March 24, 2005, Introduced by Senators PATTERSON, BARCIA, KUIPERS, BIRKHOLZ, CASSIS, GILBERT, JOHNSON, McMANUS, VAN WOERKOM, BROWN, BISHOP, SANBORN and ALLEN and referred to the Committee on Economic Development, Small Business and Regulatory Reform.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 5301 (MCL 324.5301), as amended by 2002 PA 397,
and by adding section 5309a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5301. As used in this part:
(a) "Assistance" means 1 or more of the following activities
to the extent authorized by the federal water pollution control
act:
(i) Provision of loans to municipalities for construction of
sewage treatment works projects, stormwater treatment projects, or
nonpoint source projects.
(ii) Project refinancing assistance.
(iii) The guarantee or purchase of insurance for local
obligations, if the guarantee or purchase action would improve
credit market access or reduce interest rates.
(iv) Use of the proceeds of the fund as a source of revenue or
security for the payment of principal and interest on revenue or
general obligation bonds issued by this state, if the proceeds of
the sale of the bonds will be deposited into the fund.
(v) Provision of loan guarantees for similar revolving funds
established by municipalities.
(vi) The use of deposited funds to earn interest on fund
accounts.
(vii) Provision for reasonable costs of administering and
conducting activities under title VI of the federal water pollution
control
act, chapter 758, 101 Stat. 22, 33 U.S.C. USC
1381 to
1387.
(viii) Provision of loan, financing, or guarantee by a private,
investor owned utility for the construction, maintenance, and
operation of sewage treatment works projects and stormwater
treatment projects.
(b) "Authority" means the Michigan municipal bond authority
created in the shared credit rating act, 1985 PA 227, MCL 141.1051
to 141.1076.
(c) "Capitalization grant" means the federal grant made to
this state by the United States environmental protection agency for
the purpose of establishing a state water pollution control
revolving fund, as provided in title VI of the federal water
pollution
control act, chapter 758, 101 Stat. 22, 33 U.S.C. USC
1381 to 1387.
(d) "Construction activities" means any actions undertaken in
the designing or building of sewage treatment works projects,
stormwater treatment projects, or nonpoint source projects.
Construction activities include, but are not limited to, all of the
following:
(i) Engineering services.
(ii) Legal services.
(iii) Financial services.
(iv) Design of plans and specifications.
(v) Acquisition of land or structural components, or both.
(vi) Building, erection, alteration, remodeling, or extension
of a sewage treatment works project.
(vii) Building, erection, alteration, remodeling, or extension
of projects designed to control nonpoint source pollution,
consistent with section 319 of title III of the federal water
pollution
control act, chapter 758, 101 Stat. 52, 33 U.S.C. USC
1329.
(viii) Building, erection, alteration, or remodeling of a
stormwater treatment project.
(ix) Municipal supervision of the project activities described
in subparagraphs (i) to (viii).
(e)
"Federal water pollution control act" means chapter 758,
86
Stat. 816, 33 U.S.C. USC
1251 to 1252, 1253 to 1254, 1255 to
1257, 1258 to 1263, 1265 to 1270, 1273 to 1274, 1281, 1282 to 1293,
1294 to 1301, 1311 to 1313, 1314 to 1326, 1328 to 1330, 1341 to
1346, 1361 to 1375, 1376 to 1377, and 1381 to 1387.
(f) "Fund" means the state water pollution control revolving
fund created in the shared credit rating act, 1985 PA 227, MCL
141.1051 to 141.1076, established pursuant to title VI of the
federal water pollution control act.
(g) "Fundable range" means those projects, taken in descending
order on the priority lists, for which sufficient funds are
estimated by the department to exist to provide assistance at the
beginning of each annual funding cycle.
(h) "Municipality" means a city, village, county, township,
authority, or other public body, including an intermunicipal agency
of 2 or more municipalities, authorized or created under state law;
or an Indian tribe that has jurisdiction over construction and
operation of sewage treatment works or other projects qualifying
under section 319 of title III of the federal water pollution
control
act, chapter 758, 101 Stat. 52, 33 U.S.C. USC
1329.
(i) "Nonpoint source project" means construction activities
designed to reduce nonpoint source pollution consistent with the
state nonpoint source management plan pursuant to section 319 of
title
III of the federal water pollution control act, chapter 758,
101
Stat. 52, 33 U.S.C. USC
1329.
(j) "Priority list" means the annual ranked listing of
projects developed by the department in section 5303 or used by the
department pursuant to section 5315.
(k) "Project" means a sewage treatment works project, a
stormwater treatment project, or a nonpoint source project, or a
combination of these.
(l) "Project refinancing assistance" means buying or
refinancing the debt obligations of municipalities within the state
if construction activities commenced after March 7, 1985 and the
debt obligation was incurred after March 7, 1985.
(m) "Sewage treatment works project" means construction
activities on any device or system for the treatment, storage,
collection, conveyance, recycling, or reclamation of the sewage of
a municipality, including combined sewer overflow correction and
major rehabilitation of sewers.
(n) "Stormwater treatment project" means construction
activities of a municipality on any device or system for the
treatment, storage, recycling, or reclamation of storm water that
is conveyed by a storm sewer that is separate from a sanitary
sewer.
(o) "Tier I project" means a project for which assistance is
sought or provided from funds made directly available from the
federal capitalization grant or from the Great Lakes water quality
bond fund pursuant to section 19708(1)(a).
(p) "Tier II project" means a project for which assistance is
sought or provided from funds other than those made directly
available from the federal capitalization grant or from the Great
Lakes water quality bond fund pursuant to section 19708(1)(a).
Sec. 5309a. Assistance provided by a private, investor owned
utility for sewage treatment works projects and stormwater
treatment projects under this act shall be in accordance with all
applicable provisions of this act and the construction and
operation requirements of the federal water pollution control act
and the natural environmental policy act of 1969, 42 USC 4321, 4331
to 4335, and 4341 to 4347.