Bill Text: MI HB5347 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Natural resources; other; reference to emergency managers in the natural resources and environmental protection act; modify to include reference to financial management teams. Amends sec. 5204e of 1994 PA 451 (MCL 324.5204e). TIE BAR WITH: HB 5337'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-12-13 - Bill Electronically Reproduced 12/12/2017 [HB5347 Detail]
Download: Michigan-2017-HB5347-Introduced.html
HOUSE BILL No. 5347
December 12, 2017, Introduced by Rep. Yaroch and referred to the Committee on Local Government.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 5204e (MCL 324.5204e), as amended by 2016 PA
164.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5204e. (1) In addition to other requirements of this
part,
the grant program shall must
provide grants to municipalities
for sewage collection and treatment systems or storm water or
nonpoint source pollution control as provided for in this section.
(2) The grant program is subject to all of the following:
(a)
The grant program shall must
provide grants in accordance
with the following:
(i) Subject to subparagraph (iii), for grants of up to
$1,000,000.00, not more than 90% of the costs incurred by the
municipality.
(ii) Subject to subparagraph (iii), for grants of more than
$1,000,000.00 and less than $2,000,000.00, not more than 90% of the
costs incurred by the municipality up to $1,000,000.00 and not more
than 75% of the costs above $1,000,000.00 incurred by the
municipality.
(iii) If any of the following conditions are met, a grant may
be issued to cover 100% of the costs incurred by the municipality:
(A) The municipality is a disadvantaged community as defined
in part 53.
(B) The municipality is in receivership.
(C) The municipality is operating under an emergency manager
or
an emergency a financial manager management team appointed under
state
law.the local financial
stability and choice act, 2012 PA
436, MCL 141.1541 to 141.1575.
(D) The municipality is operating under a consent agreement as
provided under the local financial stability and choice act, 2012
PA 436, MCL 141.1541 to 141.1575.
(b) A grant may be used for 1 or more of the following
purposes:
(i) Development of an asset management program for a sewage
collection and treatment system or a storm water system. For sewage
collection
and treatment systems, the program shall must include
the development of a funding structure and implementation schedule
that provides sufficient resources to implement the program. The
municipality shall coordinate, as feasible, with other
infrastructure activities in the same geographic area. In addition,
a disadvantaged community may expend not more than $500,000.00 in
grant funds to implement projects identified in the asset
management program.
(ii) Development of management plans for the treatment of
storm water.
(iii) Planning and design of a sewage treatment works project
or stormwater treatment project as defined in section 5301(n) or
(o) or planning and design of construction activities designed to
reduce nonpoint source pollution.
(iv) Project costs of a municipality related to the testing
and demonstration of innovative wastewater and storm water
technologies approved by the department.
(v) For projects to address a substantial public health risk
from treatment system failure, up to 50% of the project costs
related to the planning, design, and construction of a sewage
collection and treatment system. To be eligible for a grant under
this subparagraph, a municipality shall apply on or after June 1,
2016, meet criteria developed by the department, and provide a
demonstration of financial need, including an economic feasibility
study with which the department of treasury concurs. Construction
funding
under this subparagraph shall must
not exceed
$10,000,000.00
and shall must be allocated from wetland mitigation
bank funding authorized in section 5204f(1).
(c) The local match is not eligible for loan assistance from
the state water pollution control revolving fund or the fund.
(d)
Grant funds shall must not be used for general local
government administrative activities or activities performed by
municipal employees that are unrelated to the project.
(e) A municipality shall not receive more than $2,000,000.00
in total grant assistance under this section.
(3) The department shall establish an application and review
process for considering grant applications under this section. The
application
shall must contain the information required by the
department and the authority. Within 60 days after receipt of an
application, the department shall publish notice of the application
on the department's calendar. Within 120 days after receipt of an
administratively complete grant application, the department shall,
in writing, notify the applicant whether the application is
approved or rejected. If the department approves a grant under this
section, the department and the authority shall enter into a grant
agreement
with the recipient prior to before
transferring funds.
The
grant agreement shall must
contain terms established by the
department and the authority, including both of the following:
(a) A requirement that a grant recipient proceed with a
project for which grant funding is provided within 3 years after
the department approves the grant. For asset management programs
related to sewage collection and treatment systems, this includes
significant progress, as determined by the department, toward
achieving the funding structure necessary to implement the program.
(b) A requirement that the grant recipient repay the grant,
within 90 days of being informed to do so, with interest at a rate
not to exceed 8% per year, to the authority for deposit into the
fund if the applicant is unable to, or decides not to, proceed with
a construction project or begin implementation of an asset
management program for which grant funding is provided.
(4) For each year in which the department receives grant
applications under this section, the department shall report by
October 1 of that year to the standing committees of the senate and
the house of representatives with primary jurisdiction over issues
pertaining to natural resources and the environment and to the
senate and house of representatives appropriations committees on
the utilization of funds under this part that were received from
the Great Lakes water quality bond fund created in section 19706.
The
report shall must include, at a minimum, all of the following:
(a) The number of grant applications received under this
section.
(b) The name of each municipality applying for a grant.
(c) The type of project being funded for each grant awarded.
(d) The number of users potentially affected by each grant
awarded.
(e) The amount of the local match for each grant awarded.
(f) The individual and annual cumulative amount of grant funds
awarded, including an identification of whether each award was for
the purpose of applying for assistance from the state water
pollution control revolving fund or the fund.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5337 (request no.
03826'17) of the 99th Legislature is enacted into law.
