Bill Text: MI SB0280 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Natural resources; funding; Michigan natural resources trust fund; clarify criteria for eligible expenditures. Amends secs. 1901, 1902, 1903, 1905, 1907 & 1907a of 1994 PA 451 (MCL 324.1901 et seq.) & adds sec. 1907b.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-05-24 - Referred To Committee On Appropriations [SB0280 Detail]
Download: Michigan-2017-SB0280-Engrossed.html
SB-0280, As Passed Senate, May 24, 2017
SUBSTITUTE FOR
SENATE BILL NO. 280
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 1901, 1902, 1903, 1905, 1907, and 1907a (MCL
324.1901, 324.1902, 324.1903, 324.1905, 324.1907, and 324.1907a),
section 1901 as added by 1995 PA 60, sections 1902, 1905, 1907, and
1907a as amended by 2012 PA 619, and section 1903 as amended by
2011 PA 117, and by adding section 1907b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1901. As used in this part:
(a) "Board" means the Michigan natural resources trust fund
board established in section 1905.
(b) "Economic development revenue bonds (oil and gas
revenues), series 1982A, dated December 1, 1982" includes bonds
refunding these bonds, provided that any refunding bonds mature no
later than September 1, 1994.
(c) "Local unit of government" means a county, city, township,
village, school district, the Huron-Clinton metropolitan authority,
or any authority composed of counties, cities, townships, villages,
or school districts, or any combination thereof, which authority is
legally constituted to provide public recreation.
(d) "Total expenditures" means the amounts actually expended
from
the trust fund as authorized by section 1903(1) and (2).1903.
(e) "Trust fund" means the Michigan natural resources trust
fund established in section 35 of article IX of the state
constitution of 1963.
Sec. 1902. (1) In accordance with section 35 of article IX of
the state constitution of 1963, the Michigan natural resources
trust fund is established in the state treasury. The trust fund
shall consist of all bonuses, rentals, delayed rentals, and
royalties collected or reserved by the state under provisions of
leases for the extraction of nonrenewable resources from state
owned lands. However, the trust fund shall not include bonuses,
rentals, delayed rentals, and royalties collected or reserved by
the state from the following sources:
(a) State owned lands acquired with money appropriated from
the former game and fish protection fund or the game and fish
protection account of the Michigan conservation and recreation
legacy fund provided for in section 2010.
(b) State owned lands acquired with money appropriated from
the subfund account created by former section 4 of former 1976 PA
204.
(c) State owned lands acquired with money appropriated from
related federal funds made available to the state under the
Pittman-Robertson
wildlife restoration act, 16 USC 669 to 669k,
669i, or the Dingell-Johnson sport fish restoration act, 16 USC 777
to
777n.777m.
(d) Money received by the state from net proceeds allocable to
the nonconventional source production credit contained in section
45k of the internal revenue code of 1986, 26 USC 45k, as provided
for in section 503.
(2)
Notwithstanding subsection (1), until the trust fund
reaches
an accumulated principal of $500,000,000.00, $10,000,000.00
of
the revenues from bonuses, rentals, delayed rentals, and
royalties
described in this section, but not including money
received
by the state from net proceeds allocable to the
nonconventional
source production credit contained in section 45k
of
the internal revenue code of 1986, 26 USC 45k, as provided for
in
section 503, otherwise dedicated to the trust fund that are
received
by the trust fund each state fiscal year shall be
transferred
to the state treasurer for deposit into the Michigan
state
parks endowment fund. However, until the trust fund reaches
an
accumulated principal of $500,000,000.00, in any state fiscal
year,
not more than 50% of the total revenues from bonuses,
rentals,
delayed rentals, and royalties described in this section,
but
not including net proceeds allocable to the nonconventional
source
production credit contained in section 45k of the internal
revenue
code of 1986, 26 USC 45k, as provided in section 503,
otherwise
dedicated to the trust fund that are received by the
trust
fund each state fiscal year shall be transferred to the
Michigan
state parks endowment fund. To implement this subsection,
until
the trust fund reaches an accumulated principal of
$500,000,000.00,
the department shall transfer 50% of the money
received
by the trust fund each month pursuant to subsection (1) to
the
state treasurer for deposit into the Michigan state parks
endowment
fund. The department shall make this transfer on the last
day
of each month or as soon as practicable thereafter. However,
not
more than a total of $10,000,000.00 shall be transferred in any
state
fiscal year pursuant to this subsection.
