994, Act 451, Eff. Mar. 30, 1995
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-6-191 - Part 191 Clean Michigan Fund (324.19101...324.19121) › Section 324.19109 - Educational Program With Respect to Resource Recovery; Resource Recovery Education Grant Program; Authorized Grants; Factors in Selecting Recipients; Limitations on Expenditures.

324.19109 Educational program with respect to resource recovery; resource recovery education grant program; authorized grants; factors in selecting recipients; limitations on expenditures.
Sec. 19109.
(1) The department shall establish an educational program with respect to resource recovery to accomplish the following:
(a) To promote on a statewide basis the purchase of recycled products and materials.
(b) To develop promotional materials for distribution by municipalities in support of their resource recovery initiatives.
(2) The department shall establish a resource recovery education grant program. The program shall provide funding for the direct promotion of local resource recovery initiatives by municipalities, nonprofit private entities, and private entities. The department shall make the grants described in this subsection.
(3) The department shall not make a resource recovery education grant unless both of the following conditions are met:
(a) The proposed education project is conducted in a county that has an approved solid waste management plan.
(b) A local resource recovery project is planned or under way and the proposed education project directly promotes the use of that project.
(4) The department shall consider the following factors in selecting recipients of resource recovery education grants:
(a) Whether the education program has measurable objectives.
(b) The extent of background research completed.
(c) The type and extent of follow-up or evaluation, or both, to be conducted.
(d) The level of commitment by local officials.
(e) The extent to which the recipient commits its own financial resources to the education project.
(f) The extent to which selection of the project contributes to the achievement of a balanced distribution of grants throughout the state.
(5) The department shall not expend more than 25% of the total amount in the trust fund in any state fiscal year on the educational program and the education grant program described in this section. The department shall not expend more than $50,000.00 for any single education grant made under this section.
History:
1994, Act 451, Eff. Mar. 30, 1995
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-6-191 - Part 191 Clean Michigan Fund (324.19101...324.19121) › Section 324.19110 - Solid Waste Transfer Station Grant Program.

324.19110 Solid waste transfer station grant program.
Sec. 19110.
(1) The department shall establish a solid waste transfer station grant program. The program shall provide funding to municipalities, nonprofit private entities, and private entities for the cost of transfer station construction. The department shall make the grants described in this section.
(2) The department shall not make a solid waste transfer station grant unless both of the following conditions are met:
(a) The proposed transfer station is located in a county that has an approved solid waste management plan.
(b) The proposed solid waste transfer station is consistent with the approved solid waste management plans of all of the affected counties.
(3) The department shall consider the following factors in selecting recipients for solid waste transfer station grants:
(a) The potential for providing to the municipality resource recovery alternatives otherwise not available to the municipality without the proposed transfer station.
(b) The willingness of the municipality to form or participate in a joint solid waste management system with adjacent municipalities.
(c) The applicant demonstrates that the proposed transfer station replaces a sanitary landfill or open dump closed according to the standards contained in part 115.
(4) The department shall not dispense a solid waste transfer station grant unless all permits that are required by state law and that are specifically applicable to the nature of the proposed project have been obtained.
(5) The department shall not expend more than 25% of the total amount in the fund in any state fiscal year on the solid waste transfer station grant program. The department shall not expend more than $300,000.00 for any single transfer station grant made under this section.
History:
1994, Act 451, Eff. Mar. 30, 1995
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-6-191 - Part 191 Clean Michigan Fund (324.19101...324.19121) › Section 324.19112 - Waste-to-Energy Capital Grant Program.

