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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-215 - Part 215 Underground Storage Tank Corrective Action Funding (324.21501...324.21563) › Section 324.21506a - Refined Petroleum Fund; Creation; Deposit of Money or Other Assets; Investment; Money Remaining at Close of Fiscal Year; Expenditures; Purposes.

324.21506a Refined petroleum fund; creation; deposit of money or other assets; investment; money remaining at close of fiscal year; expenditures; purposes.
Sec. 21506a.
(1) The refined petroleum fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the refined petroleum fund. The state treasurer shall direct the investment of the refined petroleum fund. The state treasurer shall credit to the refined petroleum fund interest and earnings from refined petroleum fund investments.
(3) Money in the refined petroleum fund at the close of the fiscal year remains in the refined petroleum fund and does not lapse to the general fund.
(4) Money from the refined petroleum fund shall be expended, upon appropriation, only for 1 or more of the following purposes:
(a) Corrective actions performed by the department pursuant to section 21320.
(b) The legacy release program created in section 21519a.
(c) The reasonable costs of the department in administering the refined petroleum fund and implementing part 213.
(d) Not more than $5,000,000.00 annually for petroleum product inspection programs under both of the following:
(i) The weights and measures act, 1964 PA 283, MCL 290.601 to 290.635.
(ii) The motor fuels quality act, 1984 PA 44, MCL 290.641 to 290.650d.
(e) Not more than $3,000,000.00 annually for the bureau of fire services and office of the state fire marshal, storage tank division, in the department of licensing and regulatory affairs.
(f) Reimbursement by the authority to local units of government and county road commissions for the costs of corrective action to manage, relocate, or dispose of any media contaminated by regulated substances left in place within a public highway pursuant to section 21310a if all of the following occur:
(i) The local unit of government or county road commission has submitted to the authority a claim for reimbursement on a form created by the authority.
(ii) The claim for reimbursement is for reasonable and necessary eligible corrective action costs determined by the administrator pursuant to section 21515(2) to (10).
(iii) The amount of reimbursement is not more than $200,000.00 per claim.
(g) Not more than $5,000,000.00 annually for the department to provide grants and loans in accordance with part 196 to facilitate brownfield redevelopment at part 213 properties. Money shall not be provided under this subsection to fund the performance of response activities at a part 213 property to address contamination that is solely attributable to a release regulated under part 201.
(h) The permanent closure of an underground storage tank system by the department if the underground storage tank system meets the conditions that require permanent closure under R 29.2153 of the Michigan Administrative Code or the department determines it is necessary to protect public health, safety, welfare, or the environment.
History:
Add. 2004, Act 390, Imd. Eff. Oct. 12, 2004 ;-- Am. 2006, Act 318, Imd. Eff. July 20, 2006 ;-- Am. 2007, Act 67, Imd. Eff. Sept. 28, 2007 ;-- Am. 2012, Act 113, Imd. Eff. May 1, 2012 ;-- Am. 2014, Act 416, Imd. Eff. Dec. 30, 2014 ;-- Am. 2016, Act 467, Eff. Mar. 29, 2017 ;-- Am. 2017, Act 134, Eff. Jan. 24, 2018
Compiler's Notes:
Enacting section 1 of Act 390 of 2004 provides:"Enacting section 1. The provisions of this amendatory act relating to the extension and collection of the regulatory fee provided for under this part and the obligation to pay the fee shall be applied retroactively. The requirement to impose and collect the regulatory fee and the obligation to pay the fee shall not be considered to have ceased at any time since the date the requirement and obligation were originally enacted into law. The requirement that this enacting section be applied retroactively extends to any regulatory fee imposed or collected even if it is alleged or determined that sufficient regulatory fees were collected to pay in full bonds or notes issued by the Michigan underground storage tank financial assurance authority.
Popular Name:
Act 451
Popular Name:
NREPA