1996 Public Act 380 Section 20108c
Approved by the Governor
July 23, 1996
Filed with the Secretary of State
July 24, 1996

STATE OF MICHIGAN
88TH LEGISLATURE
REGULAR SESSION OF 1996}

AN ACT to amend sections 19507, 20101, 20107a, 20108, 20113, and 20120d of Act No. 451 of the Public Acts of 1994, 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 prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," section 19507 as added by Act No. 60 of the Public Acts of 1995, sections 20101 and 20107a as amended by Act No. 115 of the Public Acts of 1996, and section 20113 as amended and section 20120d as added by Act No. 71 of the Public Acts of 1995, being sections 324.19507, 324.20101, 324.20107a, 324.20108, 324.20113, and 324.20120d of the Michigan Compiled Laws; to add sections 20108a and 20108c; and to repeal acts and parts of acts.

The People of the State of Michigan enact:

Section 1. Sections 19507, 20101, 20107a, 20108, 20113, and 20120d of Act No. 451 of the Public Acts of 1994, section 19507 as added by Act No. 60 of the Public Acts of 1995, sections 20101 and 20107a as amended by Act No. 115 of the Public Acts of 1996, and section 20113 as amended and section 20120d as added by Act No. 71 of the Public Acts of 1995, being sections 324.19507, 324.20101, 324.20107a, 324.20108, 324.20113, and 324.20120d of the Michigan Compiled Laws, are amended and sections 20108a and 20108c are added to read as follows:

Sec. 20108c. (1) The state site cleanup fund is created within the state treasury.

(2) The state treasurer may receive money or other assets from any source for deposit into the state site cleanup fund. The state treasurer shall direct the investment of the state site cleanup fund. The state treasurer shall credit to the state site cleanup fund interest and earnings from fund investments.

(3) Money in the state site cleanup fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.

(4) Money in the state site cleanup fund shall be used for the state sites cleanup program established under this section.

(5) The department shall establish a state sites cleanup program for the purpose of expending money in the state sites cleanup fund, including the $20,000,000.00 appropriated by the legislature for state site cleanup pursuant to Act No. 265 of the Public Acts of 1994.

(6) The department shall expend money appropriated for state site cleanup only for response activities at facilities where the state is liable as an owner or operator under section 20126 or where the state has licensure or decommissioning obligations as an owner or possessor of radioactive materials that are regulated by the nuclear regulatory commission. Money expended for the state sites cleanup program shall not be used to pay fines, penalties, or damages.

(7) Six months after the effective date of this section, and annually thereafter by October 1 of each year, each state executive department and agency shall provide to the department a detailed list of all facilities where the state executive department or agency is liable as an owner or operator under section 20126. Subsequent lists do not need to include facilities identified in a previous list. This list shall include the following information for each facility:

(a) The facility name.
(b) Location.
(c) Use history of the facility.
(d) A detailed summary of available information regarding the source, nature, and extent of the contamination at the facility.
(e) A detailed summary of available information on any public health or environmental impacts at the facility.
(f) A detailed summary of available information on the resale and redevelopment potential of the facility.
(g) A description of and estimated cost of the response activities needed at the facility, if known.

(8) Within 12 months after the effective date of this section and by February 1 of each year thereafter, the board shall develop a prioritized list of the facilities identified pursuant to subsection (3). Sites posing the greatest risk to the public health, safety, welfare, or the environment and those having high resale and redevelopment potential shall be given the highest priority. The list shall include the following information for each facility:

(a) The facility's priority order.
(b) Response activities to be completed at the facility.
(c) Estimated cost of the response activities.
(d) The state executive department or agency that is liable as an owner or operator under section 20126.

(9) All state executive departments and agencies that are liable as an owner or operator under section 20126 are responsible for undertaking and paying 'for all necessary response activities that cannot be addressed with money appropriated to the department for state site cleanup as described in subsection (1) or any money appropriated to the department specifically for the purpose of response activities at facilities for which the state is liable as an owner or operator. The existence of these funds does not affect the liability of any person under this part or any state or federal law.

(10) The $20,000,000.00 appropriated pursuant to Act No. 265 of the Public Acts of 1994 and to be expended pursuant to this section shall carry over to succeeding fiscal years. The unexpended portion of the appropriation is considered a work project appropriation, and any unencumbered or unallotted funds are carried forward to the succeeding fiscal year. The following is in compliance with section 451(3) of the management and budget act, Act No. 431 of the Public Acts of 1984, being section 18.1451 of the Michigan Compiled Laws:

(a) The purpose of the project to be carried forward is to provide for contaminated site cleanups.
(b) The project will be accomplished by contracts.
(c) The total estimated cost of the project will be $20,000,000.00.
(d) The tentative completion date is September 30, 1999.

(11) The department shall submit an annual report to the governor and the legislature on the status of the response activities being conducted with money appropriated to the department to implement this section and the need for additional funds to conduct future response activities. (see Related Content)