324.19112 Waste-to-energy capital grant program.
Sec. 19112.
(1) The department shall establish a waste-to-energy capital grant program. The program shall provide funding for the capital costs of waste-to-energy programs undertaken by municipalities, nonprofit private entities, or private entities. The department shall make the grants described in this section.
(2) The department shall not make a waste-to-energy capital grant unless all of the following conditions are met:
(a) The proposed waste-to-energy project is located in a county that has an approved solid waste management plan.
(b) The proposed waste-to-energy project is consistent with the approved solid waste management plan.
(c) The applicant provides either a feasibility study with positive results supportive of project initiation or sufficient data justifying project expansion.
(3) The department shall consider the following factors in selecting recipients for waste-to-energy capital grants:
(a) The likelihood of project success as indicated by the feasibility study results.
(b) The availability of an appropriate site.
(c) A demonstration by the applicant that the materials to be collected or processed, or both, are not being recovered presently.
(d) The business and accounting plans for the proposed waste-to-energy project.
(e) The need for a new or expanded waste-to-energy program in the area to be served, relative to the needs of other areas.
(f) The extent to which selection of the waste-to-energy program contributes to the achievement of a balanced distribution of grants throughout the state.
(g) A demonstration by the applicant that land, buildings, personnel, support services, or funds have been committed to the waste-to-energy project.
(h) The portion of the waste stream that is projected to be diverted from landfills, compared to the projected costs of the waste-to-energy project.
(i) The potential of the waste-to-energy project to be replicated in similar areas of the state.
(4) The department shall not dispense a waste-to-energy capital grant unless all the permits that are required by this part and otherwise required by state law and that are specifically applicable to the nature of the proposed project have been obtained.
(5) The department shall not expend more than 30% of the total amount in the fund in any state fiscal year on the waste-to-energy capital grant program. The department shall not expend more than $2,000,000.00 for any single waste-to-energy grant made under this section.
History:
1994, Act 451, Eff. Mar. 30, 1995
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-6-191 - Part 191 Clean Michigan Fund (324.19101...324.19121) › Section 324.19115 - Household Hazardous Waste Disposal Grant Program.

324.19115 Household hazardous waste disposal grant program.
Sec. 19115.
(1) The department shall establish a household hazardous waste disposal grant program. The program shall assist municipalities in projects that educate citizens as to methods of household hazardous waste reduction and disposal option, promote the safe handling of household hazardous waste, or dispose of household hazardous waste at a state or federally permitted or licensed hazardous waste treatment, storage, or disposal facility. The department shall make the grants described in this section.
(2) The department shall not make a household hazardous waste disposal grant unless all of the following conditions are met:
(a) The project is not funded under a federal program.
(b) The municipality commits to contributing 20% of the total project cost in cash or in-kind services, or both.
(c) The project is completed within 1 year after receipt of the grant.
(d) The project is consistent with this part and other state law and policy.
(3) The department shall not dispense a household hazardous waste disposal grant unless all the permits that are required by this part and otherwise required by state law and that are specifically applicable to the nature of the proposed project have been obtained.
(4) The department shall not expend more than 2% of the total amount in the fund in any state fiscal year for the household hazardous waste disposal grant program. The department shall not expend more than $15,000.00 for any single household hazardous waste disposal grant made under this section.
History:
1994, Act 451, Eff. Mar. 30, 1995
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-6-191 - Part 191 Clean Michigan Fund (324.19101...324.19121) › Section 324.19117 - Program to Perform Hydrogeological Monitoring Studies on Open and Closed Sanitary Landfills and Open Dumps Owned by Municipalities.

324.19117 Program to perform hydrogeological monitoring studies on open and closed sanitary landfills and open dumps owned by municipalities.
Sec. 19117.
(1) The department shall establish a program to perform hydrogeological monitoring studies on open and closed sanitary landfills and open dumps owned by municipalities. The program shall determine the extent of groundwater contamination associated with the sanitary landfills and open dumps and the need for remedial actions on those sites. The department shall determine which landfills and dumps owned by municipalities are to be monitored. In determining the order in which the landfills and dumps owned by municipalities are to be monitored, the department shall consider the potential threat of human exposure to environmental contamination originating from the sanitary landfill or open dump and the likelihood that hazardous waste was accepted at the landfill or dump.
(2) The department shall not expend more than 10% of the total amount in the fund in any state fiscal year for the program to perform hydrogeological monitoring studies. The department shall not expend more than $50,000.00 for any single hydrogeological monitoring study performed under this section.
History:
1994, Act 451, Eff. Mar. 30, 1995
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-6-191 - Part 191 Clean Michigan Fund (324.19101...324.19121) › Section 324.19119 - Project Producing Site Separated Materials; Eligibility for Grant.

