SB-1422, As Passed Senate, November 30, 2006
September 12, 2006, Introduced by Senators BIRKHOLZ, McMANUS, JELINEK, BROWN, KUIPERS, CHERRY, GOSCHKA, ALLEN, SCOTT, OLSHOVE, BARCIA, SWITALSKI, BASHAM, CLARK-COLEMAN and BRATER and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 16908 (MCL 324.16908), as amended by 2002 PA
496.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16908. (1) The scrap tire regulatory fund is created in
the state treasury. The fund shall receive money as provided by law
and any gifts or contributions to the fund. The state treasurer
shall direct the investment of the fund. Interest and earnings of
the fund shall be credited to the fund. Money in the fund at the
close of the fiscal year shall remain in the fund and shall not
revert to the general fund.
(2) Money in the fund shall be used, upon appropriation, for
all of the following purposes:
(a) For administrative costs of the department associated with
this part including the implementation and enforcement of this
part. However, money shall not be expended under this subdivision
for
the employment of more than the following:
(i) For state fiscal year 2002, 13.5 full-time equated
positions.
(ii) For state fiscal year 2003, 12 full-time equated
positions.
(iii) For state fiscal year 2004 and each subsequent
state
fiscal
year, 11 full-time equated positions.
(b) For the administrative costs of the secretary of state
associated with the collection of the tire disposal surcharge
pursuant to section 806 of the Michigan vehicle code, 1949 PA 300,
MCL 257.806.
(c) For the cleanup or collection of abandoned scrap tires and
scrap tires at collection sites. The department shall give priority
to funding activities under this subdivision at collection sites in
which the scrap tires were accumulated prior to January 1, 1991 and
to collection sites that pose an imminent threat to public health,
safety, welfare, or the environment. The department shall make
every effort to assure that all abandoned scrap tires accumulated
at collection sites prior to January 1, 1991 are cleaned up or
collected by September 31, 2009. For collection sites that have
accumulated tires after January 1, 1991, a lien, in favor of the
state up to the value of the cleanup grant amount and any increase
in the value of the property as a result of the cleanup of the
Senate Bill No. 1422 as amended November 30, 2006
property with grant funds, shall be placed on the property that is
affected by the removal of the tires as provided in section 16908b.
<<Before making a grant under this subdivision, the department shall consider the extent to which the making of the grant would contribute to the achievement of a balanced distribution of grants under this subdivision throughout the state.>>
(3) Money expended under subsection (2)(c) may be expended for
either or both of the following:
(a)
Not more than $500,000.00 each year for
reimbursement
grants
to users of scrap tire processed material grants to
reimburse the cost of purchasing scrap tires to support the
development
of increased markets for scrap tire material other
than
tire-derived fuel usage. A grant issued under this subsection
shall
be for projects that demonstrate new uses for scrap tire
processed
material in manufactured products, such as placement of
scrap
tire processed material in modified asphalt, molded rubber
products,
extruded rubber products, and aggregate replacement
materials.
A grant under this subdivision shall reimburse the scrap
tire
processed material user up to 50% of the cost of purchasing
scrap
tire processed material, but shall not exceed a reimbursed
cost
of $50.00 per ton. However, the scrap tire processed material
purchased
shall be purchased from Michigan scrap tire processors
that
produce scrap tire processed material under a grant issued
under
subsection (2)(c).
(b)
For grants to end-users who receive scrap tires or tire
chips.
However, as a condition of a grant under this subdivision,
an
end-user who receives a grant under this subdivision shall agree
to
purchase 1 ton of scrap tires or tire chips for every 1 ton of
scrap
tires or tire chips received as a result of the grant. The
purchases
shall be at the minimum rate of the established statewide
market
price. tires. Only the cost
of purchasing scrap tires from
scrap tire processors in this state or other generators of scrap
tires in this state is eligible for reimbursement under this
subdivision.
(b) For grants of up to 50% of the cost of purchasing
equipment, or research and development, to provide for a new or
increased use for scrap tires.
(4) Applications for grants under subsection (3) shall be
submitted on a form approved by the department and containing the
information
required by the department. For grants under
subsection
(3)(a), the The department shall publish criteria upon
which the grants will be issued and shall make that information
available to grant applicants.
(5)
Not later than 4 years after the effective date of the
amendatory
act that added this subsection, the department shall
prepare
an assessment of the impact that the grants under
subsection
(3)(a) have had on the reduction in the surplus of scrap
tires
in the state and on the establishment of new end uses for
scrap
tires. A copy of this assessment shall be provided to the
standing
committees of the senate and the house of representatives
with
jurisdiction over subject matter pertaining to natural
resources
and the environment.
(6)
The department shall annually report to the standing
committees
of the senate and house of representatives with
jurisdiction
over subject matter pertaining to natural resources
and
the environment on the utilization of revenues of the fund.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No. 1423.
(b) House Bill No. 6477.
(c) Senate Bill No. 1424.
(d) Senate Bill No. 1418.
(e) Senate Bill No. 1419.
(f) Senate Bill No. 1420.
(g) House Bill No. 6474.
(h) Senate Bill No. 1421.
(i) House Bill No. 6476.
(j) House Bill No. 6475.