(2) (3)
The trust fund may receive
appropriations, money, or
other things of value.
(3) (4)
The state treasurer shall direct
the investment of the
trust fund. The state treasurer shall have the same authority to
invest the assets of the trust fund as is granted to an investment
fiduciary under the public employee retirement system investment
act,
1965 PA 314, MCL 38.1132 to 38.1140m.38.1141. To mitigate
against the fluctuation of investment performance, the state
treasurer may establish a stabilization account within the trust
fund consisting of interest and earnings of the trust fund.
(4) (5)
The department shall annually
prepare a report
containing an accounting of revenues and expenditures from the
trust fund. This report shall identify the interest and earnings of
the trust fund from the previous year, the cumulative total amount
of unexpended interest and earnings held by the trust fund, the
amount of money in the trust fund's stabilization account, the
investment performance of the trust fund during the previous year,
and the total amount of appropriations from the trust fund during
the previous year. This report shall be provided to the senate and
house of representatives appropriations committees and the standing
committees of the senate and house of representatives with
jurisdiction over issues pertaining to natural resources and the
environment.
(6)
As used in this section, "Michigan state parks endowment
fund"
means the Michigan state parks endowment fund established in
section
35a of article IX of the state constitution of 1963 and
provided
for in section 74119.
Sec. 1903. (1) Subject to the limitations of this part and of
section 35 of article IX of the state constitution of 1963, the
interest and earnings of the trust fund in any 1 state fiscal year
may be expended in subsequent state fiscal years only for the
following purposes:
(a) The acquisition of land or rights in land for recreational
uses or protection of the land because of its environmental
importance or its scenic beauty.
(b) The development of public recreation facilities.
(c) The administration of the fund, including full funding for
all payments in lieu of taxes on state-owned land purchased through
the trust fund. The legislature shall make appropriations from the
trust fund each state fiscal year to make full payments in lieu of
taxes on state-owned land purchased through the trust fund, as
provided in section 2154.
(2)
In addition to the money described in subsection (1), 33-
1/3%
of the money, exclusive of interest and earnings, received by
the
trust fund in any state fiscal year may be expended in
subsequent
state fiscal years for the purposes described in
subsection
(1). However, the authorization for the expenditure of
money
provided in this subsection does not apply after the state
fiscal
year in which the total amount of money in the trust fund,
exclusive
of interest and earnings and amounts authorized for
expenditure
under this section, exceeds $500,000,000.00.
(2) (3)
An expenditure from the trust fund
may be made in the
form of a grant to a local unit of government or public authority,
subject to all of the following conditions:
(a) The grant is used for the purposes described in subsection
(1).
(b) The grant is matched by the local unit of government or
public authority with at least 25% of the total cost of the
project.
(3) (4)
Not less than 25% of the total
amounts made available
for expenditure from the trust fund from any state fiscal year
shall be expended for acquisition of land and rights in land, and
not more than 25% of the total amounts made available for
expenditure from the trust fund from any state fiscal year shall be
expended for development of public recreation facilities.
(4) (5)
If property that was acquired with
money from the
trust
fund is subsequently sold or transferred by the this state,
to
a nongovernmental entity, the this
state shall forward to the
state treasurer for deposit into the trust fund an amount of money
equal to the following:
(a) If the property was acquired solely with trust fund money,
the greatest of the following:
(i) The net proceeds of the sale.
(ii) The fair market value of the property at the time of the
sale or transfer.