324.19119 Project producing site separated materials; eligibility for grant.
Sec. 19119.
Any project of the type for which a grant may be available under section 19111, which produces site separated materials, and for which the licenses or permits required by this part and otherwise required by law have been obtained, is eligible to receive a grant under this part.
History:
1994, Act 451, Eff. Mar. 30, 1995
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-6-191 - Part 191 Clean Michigan Fund (324.19101...324.19121) › Section 324.19120 - Administration of Studies, Assessments, and Programs; Application for Inclusion in Study or Assessment or for Grant; Project Summary.

324.19120 Administration of studies, assessments, and programs; application for inclusion in study or assessment or for grant; project summary.
Sec. 19120.
(1) The department shall administer the studies, assessments, and programs described in this part according to the following:
(a) Within 60 days after enactment of the general appropriations bill for the department of natural resources for a state fiscal year, the department shall issue a request for applications for inclusion in any study or assessment to be conducted that year and for receipt of any grant available during that year.
(b) The department shall not accept any applications after 60 days from the issuance of a request for applications.
(c) Within 135 days after the advisory panel recommendations are made, the department shall complete its review of the application and recommendations and make its determinations.
(2) An application for inclusion in any study or assessment described in this part or for any grant available under this part shall be made on a form prescribed by the department. The department may require the applicant to provide any information reasonably necessary to allow the department to make the determinations required by this part.
(3) Each recipient of a grant and each participant in a study or assessment under this part shall complete and return a project summary on a form developed by the department by a date specified by the advisory panel. A recipient or participant who fails to submit a project summary as required by this section is not eligible to be a recipient or participant under this part for 5 years after the year for which the failure occurs.
(4) The project summary form developed by the department shall not exceed 1 page and shall include the following information:
(a) The name, address, and telephone number of the recipient or participant.
(b) The name of the project.
(c) The amount of money received.
(d) The county in which the project is located.
(e) A brief summary of the activities and accomplishments of the project.
(5) A completed project summary is available to the public under the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
History:
1994, Act 451, Eff. Mar. 30, 1995
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-6-191 - Part 191 Clean Michigan Fund (324.19101...324.19121) › Section 324.19121 - Reports.

324.19121 Reports.
Sec. 19121.
(1) Not later than March 31 of each year, the department shall report the following information regarding the projects financed under this part for that fiscal year to the governor, the standing committees of the senate and the house of representatives that primarily consider issues pertaining to the protection of natural resources and the environment, and the subcommittees of the house of representatives and the senate on appropriations for the department:
(a) The name, address, and telephone number of the recipient or participant.
(b) The nature of the project.
(c) The amount of money received.
(d) The county in which the project is located.
(2) Not later than September 30 of each year, the department shall submit to the governor and the legislature a report on the projects financed under this act during the previous fiscal year. The report shall consist of the project summaries described in section 19120, along with an introduction and conclusion.
History:
1994, Act 451, Eff. Mar. 30, 1995
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-6-193 - Part 193 Environmental Protection Bond Authorization (324.19301...324.19306) › Section 324.19301 - Bonds; Authorization; Limitation; Purpose.

324.19301 Bonds; authorization; limitation; purpose.
Sec. 19301.
The state shall borrow a sum not to exceed $660,000,000.00 and issue the general obligation bonds of this state, pledging the full faith and credit of the state for the payment of principal and interest on the bonds, to finance environmental protection programs that would clean up sites of toxic and other environmental contamination and contribute to a regional Great Lakes protection fund, address solid waste problems, treat sewage and other water quality problems, and reuse industrial sites and preserve open space.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
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-6-193 - Part 193 Environmental Protection Bond Authorization (324.19301...324.19306) › Section 324.19302 - Conditions, Methods, and Procedures.

324.19302 Conditions, methods, and procedures.
Sec. 19302.
Bonds shall be issued in accordance with conditions, methods, and procedures to be established by law.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
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-6-193 - Part 193 Environmental Protection Bond Authorization (324.19301...324.19306) › Section 324.19303 - Disposition of Proceeds and Interest.

