SENATE  BILL 
No. 861



   October 27, 1999, Introduced by Senators SCHUETTE, GOUGEON, BENNETT, JOHNSON,
        BULLARD, GOSCHKA, MC MANUS, NORTH, HAMMERSTROM, SIKKEMA,
        LELAND, A. SMITH and PETERS and referred to the Committee on Economic
        Development, International Trade and Regulatory Affairs.



        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending section 20113 (MCL 324.20113), as amended by 1996 PA

   383.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 20113.  (1) Money required to implement the programs

 2    described under this part and to pay for response activities rec-

 3    ommended under this part shall be appropriated from the fund and

 4    any other source the legislature considers necessary to implement

 5    the requirements of this part.

 6         (2) Money from the fund shall be appropriated only for

 7    response activities at sites that have been subjected to the risk

 8    assessment process described in section 20105.

 9         (3) The department shall annually submit to the governor a

10    request for appropriation from the fund.  The request  will
             


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 1    SHALL include a lump sum amount for EACH OF the purposes  of
             

 2    DESCRIBED IN subsection (4)(a),  and a lump sum amount for
             the

 3     purposes of subsection (4)(f)  (F), AND (G).  For
                       EACH OF the

 4    purposes  set forth  DESCRIBED in subsection
             (4)(b), (c), (d),

 5    and (e), the request shall include a list of sites where the

 6    department is proposing to expend funds.  The list shall include

 7    the following information for each site:  the common name of the

 8    site, the response activities that are planned to be conducted,

 9    and the estimated amount of money that is needed to conduct the

10    response activities.  The legislature shall approve by law the

11    list of sites to be addressed and shall provide a lump sum appro-

12    priation for these sites based on the total estimated amount

13    needed for the approved sites.

14         (4) Money from the fund may be used, upon appropriation, for

15    the following as determined by the department:

16         (a) National priority list municipal landfill cost-share

17    grants  to be  THAT ARE approved by the board
             pursuant to section

18    20109a.

19         (b) Superfund match,  which includes 
             INCLUDING funding for

20    any response activity that is required to match federal dollars

21    at a superfund site as required under the comprehensive environ-

22    mental response, compensation, and liability act of 1980, Public

23    Law 96-510, 94 Stat. 2767.

24         (c) Response activities to address actual or potential

25    public health or environmental problems.

26         (d) Completion of response activities initiated by the state

27    using  environmental protection bond funds  THE
             PROCEEDS OF BONDS



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 1    ISSUED UNDER PARTS 193 AND 195, or completion of response

 2    activities at facilities initiated by a person who was liable

 3    under this part prior to  Public Act 71 of 1995 
             JUNE 5, 1995,

 4    but is not liable under section 20126  of this part,
              AND where

 5    such response activities have ceased.

 6         (e) Response activities at sites that will facilitate

 7    redevelopment.

 8         (f) Emergency response actions for sites to be determined by

 9    the department.

10         (G) GRANTS TO FORECLOSING GOVERNMENTAL UNITS OTHER THAN THIS

11    STATE FOR RESPONSE ACTIVITIES ON PROPERTY IN THE POSSESSION OF

12    THE FORECLOSING GOVERNMENTAL UNIT PURSUANT TO SECTION 78M(7) OF

13    THE GENERAL PROPERTY TAX ACT, 1893 PA 206, MCL 211.78M.

14         (5) Money in the fund shall be expended first for the pur-

15    poses described in subsection (4)(b) and (f) and health or envi-

16    ronmental problems under subsection (4)(c) that are related to

17    acute health or environmental problems.  Following these expendi-

18    tures, not less than 50% of the remaining money expended under

19    this section shall be expended for response activities that

20    facilitate redevelopment of urbanized areas.  All additional

21    expenditures under this section shall be expended following the

22    expenditures described in this subsection.  As used in this sub-

23    section, "urbanized area" means an urbanized area as determined

24    by the economics and statistics administration, United States

25    bureau of census, according to the 1990 census.

26         (6) The total amount of funds expended by the department for

27    national priority list municipal landfill cost-share grants shall



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 1    not exceed the lesser of 12% of the funds appropriated from the

 2    fund in a fiscal year or $6,000,000.00 in a fiscal year.

 3         (7) Not later than December 31 of each year, the department

 4    shall provide to the governor, the senate and house of represen-

 5    tatives standing committees with jurisdiction over issues per-

 6    taining to natural resources and the environment, and the senate

 7    and house of representatives appropriations committees a list of

 8    all projects financed under this part through the preceding

 9    fiscal year.  The list shall include the project site and loca-

10    tion, the nature of the project, the total amount of money autho-

11    rized, the total amount of money expended, and project status.


































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