(iii) The amount of money that was expended from the trust
fund to acquire the property.
(b) If the property was acquired with a combination of trust
fund money and other restricted funding sources governed by federal
or state law, an amount equal to the percentage of the funds
contributed by the trust fund for the acquisition of the property
multiplied by the greatest of the amounts under subdivision (a)(i),
(ii), and (iii).
Sec. 1905. (1) The Michigan natural resources trust fund board
is
established within the department. The board shall have has the
powers and duties of an agency transferred under a type I transfer
pursuant to section 3 of the executive organization act of 1965,
1965 PA 380, MCL 16.103. The board shall be administered under the
supervision of the department and the department shall offer its
cooperation and aid to the board and shall provide suitable offices
and equipment for the board.
(2)
The board shall consist consists
of 5 members. The members
shall include the director or a member of the commission as
determined
by the commission, and 4 residents of the this state to
be appointed by the governor with the advice and consent of the
senate.
(3)
The terms of the appointive members shall be are 4
years,
except that of those first appointed, 1 shall be appointed for 1
year, 1 shall be appointed for 2 years, 1 shall be appointed for 3
years, and 1 shall be appointed for 4 years.
(4) The appointive members may be removed by the governor for
inefficiency, neglect of duty, or malfeasance in office.
(5) Vacancies on the board shall be filled for the unexpired
term in the same manner as the original appointments.
(6) The board may incur expenses necessary to carry out its
powers and duties under this part and shall compensate its members
for actual expenses incurred in carrying out their official duties.
Sec.
1907. (1) The board shall determine consider which lands
and
rights in land within the this
state should be acquired and
which public recreation facilities should be developed with money
from the trust fund and shall submit its recommendation to the
legislature
in January of each year a list of those lands and
rights in land and those public recreation facilities that the
board
has determined recommends should be acquired or developed
with trust fund money, compiled in order of priority. The list
prepared under this subsection shall be based upon the accounting
of revenues available for expenditure as described in the report
prepared under section 1902(4) and shall contain proposed
appropriations for the development of public recreation facilities
equal to 25% of the interest and earnings of the trust fund from
the previous year. In addition, if the board has received other
applications for the development of public recreation facilities
that meet the requirements of this part, the board shall propose
the use of up to 25% of the money in the stabilization account
established in section 1902(3) to fund those projects. In preparing
the list under this subsection, the board shall do all of the
following:
(a) Give consideration to the purchase of rights in land
previously purchased with federal funds or other restricted state
funds in a manner that allows restrictions to be removed to provide
for greater use of the property.
(b) Give consideration to the reimbursement of federal funds
that were used to purchase rights in land in a manner that allows
restrictions to be removed to provide for greater use of the
property.
(c) Give consideration to funding the acquisition of land or
rights in land under section 1903(1)(a) for land that has already
been developed for recreation purposes or that is proposed for
development for recreation purposes. However, land or rights in
land are eligible for acquisition under this subdivision only if
the land is not currently managed for public outdoor recreation.
(d) (a)
Give a preference to the following:
(i) A project or acquisition that is located within a local
unit of government that has adopted a resolution in support of the
project or acquisition.
(ii) The acquisition of land and rights in land for
recreational trails that intersect the downtown areas of cities and
villages.
(e) (b)
Identify each parcel of land that
is recommended for
acquisition by legal description and include the estimated cost of
acquisition and assessed value.
(f) For each parcel of land that is recommended for
acquisition by the department, include both of the following:
(i) The provisions of the strategic plan provided for in
section 503 applicable to that parcel and a description of how the
acquisition of that land will be consistent with the strategic
plan.
(ii) All restrictions on access to the land or uses of the
land that the department intends to impose if the land is acquired
by the department.
(g) (c)
Provide a scoring of each parcel of
land that meets
the requirements of this part recommended for acquisition and a
scoring of each project recommended for development of public
recreation facilities that meets the requirements of this part,
individually.
