Bill Text: MI SB1053 | 2015-2016 | 98th Legislature | Enrolled

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Bill Title: Agriculture; weights and measures; regulatory fee; modify and earmark a portion for gasoline inspection programs. Amends secs. 21506a & 21508 of 1994 PA 451 (MCL 324.21506a & 324.21508).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-12-30 - Assigned Pa 0467'16 12/30/16 Addenda [SB1053 Detail]

Download: Michigan-2015-SB1053-Enrolled.html

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Introduced by Senator Green

STATE OF MICHIGAN 98TH LEGISLATURE

REGULAR SESSION OF 2016

ENROLLED SENATE BILL No. 1053

AN ACT to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 21506a and 21508 (MCL 324.21506a and 324.21508), as amended by 2014 PA 416.

The People of the State of Michigan enact:

Sec. 21506a. (1) The refined petroleum fund is created within the state treasury.

1. The state treasurer may receive money or other assets from any source for deposit into the refined petroleum fund. The state treasurer shall direct the investment of the refined petroleum fund. The state treasurer shall credit to the refined petroleum fund interest and earnings from refined petroleum fund investments.

2. Money in the refined petroleum fund at the close of the fiscal year shall remain in the refined petroleum fund and shall not lapse to the general fund.

3. Money from the refined petroleum fund shall be expended, upon appropriation, only for 1 or more of the following purposes:

   1. Corrective actions performed by the department pursuant to section 21320.

   2. The reasonable costs of the department in administering the refined petroleum fund and implementing part 213.

   3. Not more than $5,000,000.00 annually for petroleum product inspection programs under both of the following:

      1. The weights and measures act, 1964 PA 283, MCL 290.601 to 290.635.

      2. The motor fuels quality act, 1984 PA 44, MCL 290.641 to 290.650d.

   4. Not more than $3,000,000.00 annually for the bureau of fire services and office of the state fire marshal, storage tank division, in the department of licensing and regulatory affairs.

   5. Other purposes as determined by the legislature.

Sec. 21508. (1) An environmental protection regulatory fee is imposed on all refined petroleum products sold for resale in this state or consumption in this state. The regulatory fee shall be charged for capacity utilization of refined petroleum underground storage tanks measured on a per gallon basis. The regulatory fee shall be charged against all refined petroleum products sold for resale in this state or consumption in this state so as to not exclude any products that may be stored in a refined petroleum underground storage tank at any point after the petroleum is refined. The regulatory fee shall be 1 cent per gallon for each gallon of refined petroleum sold for resale in this state or consumption

in this state, with the per gallon charge being a direct measure of capacity utilization of a refined petroleum underground storage tank system. The regulatory fee shall not be imposed on a bulk transfer of or a 2-party exchange involving refined petroleum or refined petroleum products.

1. The department of treasury shall precollect regulatory fees from persons who refine petroleum in this state for resale in this state or consumption in this state and persons who import refined petroleum into this state for resale in this state or consumption in this state. The department of treasury shall collect regulatory fees that can be collected at the same time as the sales tax under section 6a of the general sales tax act, 1933 PA 167, MCL 205.56a. The remainder of the regulatory fees shall be collected in the manner determined by the state treasurer.

2. A public utility with more than 500,000 customers in this state is exempt from any fee or assessment imposed under this part if that fee or assessment is imposed on petroleum used by that public utility for the generation of steam or electricity.

3. All regulatory fees collected pursuant to this part during each state fiscal year shall be deposited as follows:

   1. The first $20,000,000.00 that is collected shall be deposited into the fund.

   2. Following the deposit under subdivision (a), all money collected shall be deposited into the refined petroleum fund.

4. The department of treasury may audit, enforce, collect, and assess the fee imposed by this part in the same manner and subject to the same requirements as revenues collected pursuant to 1941 PA 122, MCL 205.1 to 205.31.

   
   

   Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 98th Legislature are enacted into law:

   1. Senate Bill No. 506.

   2. Senate Bill No. 1051.

   3. Senate Bill No. 1052.

Secretary of the Senate Clerk of the House of Representatives

Approved Governor