Title 324, NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION

Sec. 19503. (1) The bonds issued under former Act No. 326 of the Public Acts of 1988 or part 193 shall be issued in 1 or more series, each series to be in a principal amount, to be dated, to have the maturities which may be either serial, term, or term and serial, to bear interes…

Sec. 19504. Bonds issued under former Act No. 326 of the Public Acts of 1988 or part 193 shall be fully negotiable under the uniform commercial code, Act No. 174 of the Public Acts of 1962, being sections 440.1101 to 440.11102 of the Michigan Compiled Laws. The bonds and the inte…

Sec. 19505. Bonds issued under former Act No. 326 of the Public Acts of 1988 or part 193 are made securities in which banks, savings and loan associations, investment companies, credit unions, and other persons carrying on a banking business; all insurance companies, insurance as…

Sec. 19506. (1) The environmental protection bond fund is created in the state treasury. (2) The fund shall consist of all of the following: (a) The proceeds of sales of general obligation bonds issued pursuant to former Act No. 326 of the Public Acts of 1988 or part 193 and any …

Sec. 19507. (1) The total proceeds of all bonds issued under former Act No. 326 of the Public Acts of 1988 or part 193 shall be deposited into the fund and allocated as follows: (a) Except as provided in section 19508(1)(a)(ii) and as otherwise provided in this act, not more than…

Sec. 19508. (1) Except as provided in subsection (3), money in the fund that is allocated under section 19507 shall be used for the following purposes: (a) Money in the fund that is allocated under section 19507(1)(a) shall be used for sites identified through parts 201 and 213, …

Sec. 19509. (1) The department shall promulgate rules necessary to implement grant and loan programs provided in this part. (2) The department shall assure maximum participation by local units of government and by private entities by promulgating rules that provide for a grant or…

Sec. 19510. (1) An application for a grant or a loan authorized under this part shall be made on a form prescribed by the department. The department may require the applicant to provide any information reasonably necessary to allow the department to make a determination required …

Sec. 19511. The department shall not make a grant or a loan under section 19508(1)(a) or (b) unless all of the following conditions are met: (a) The applicant demonstrates that the proposed project is in compliance with or will result in compliance with all applicable state laws …

Sec. 19512. (1) A recipient of a grant or a loan made under section 19508(1)(a) or (b) must comply with all of the following: (a) A recipient shall keep an accounting of the money spent on the project or facility in a generally accepted manner. The accounting is subject to a post…

Sec. 19513. (1) The department may promulgate rules as are necessary or required to implement this part. (2) For grant projects funded under section 19508(1)(a), the department shall not implement or enforce R 299.5051 to R 299.5061 related to any grant or loan authorized or appr…

Sec. 19601. As used in this part: (a) "Baseline environmental assessment" means that term as defined in sections 20101 and 21302. (b) "Bonds" means the bonds authorized under the clean Michigan initiative act, 1998 PA 284, MCL 324.95101 to 324.95108. (c) "Brownfield project" or "…

Sec. 19602. The legislature finds and declares that the environmental and natural resources protection programs implemented under this part are a public purpose and of paramount public concern in the interest of the health, safety, and general welfare of the citizens of this stat…

Sec. 19603. (1) The bonds shall be issued in 1 or more series, each series to be in a principal amount, to be dated, to have the maturities that may be either serial, term, or both, to bear interest at a rate or rates, to be subject or not subject to prior redemption, and if subj…

Sec. 19604. The bonds shall be fully negotiable under the uniform commercial code, 1962 PA 174, MCL 440.1101 to 440.11102. The bonds and the interest on the bonds shall be exempt from all taxation by the state or any political subdivision of the state.

Sec. 19605. The bonds are securities in which banks, savings and loan associations, investment companies, credit unions, and other persons carrying on a banking business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all…

Sec. 19606. (1) The clean Michigan initiative bond fund is created in the state treasury. (2) The fund shall consist of all of the following: (a) The proceeds of sales of the bonds and any premium and accrued interest received on the delivery of the bonds. (b) Any interest or ear…

Sec. 19607. (1) The total proceeds of all bonds shall be deposited into the fund and allocated as follows: (a) Not more than $335,000,000.00 shall be used for eligible activities at facilities and part 213 properties. (b) Not more than $50,000,000.00 shall be used for waterfront …

Sec. 19608. (1) Money in the fund that is allocated under section 19607 shall be used for the following purposes: (a) Money allocated under section 19607(1)(a) shall be used by the department to fund all of the following: (i) Corrective actions undertaken by the department to add…

Sec. 19608a. (1) The department shall create a clean Michigan initiative grant and revolving loan program for the purpose of making grants and loans to local units of government under section 19608(1)(a)(iv) for eligible activities at eligible properties with redevelopment potent…

Sec. 19608b. With respect to the grants and loans under section 19608(1)(a)(iv), all of the following conditions apply: (a) An applicant must be a local unit of government. (b) A recipient is not eligible to receive more than the following: (i) Except as provided in subparagraphs…

Sec. 19609. (1) An application for a grant or a loan from the fund shall be made on a form or in a format prescribed by the administering state department. The administering state department may require the applicant to provide any information reasonably necessary to allow the ad…