(h) (d)
Give consideration to an
acquisition that meets either
or both of the following:
(i) Is located within a county that contains 50% or more
privately owned land.
(ii) Allows motorized recreational use.
(2) In preparing the list of lands to be acquired or developed
under subsection (1), the following apply:
(a) The board shall not include an acquisition of land on the
list if the board determines that the seller was harassed,
intimidated, or coerced into selling his or her land by the
department, a local unit of government, or a qualified conservation
organization.
(b) A project or acquisition may be named in honor or memory
of an individual or organization.
(3) The list prepared under subsection (1) shall be
accompanied by estimates of total costs for the proposed
acquisitions and developments.
(4) The board shall supply with the list prepared under
subsection (1) a statement of the guidelines used in listing and
assigning the priority of these proposed acquisitions and
developments.
(5)
The legislature shall approve by law the appropriate money
for the funding of lands and rights in land and the public
recreation facilities to be acquired or developed each year with
money from the trust fund. The legislature may include in this
appropriation all or a portion of the money held in the
stabilization account authorized under section 1902(3). However,
the legislature shall not fund a project that has not been scored
by the board under section 1907.
(6) As used in this section, "qualified conservation
organization" means that term as it is defined in section 7o of the
general property tax act, 1893 PA 206, MCL 211.7o.
Sec. 1907a. (1) Following the appropriation of money under
section 1907 for use as a grant to a local unit of government or
public authority, but prior to the release of that money, the
department shall enter into a grant agreement with the recipient of
the grant. The grant agreement must include the following
provisions:
(a) An annual accounting of the expenditure of the grant
proceeds.
(b) If the project has not been completed and the grant has
not been terminated within 2 years, the recipient of the grant must
request an extension of the grant agreement from the department.
This request must include both of the following:
(i) The status of the project.
(ii) Reasons why the extension is needed.
(c) At the discretion of the department, the extension request
may be granted.
(d) If the department determines progress is not being made on
the project and the project is not likely to be completed, the
department will terminate the grant agreement and the recipient of
the grant will be required to withdraw the project and immediately
return the entire proceeds of the grant.
(2) Within 30 days after entering into a grant agreement under
subsection (1) for the development of public recreation facilities,
the department shall release to the grant recipient the entire
amount of money appropriated for the grant.
(3) If a grant agreement is terminated under subsection (1),
the attorney general, on behalf of the department, may bring an
action to recover the proceeds of the grant.
(4)
(1) If within 2 years after a parcel
of property that is
approved
for acquisition or development by the legislature has not
been
acquired or developed in the manner determined by the board
and
is not open for public use, the The
board shall report to the
standing committees of the senate and the house of representatives
with jurisdiction over issues related to natural resources and the
environment
on the status of the project and the reason why the
property
has not been purchased or developed in the manner
determined
by the board. information
received related to subsection
(1)(a) to (d). The department shall post on its website a bimonthly
report
of project status containing of
all open projects funded by
the trust fund, including information described in this subsection.
(5) (2)
Following the appropriation of
money from the trust
fund,
if the a public recreation project changes significantly, the
board shall submit the changes to the joint capital outlay
subcommittee of the legislature to review whether the proposed
changed project is consistent with the purpose of the
appropriation. As used in this subsection, "changes significantly"
means changes to a project such that the project would not have
been funded had the change been in place during the evaluation of
the project.
Sec. 1907b. (1) Except for land purchased entirely with
funding from the land exchange facilitation fund created in section
2134, the department shall not acquire land in this state with
funding from any source unless the department has first submitted
an application for funding from the trust fund and funding from the
trust fund for the acquisition of that land has been denied.
(2) Upon acquisition of land with money from the trust fund,
the department shall manage that land consistent with the
restrictions on access and use of the land that were identified in
section 1907(1)(h). The department may change the restrictions on
access or use of the land only if both of the following conditions
are met:
(a) The governing body of each city, village, or township in
which the land is located adopts a resolution in support of the
changes.
(b) The natural resources commission approves the changes.