May 25, 2005, Introduced by Senator BROWN and referred to the Committee on Agriculture, Forestry and Tourism.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 14501 and 14513 (MCL 324.14501 and 324.14513),
section 14501 as amended by 2004 PA 333 and section 14513 as
amended by 2004 PA 334.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14501. As used in this part:
(a) "Agricultural biomass" means residue and waste generated
from the production and processing of agricultural products, animal
wastes, or food processing wastes.
(b) (a)
"Department" means the department of
environmental
quality.
(c) (b)
"Director" means the director of the
department of
environmental quality.
(d) "Eligible farmer" means a person who processes
agricultural products or a person who is engaged as an owner-
operator of a farm in the production of agricultural goods as
defined by section 35(1)(h) of the single business tax act, 1975 PA
228, MCL 208.35. Eligible farmer does not include a person who has
been found guilty of a criminal violation under, or a person who
has been determined responsible for 2 or more civil violations
under, part 31 within a 1-year period immediately preceding the
date of application for a loan under section 14513.
(e) (c)
"Environmental wastes" means all
environmental
pollutants, wastes, discharges, and emissions, regardless of how
they are regulated and regardless of whether they are released to
the general environment or the workplace environment.
(f) (d)
"Pollution prevention" means all of the
following:
(i) "Source reduction" as defined in the
pollution prevention
act
of 1990, subtitle G of title VI of the omnibus budget
reconciliation
act of 1990, Public Law 101-508, 42 U.S.C. 13101 to
13109
42 USC 13102.
(ii) "Pollution prevention" as described in the United States
environmental protection agency's pollution prevention statement
dated June 15, 1993.
(iii) Environmentally sound on-site or off-site reuse or
recycling.
(iv) The use of agricultural biomass by a qualified
agricultural energy production system.
(g) "Qualified agricultural energy production system" means
the structures, equipment, and apparatus to be used to produce a
gaseous fuel from the noncombustive decomposition of agricultural
biomass and the apparatus and equipment used to generate
electricity or heat from the gaseous fuel or store the gaseous fuel
for future generation of electricity or heat. Qualified
agricultural energy production system may include, but is not
limited to, a methane digester, biomass gasification technology, or
thermal depolymerization technology.
(h) (e)
"RETAP" means the retired engineers
technical
assistance program created in section 14511.
(i) (f)
"Retap fund" means the retired engineers
technical
assistance program fund created in section 14512.
(j) (g)
"Small business" means a business that is not
dominant
in its field as defined described in 13 C.F.R.
CFR
part
121 , and
meets both of the following requirements:
(i) Is independently owned or operated, by a person that
employs 500 or fewer individuals.
(ii) Is a small business concern as defined in the
small
business
act, Public Law 85-536, 72 Stat. 384 15 USC 632.
Sec. 14513. (1) The small business pollution prevention
assistance revolving loan fund is created within the state
treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The department shall expend money from the fund, upon
appropriation, to provide loans to small businesses to implement
pollution prevention projects. For each loan issued under this
section, the money shall be disbursed by the department to a
lending institution that has entered into a loan participation
agreement with the department.
(5) To be eligible for a loan from the fund, an applicant
seeking to implement a pollution prevention project under section
14501(f)(iv) shall meet all of the following requirements:
(a) Be an eligible farmer.
(b) Be verified under the Michigan agriculture environmental
assurance program established by Michigan state university in
conjunction with agricultural producers and other interested
groups.
(c) Have applied for 1 or more of the following:
(i) A grant under the renewable energy systems and energy
efficiency improvements program created under 7 USC 8106.
(ii) A conservation innovation grant under 16 USC 3839aa-8.
(iii) A grant under any other federal program that provides
assistance for qualified agricultural energy production systems.
(iv) A contract to receive a cost-share payment for a
structural practice under the environmental quality incentives
program under 16 USC 3839aa to 3839aa-7.
(6) (5)
The maximum amount of a loan from the
fund shall
be
not exceed $150,000.00
, and a or, for a pollution prevention
project under section 14501(f)(iv), $200,000.00. A small business
shall not receive more than 1 loan in any 3-year period. A
pollution prevention project under section 14501(f)(iv) shall not
receive more than 1 loan, whether or not it is a small business.
Interest rates paid by the small business shall be set by the
director, but shall not exceed 5%.
(7) (6)
As used in this section, "fund" means the
small
business pollution prevention assistance revolving loan fund
created in subsection (1).