HB5652, As Passed House, Sep, 22, 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5652

May 12, 2016, Introduced by Reps. Byrd, Sheppard, Hughes, Hovey-Wright and LaVoy and referred to the Committee on Local Government.

 

     A bill to amend 1984 PA 270, entitled

 

"Michigan strategic fund act,"

 

by amending section 4 (MCL 125.2004), as amended by 2014 PA 507.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. As used in this act:

 

     (a) "Board" means the board of directors of the Michigan

 

strategic fund, except where the context clearly requires a

 

different definition.

 

     (b) "Economic development project" means an endeavor related

 

to industrial, commercial, or agricultural enterprise. Economic

 

development project includes, but is not limited to, a theme or

 

recreation park; agricultural or forestry production, harvesting,

 

storage, or processing facilities or equipment; port facilities;

 

and the use of equipment or facilities designed to produce energy

 

from renewable resources. Economic development project does not


include that portion of an endeavor devoted to the sale of goods at

 

retail, except that, as used in relation to the fund insuring a

 

transaction entered into by a depository institution, and as used

 

in relation to a loan by the fund to a minority owned business, an

 

economic development project may include that portion of an

 

endeavor devoted to the sale of goods at retail. Economic

 

development project does not include that portion of an endeavor

 

devoted to housing or a program or activity authorized under

 

chapter 8A.

 

     (c) "Financial institution" means a state or nationally

 

chartered bank or a state or federally chartered savings and loan

 

association, savings bank, or credit union whose deposits are

 

insured by an agency of the United States government and that

 

maintains a principal office or branch office in this state under

 

the laws of this state or the United States.

 

     (d) "Fund" means the Michigan strategic fund created under

 

section 5, except where the context clearly requires a different

 

definition.

 

     (e) "Green chemistry" means chemistry and chemical engineering

 

to design chemical products or processes that reduce or eliminate

 

the use or generation of hazardous substances, while producing

 

high-quality products through safe and efficient manufacturing

 

processes. Green chemistry is guided by the following 12

 

principles:

 

     (i) Prevent waste: Design chemical syntheses to prevent waste,

 

leaving no waste to treat or clean up.

 

     (ii) Design safer chemicals and products: Design chemical


products to be fully effective, yet have little or no toxicity.

 

     (iii) Design less hazardous chemical syntheses: Design

 

syntheses to use and generate substances with little or no toxicity

 

to humans and the environment.

 

     (iv) Use renewable feedstocks: Use raw materials and

 

feedstocks that are renewable rather than depleting. Renewable

 

feedstocks are often made from agricultural products or are the

 

wastes of other processes; depleting feedstocks are made from

 

fossil fuels, including petroleum, natural gas, or coal, or are

 

mined.

 

     (v) Use catalysts, not stoichiometric reagents: Minimize waste

 

by using catalytic reactions. Catalysts are used in small amounts

 

and can carry out a single reaction many times. They are preferable

 

to stoichiometric reagents, which are used in excess and work only

 

once.

 

     (vi) Avoid chemical derivatives: Avoid using blocking or

 

protecting groups or any temporary modifications if possible.

 

Derivatives use additional reagents and generate waste.

 

     (vii) Maximize atom economy: Design syntheses so that the

 

final product contains the maximum proportion of the starting

 

materials. There should be few, if any, wasted atoms.

 

     (viii) Use safer solvents and reaction conditions: Avoid using

 

solvents, separation agents, or other auxiliary chemicals. If these

 

chemicals are necessary, use innocuous chemicals.

 

     (ix) Increase energy efficiency: Run chemical reactions at

 

ambient temperature and pressure whenever possible.

 

     (x) Design chemicals and products to degrade after use: Design


chemical products to break down to innocuous substances after use

 

so that they do not accumulate in the environment.

 

     (xi) Analyze in real-time to prevent pollution: Include in-

 

process real-time monitoring and control during syntheses to

 

minimize or eliminate the formation of by-products.

 

     (xii) Minimize the potential for accidents: Design chemicals

 

and their forms, including solid, liquid, or gas, to minimize the

 

potential for chemical accidents, including explosions, fires, and

 

releases to the environment.

 

     (f) "Michigan economic development corporation" or "MEDC"

 

means the Michigan economic development corporation, the public

 

body corporate created under section 28 of article VII of the state

 

constitution of 1963 and the urban cooperation act of 1967, 1967

 

(Ex Sess) PA 7, MCL 124.501 to 124.512, by a contractual interlocal

 

agreement effective April 5, 1999, and subsequently amended,

 

between local participating economic development corporations

 

formed under the economic development corporations act, 1974 PA

 

338, MCL 125.1601 to 125.1636, and the fund.

 

     (g) "Municipality" means a county, city, village, township,

 

port district, development organization, institution of higher

 

education, community or junior college, or subdivision or

 

instrumentality of any of the legal entities listed in this

 

subdivision.

 

     (h) "Person" means an individual, sole proprietorship,

 

partnership, limited partnership, limited liability partnership,

 

limited liability company, joint venture, profit or nonprofit

 

corporation including a public or private college or university,


public utility, municipality, local industrial development

 

corporation, economic development corporation, other association of

 

persons organized for agricultural, commercial, or industrial

 

purposes, a lender, or any other entity approved by the board.

 

     (i) "Port facilities" means seawall jetties; piers; wharves;

 

docks; boat landings; marinas; warehouses; storehouses; elevators;

 

grain bins; cold storage plants; bunkers; oil tanks; ferries;

 

canals; locks; bridges; tunnels; seaways; conveyors; modern

 

appliances for the economical handling, storage, and transportation

 

of freight and handling of passenger traffic; transfer and terminal

 

facilities required for the efficient operation and development of

 

ports and harbors; other harbor improvements; or improvements,

 

enlargements, remodeling, or extensions of any of these buildings

 

or structures; and other real or personal property necessary to

 

enhance commercial maritime activities. Port facilities do not

 

include an international bridge or international tunnel.

 

     (j) "Project" means an economic development project and, in

 

addition, means the acquisition, construction, reconstruction,

 

conversion, or leasing of an industrial, commercial, retail,

 

agricultural, or forestry enterprise, or any part of these, to

 

carry out the purposes and objectives of this act and of the fund,

 

including, but not limited to, acquisition of land or interest in

 

land, buildings, structures, or other planned or existing planned

 

improvements to land including leasehold improvements, machinery,

 

equipment, or furnishings which include, but are not limited to,

 

the following: research parks; office facilities; engineering

 

facilities; research and development laboratories; warehousing


facilities; parts distribution facilities; depots or storage

 

facilities; port facilities; railroad facilities, including

 

trackage, right of way, and appurtenances; airports; bridges and

 

bridge facilities; water and air pollution control equipment or

 

waste disposal facilities; theme or recreational parks; equipment

 

or facilities designed to produce energy from renewable resources;

 

farms, ranches, forests, and other agricultural or forestry

 

commodity producers; agricultural harvesting, storage,

 

transportation, or processing facilities or equipment; grain

 

elevators; shipping heads and livestock pens; livestock;

 

warehouses; wharves and dock facilities; dredging of recreational

 

or commercial harbors; water, electricity, hydro electric, coal,

 

petroleum, or natural gas provision facilities; dams and irrigation

 

facilities; sewage, liquid, and solid waste collection, disposal

 

treatment, and drainage services and facilities. Project does not

 

include a program or activity authorized under chapter 8A.

 

     (k) "Private sector" means other than the fund, a state or

 

federal source, or an agency of a state or the federal government.