Michigan Laws 324.8716 – Freshwater protection fund
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Terms Used In Michigan Laws 324.8716
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
- Director: means the director of the department of natural resources. See Michigan Laws 324.301
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) The freshwater protection fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund, including general fund general purpose appropriations, gifts, grants, and bequests. The director shall annually seek matching general fund general purpose appropriations in amounts equal to the water quality protection fees collected under section 8715 that are deposited into the fund under this part. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year remains in the fund and does not lapse to the general fund.
(4) The department is the administrator of the fund for auditing purposes.
(5) The department shall expend money from the fund, upon appropriation, only for 1 or more of the following purposes:
(a) Direct assistance.
(b) Indirect assistance.
(c) Emergency response and removal of potential sources of water contamination. Expenditures under this subdivision must not exceed $15,000.00 per location.
(d) Natural resources protection.
(e) Administrative costs. Expenditures under this subdivision must not exceed 20% of the annual appropriations from the fund.
(6) The department shall establish criteria and procedures for approving proposed expenditures from the fund.
(7) Notwithstanding section 8715, if at the close of any fiscal year the amount of money in the fund exceeds $5,000,000.00, the department shall not collect water quality protection fees for the following year. After the water quality protection fees have been suspended under this subsection, the fees must only be reinstated if, at the close of any succeeding fiscal year, the amount of money in the fund is less than $2,000,000.00.
(8) The department of treasury shall, before November 1 of each year, notify the department of the balance in the fund at the close of the preceding fiscal year.
(9) As used in this section:
(a) “Administrative costs” includes, but is not limited to, costs incurred during any of the following:
(i) Groundwater monitoring for pesticides and fertilizers.
(ii) Development and enforcement of natural resources protection rules.
(iii) Coordination of programs under this part with the United States Environmental Protection Agency and other state programs with environmental protection responsibilities.
(iv) Coordination of programs under this part with the United States Department of Agriculture Natural Resources Conservation Service and state programs with nonpoint source pollution prevention and conservation practice responsibilities.
(v) Management of pesticide sales information.
(b) “Direct assistance” includes, but is not limited to, programs that will provide for any of the following:
(i) Provision of alternate noncommunity water supplies.
(ii) Closure of wells that may impact groundwater, such as abandoned, improperly constructed, or drainage wells.
(iii) The environmentally sound disposal or recycling of pesticide containers.
(iv) Pesticide disposal programs.
(v) Programs devoted to integrated natural resources conservation that encourage the judicious use of pesticides and fertilizers and other agricultural inputs and practices that are protective of water quality through targeted systems approach to management decisions.
(vi) Incentive and cost share programs to assist farmers in achieving MAEAP standards.
(vii) Incentive and cost share programs for MAEAP-verified farms with potential sources of contamination on their property.
(viii) Monitoring of private well water for pesticides, fertilizers, and other contaminants.
(ix) Removal of soils and waters contaminated by pesticides and fertilizers and the land application of those materials at agronomic rates.
(x) MAEAP grants under section 8710.
(xi) Programs that enhance investment of private and federal funds in conservation.
(xii) Verification.
(xiii) Other programs established under this part.
(c) “Indirect assistance” includes, but is not limited to, programs that will provide for any of the following:
(i) Public education and demonstration programs on pesticide container recycling and environmentally sound disposal methods.
(ii) Educational programs.
(iii) Technical assistance programs.
(iv) The promotion and implementation of on-site evaluation systems, conservation practices, and the MAEAP.
(v) Research programs.