Section 324.20113 - Appropriation; purposes; request to governor; list of sites; use of fund; expenditures; limitation; providing list of projects to governor and legislative committees.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.20113 Appropriation; purposes; request to governor; list of sites; use of fund; expenditures; limitation; providing list of projects to governor and legislative committees.
Sec. 20113.
(1) Money required to implement the programs described under this part and to pay for response activities recommended under this part shall be appropriated from the fund and any other source the legislature considers necessary to implement the requirements of this part.
(2) Money from the fund shall be appropriated only for response activities at sites that have been subjected to the risk assessment process described in section 20105.
(3) The department shall annually submit to the governor a request for appropriation from the fund. The request will include a lump sum amount for the purposes of subsection (4)(a) and a lump sum amount for the purposes of subsection (4)(f). For the purposes set forth in subsection (4)(b), (c), (d), and (e), the request shall include a list of sites where the department is proposing to expend funds. The list shall include the following information for each site: the common name of the site, the response activities that are planned to be conducted, and the estimated amount of money that is needed to conduct the response activities. The legislature shall approve by law the list of sites to be addressed and shall provide a lump sum appropriation for these sites based on the total estimated amount needed for the approved sites.
(4) Money from the fund may be used, upon appropriation, for the following as determined by the department:
(a) National priority list municipal landfill cost-share grants to be approved by the board pursuant to section 20109a.
(b) Superfund match, which includes funding for any response activity that is required to match federal dollars at a superfund site as required under the comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510, 94 Stat. 2767.
(c) Response activities to address actual or potential public health or environmental problems.
(d) Completion of response activities initiated by the state using environmental protection bond funds or completion of response activities at facilities initiated by a person who was liable under this part prior to Public Act 71 of 1995 but is not liable under section 20126 of this part, where such response activities have ceased.
(e) Response activities at sites that will facilitate redevelopment.
(f) Emergency response actions for sites to be determined by the department.
(5) Money in the fund shall be expended first for the purposes described in subsection (4)(b) and (f) and health or environmental problems under subsection (4)(c) that are related to acute health or environmental problems. Following these expenditures, not less than 50% of the remaining money expended under this section shall be expended for response activities that facilitate redevelopment of urbanized areas. All additional expenditures under this section shall be expended following the expenditures described in this subsection. As used in this subsection, “urbanized area” means an urbanized area as determined by the economics and statistics administration, United States bureau of census, according to the 1990 census.
(6) The total amount of funds expended by the department for national priority list municipal landfill cost-share grants shall not exceed the lesser of 12% of the funds appropriated from the fund in a fiscal year or $6,000,000.00 in a fiscal year.
(7) Not later than December 31 of each year, the department shall provide to the governor, the senate and house of representatives standing committees with jurisdiction over issues pertaining to natural resources and the environment, and the senate and house of representatives appropriations committees a list of all projects financed under this part through the preceding fiscal year. The list shall include the project site and location, the nature of the project, the total amount of money authorized, the total amount of money expended, and project status.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 71, Imd. Eff. June 5, 1995 ;-- Am. 1996, Act 380, Imd. Eff. July 24, 1996 ;-- Am. 1996, Act 383, Imd. Eff. July 24, 1996
Popular Name: Act 451
Popular Name: Environmental Remediation
Popular Name: Environmental Response Act
Popular Name: NREPA