324.19303 Disposition of proceeds and interest.
Sec. 19303.
The proceeds of the sale of the bonds or any series of the bonds, any premium and accrued interest received on the delivery of the bonds, and any interest earned on the proceeds of the bonds shall be deposited in the state treasury and credited to the environmental protection bond fund created in part 195 and shall be disbursed from that fund only for the purposes for which the bonds have been authorized, including the expense of issuing the bonds. The proceeds of sale of the bonds or any series of the bonds, any premium and accrued interest received on the delivery of the bonds, and any interest earned on the proceeds of the bonds shall be expended for the purposes set forth in this part in a manner as provided by law.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
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-6-193 - Part 193 Environmental Protection Bond Authorization (324.19301...324.19306) › Section 324.19304 - Submission of Question to Electors.

324.19304 Submission of question to electors.
Sec. 19304.
The question of borrowing a sum not to exceed $660,000,000.00 and the issuance of the general obligation bonds of the state for the purposes set forth in this part shall be submitted to a vote of the electors of the state qualified to vote on the question in accordance with section 15 of article IX of the state constitution of 1963, at the general election following September 9, 1988, the effective date of former Act No. 326 of the Public Acts of 1988. The question submitted to the electors shall be substantially as follows:
"Shall the state of Michigan borrow a sum not to exceed $660,000,000.00 and issue general obligation bonds of the state, pledging the full faith and credit of the state for the payment of principal and interest on the bonds, to finance environmental protection programs that would clean up sites of toxic and other environmental contamination and contribute to a regional Great Lakes protection fund, address solid waste problems, treat sewage and other water quality problems, and reuse industrial sites and preserve open space, the method of repayment of the bonds to be from the general fund of this state?
Yes........
No......... .".
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
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-6-193 - Part 193 Environmental Protection Bond Authorization (324.19301...324.19306) › Section 324.19305 - Duties of Secretary of State.

324.19305 Duties of secretary of state.
Sec. 19305.
The secretary of state shall perform all acts necessary to properly submit the question prescribed by section 19304 to the electors of this state qualified to vote on the question at the general November election following September 9, 1988, the effective date of former Act No. 326 of the Public Acts of 1988.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
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-6-193 - Part 193 Environmental Protection Bond Authorization (324.19301...324.19306) › Section 324.19306 - Appropriation; Purpose.

324.19306 Appropriation; purpose.
Sec. 19306.
(1) After the issuance of the bonds authorized by this part or former Act No. 326 of the Public Acts of 1988, there shall be appropriated from the general fund of the state each fiscal year a sufficient amount to pay promptly, when due, the principal of and interest on all outstanding bonds authorized by this part or former Act No. 326 of the Public Acts of 1988 and the costs incidental to the payment of the bonds.
(2) The governor shall include the appropriation provided in subsection (1) in his or her annual executive budget recommendations to the legislature.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
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-6-195 - Part 195 Environmental Protection Bond Implementation (324.19501...324.19513) › Section 324.19501 - Definitions.

324.19501 Definitions.
Sec. 19501.
As used in this part:
(a) "Bonds" means the bonds issued under part 193 or former Act No. 326 of the Public Acts of 1988.
(b) "Fund" means the environmental protection bond fund created in section 19506.
(c) "Local unit of government" means a county, city, village, or township, or an agency of a county, city, village, or township; an authority or any other public body created by or pursuant to state law; or this state or an agency or department of this state.
(d) "Private entity" means an individual, trust, firm, partnership, corporation, or association, whether profit or nonprofit, that is not a local unit of government.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
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-6-195 - Part 195 Environmental Protection Bond Implementation (324.19501...324.19513) › Section 324.19502 - Legislative Finding and Declaration.

324.19502 Legislative finding and declaration.
Sec. 19502.
The legislature finds and declares that the environmental protection programs implemented under former Act No. 328 of the Public Acts of 1988 or 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. 1995, Act 60, Imd. Eff. May 24, 1995
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-6-195 - Part 195 Environmental Protection Bond Implementation (324.19501...324.19513) › Section 324.19504 - Bonds Negotiable; Tax Exemption.

324.19504 Bonds negotiable; tax exemption.
Sec. 19504.
Bonds issued under former Act No. 326 of the Public Acts of 1988 or part 193 shall be fully negotiable under the uniform commercial code, Act No. 174 of the Public Acts of 1962, being sections 440.1101 to 440.11102 of the Michigan Compiled Laws. The bonds and the interest on the bonds shall be exempt from all taxation by the state or any political subdivisions of the state.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
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-6-195 - Part 195 Environmental Protection Bond Implementation (324.19501...324.19513) › Section 324.19505 - Bonds as Securities.