Sec. 19610. (1) Upon receipt of a grant or loan application, for funding provided under section 19608(1)(a)(iv), the department shall review the application based on the following considerations: (a) Whether the brownfield project proposed to be funded is authorized by this part.…

Sec. 19610a. For the funds to be used to provide grants and loans under section 19608(1)(a)(iv), all of the following apply: (a) To receive grant or loan funds, approved applicants must enter into a grant or loan agreement with the department. At a minimum, the grant or loan agre…

Sec. 19611. (1) Prior to making a grant or loan with money from the fund, the administering state department shall consider the extent to which the making of the grant or loan contributes to the achievement of a balanced distribution of grants and loans throughout the state. (2) …

Sec. 19612. (1) A recipient of a grant or a loan made with money from the fund shall do both of the following: (a) Keep an accounting of the money spent on the project or facility in a generally accepted manner. The accounting is subject to a postaudit. (b) Obtain authorization f…

Sec. 19613. Of the funds to be used to provide grants and loans under section 19608(1)(a)(iv), all of the following conditions apply: (a) A recipient of a grant shall receive not more than 1 grant per year not to exceed $1,000,000.00 per grant. (b) A recipient of a loan shall rec…

Sec. 19614. The department and the department of the attorney general may recover costs expended pursuant to section 19608(1)(a)(i) to (iv) for corrective actions, response activities, site assessments, and all other recoverable costs under part 201 from persons who are liable un…

Sec. 19615. Every 2 years that state programs funded with money from the fund continue to be administered, the auditor general shall conduct a performance audit of these programs. Upon completion of a performance audit under this section, the auditor general shall submit a copy o…

Sec. 19616. The department may promulgate rules as are necessary to implement this part.

Sec. 19701. As used in this part: (a) "Bonds" means the bonds authorized under the Great Lakes water quality bond authorization act. (b) "Department" means the department of environmental quality. (c) "Fund" means the Great Lakes water quality bond fund created in section 19706.

Sec. 19702. The legislature finds and declares that the environmental, natural resources, and water quality protection programs implemented under this part are a public purpose and of paramount public concern in the interest of the health, safety, and general welfare of the citiz…

Sec. 19703. (1) Subject to subsection (2), the bonds shall be issued in 1 or more series, each series to be in a principal amount, to be dated, to have the maturities which may be either serial, term, or both, to bear interest at a rate or rates, to be subject or not subject to p…

Sec. 19703a. (1) Bonds issued under this part are subject to the following: (a) For the state fiscal year ending on September 30, 2011, bonds must not be issued or expended under this part for the purposes of section 5204b, unless the department of natural resources and environme…

Sec. 19704. The bonds shall be fully negotiable under the uniform commercial code, 1962 PA 174, MCL 440.1101 to 440.11102. The bonds and the interest on the bonds shall be exempt from all taxation by the state or any political subdivision of the state.

Sec. 19705. The bonds are securities in which banks, savings and loan associations, state authorities, investment companies, credit unions, and other persons carrying on a banking business; all insurance companies, insurance associations, and other persons carrying on an insuranc…

Sec. 19706. (1) The Great Lakes water quality bond fund is created in the state treasury. (2) The fund shall consist of all of the following: (a) The proceeds of sales of the bonds sold at public or private sale and any premium and accrued interest received on the delivery of the…

Sec. 19707. (1) The total proceeds of all bonds sold at public or private sale shall be deposited into the fund. (2) The state treasurer shall direct the investment of the fund. (3) The bond proceeds shall be expended in an appropriate manner that maintains the tax exempt status …

Sec. 19708. (1) Subject to subsections (2), (3), and (4), the state treasurer shall transfer money in the fund as follows: (a) In aggregate, not more than $290,000,000.00 of the money in the fund shall be deposited into the state water pollution control revolving fund created in …

Sec. 2001. As used in this part: (a) "Forest recreation account" means the forest recreation account of the legacy fund provided for in section 2005. (b) "Game and fish protection account" means the game and fish protection account of the legacy fund provided for in section 2010.…

Sec. 2002. (1) In accordance with section 40 of article IX of the state constitution of 1963, the Michigan conservation and recreation legacy fund is established in the state treasury. (2) The state treasurer shall direct the investment of the legacy fund. The state treasurer sha…

Sec. 2005. (1) The forest recreation account is established as an account within the legacy fund. (2) The forest recreation account shall consist of both of the following: (a) All money in the forest recreation fund, formerly created in section 83104, immediately prior to the eff…

Sec. 2010. (1) The game and fish protection account is established as an account within the legacy fund. (2) The game and fish protection account shall consist of all of the following: (a) Revenue derived from hunting and fishing licenses, passbooks, permits, fees, concessions, l…

Sec. 20101. (1) As used in this part: (a) "Act of God" means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or…

Sec. 20101a. (1) For purposes of this part, a lender holding a security interest in a facility participates in the management of the facility if that lender engages in acts of facility management that constitute actual participation in the management or operational affairs of a f…

Sec. 20101b. (1) A lender or other person that has not participated in the management of a property as described in section 20101a before assuming ownership or control of the property as a fiduciary, as defined by section 1104 of the estates and protected individuals code, 1998 P…