April 21, 2016, Introduced by Senator SCHMIDT and referred to the Committee on Commerce.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 19511, 19512, and 19513 (MCL 324.19511,
324.19512, and 324.19513), as added by 1995 PA 60.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 and rules. , or the proposed project will result in
compliance
with state laws and rules.
(b) The applicant demonstrates to the department the
capability to carry out the proposed project.
(c) The applicant provides the department with evidence that a
licensed professional engineer has approved the plans and
specifications for the project, if appropriate.
(d) The applicant demonstrates to the department that there is
an identifiable source of funds for the future maintenance and
operation of the proposed project.
(e) Notwithstanding any other provision of this section, for
grant projects approved for funding under section 19508(1)(a) on or
after the effective date of the 2016 amendatory act that amended
this section, subdivisions (a) to (d) do not apply and the
department shall apply the same application requirements provided
for a grant or loan in section 19609.
Sec. 19512. (1) A recipient of a grant or a loan made under
section
19508(1)(a) or (b) shall be subject to 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
shall be is subject to a postaudit.
(b) A recipient shall obtain authorization from the department
before implementing a change that significantly alters the proposed
project or facility.
(2) The department may revoke a grant or a loan made by it
under this part or withhold payment if the recipient fails to
comply with the terms and conditions of the grant or loan or with
the requirements of this part or the rules promulgated under this
part.
(3) The department may recover a grant if the project for
which the grant was made never operates.
(4) The department may withhold a grant or a loan until the
department determines that the recipient is able to proceed with
the proposed project or facility.
(5) To assure timely completion of a project, the department
may withhold 10% of the grant or loan amount until the project is
complete.
(6) Notwithstanding any other provision of this section, for
grant projects approved for funding under section 19508(1)(a) on or
after the effective date of the 2016 amendatory act that amended
this section, subsections (1) to (5) do not apply and the recipient
of any grant or loan must comply with the requirements of section
19612.
Sec.
19513. (1) The department shall 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 approved on or after the
effective date of the 2016 amendatory act that amended this
section.
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 all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No. 911.
(b) Senate Bill No. 908.
(c) Senate Bill No. 910.
(d) Senate Bill No. 913.
(e) Senate Bill No. 912.