324.19505 Bonds as securities.
Sec. 19505.
Bonds issued under former Act No. 326 of the Public Acts of 1988 or part 193 are made 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. 1995, Act 60, Imd. Eff. May 24, 1995
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-6-195 - Part 195 Environmental Protection Bond Implementation (324.19501...324.19513) › Section 324.19506 - Environmental Protection Bond Fund; Creation; Composition; Restricted Subaccounts.

324.19506 Environmental protection bond fund; creation; composition; restricted subaccounts.
Sec. 19506.
(1) The environmental protection bond fund is created in the state treasury.
(2) The fund shall consist of all of the following:
(a) The proceeds of sales of general obligation bonds issued pursuant to former Act No. 326 of the Public Acts of 1988 or part 193 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 funds received.
(3) The department of treasury may establish restricted subaccounts within the fund as necessary to administer the fund.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
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-6-195 - Part 195 Environmental Protection Bond Implementation (324.19501...324.19513) › Section 324.19509 - Grant and Loan Programs; Rules; Maximum Participation; Considerations in Making Grant or Loan; Interest; Grant Projects Under MCL 324.19508(1)(a); Applicability.

324.19509 Grant and loan programs; rules; maximum participation; considerations in making grant or loan; interest; grant projects under MCL 324.19508(1)(a); applicability.
Sec. 19509.
(1) The department shall promulgate rules necessary to implement grant and loan programs provided in this part.
(2) The department shall assure maximum participation by local units of government and by private entities by promulgating rules that provide for a grant or loan program, where appropriate. In determining whether a grant or a loan program is appropriate, 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; the extent of the need for the project as a demonstration project; and such other factors considered important by the department.
(3) Prior to making a grant or loan authorized by this part, the 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.
(4) The department shall provide in rules promulgated under this part that loans that are issued by the department to private entities shall include an interest charge of not less than 5% per year.
(5) Notwithstanding any other provision of this section, for grant projects considered 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 (4) do not apply and the department shall apply the criteria used for projects funded under section 19611.
(6) Neither this section nor section 19510 apply to loans from the state water pollution control revolving fund.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2016, Act 474, 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-6-195 - Part 195 Environmental Protection Bond Implementation (324.19501...324.19513) › Section 324.19510 - Application for Grant or Loan; Form; Requirements.

324.19510 Application for grant or loan; form; requirements.
Sec. 19510.
(1) An application for a grant or a loan authorized under this part shall be made on a form prescribed by the department. The department may require the applicant to provide any information reasonably necessary to allow the department to make a determination required by this part.
(2) Beginning on the effective date of the 2016 amendatory act that amended this section, an application for a grant under section 19508(1)(a) is subject to the same requirements listed in section 19610 for a loan under section 19608(1)(a)(iv).
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2016, Act 474, 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-6-195 - Part 195 Environmental Protection Bond Implementation (324.19501...324.19513) › Section 324.19511 - Conditions to Making Grant or Loan.

324.19511 Conditions to making grant or loan.
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.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2016, Act 472, 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-6-195 - Part 195 Environmental Protection Bond Implementation (324.19501...324.19513) › Section 324.19512 - Recipient of Grant or Loan; Conditions; Noncompliance; Revocation of Grant or Withholding Payment; Recovery of Grant by Department; Withholding Grant or Loan; Grant Projects Approved Under MCL 324.19508(1)(a).

324.19512 Recipient of grant or loan; conditions; noncompliance; revocation of grant or withholding payment; recovery of grant by department; withholding grant or loan; grant projects approved under MCL 324.19508(1)(a).
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.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2016, Act 472, 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-6-195 - Part 195 Environmental Protection Bond Implementation (324.19501...324.19513) › Section 324.19513 - Rules.

324.19513 Rules.
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.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2016, Act 472, Eff. Apr. 5, 2017
Popular Name:
Act 451
Popular Name:
NREPA
Admin Rule:
R 299.5101 et seq. and R 299.51001 et seq. of the Michigan Administrative Code.