Bill Text: MI HB5631 | 2015-2016 | 98th Legislature | Chaptered
Bill Title: Natural resources; funding; forest development fund; modify allowable uses. Amends sec. 50507 of 1994 PA 451 (MCL 324.50507).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-07-13 - Assigned Pa 248'16 With Immediate Effect [HB5631 Detail]
Download: Michigan-2015-HB5631-Chaptered.html
Act No. 248
Public Acts of 2016
Approved by the Governor
June 23, 2016
Filed with the Secretary of State
June 24, 2016
EFFECTIVE DATE: September 22, 2016
STATE OF MICHIGAN
98TH LEGISLATURE
REGULAR SESSION OF 2016
Introduced by Rep. Pscholka
ENROLLED HOUSE BILL No. 5631
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 section 50507 (MCL 324.50507), as amended by 2004 PA 124.
The People of the State of Michigan enact:
Sec. 50507. (1) The authority shall finance only forest management operations and practices consistent with part 525 that follow the guidelines, rules, and objectives prescribed and approved by the department as these guidelines, rules, and objectives are amended by the department.
(2) Funds managed by the authority shall be applied in a manner consistent with part 525 and the land management planning policies of the department on lands that have been identified for forest management practices. In the absence of an approved state forest management plan covering a candidate area, an interim procedure, as adopted by the department, shall be used to ensure that all forest values have been considered in selecting sites for investment with funds of the authority. The department shall annually submit a list of activities and practices allocated from the funds generated under this part for the board’s review and determination of consistency with this part.
(3) The executive director of the authority shall notify the department if the authority projects a probable default on any bonds or notes issued by the authority. Within 1 year of receipt of the notification, or within less than 1 year, if the notification indicates a shorter time period is necessary to avoid a default, the department shall identify and convey to the authority sufficient timber on tax reverted lands to enable the authority to avoid the projected default and to provide for timely payment of principal of and interest on the authority’s bonds or notes. The authority may only issue contracts for the cutting and sale of timber that has been conveyed to the authority under this section to avoid a default on any bonds or notes issued by the authority. The determination of the board as to the need to cut and sell timber is conclusive. Contracts for the cutting and sale of timber shall be consistent with part 525 and with the guidelines, rules, and objectives prescribed by the department.
(4) The authority shall establish a fund designated as the “forest development fund”. Any money on hand or received in the future from bond proceeds and from contracts for the cutting and sale of timber on tax reverted lands shall be deposited in the forest development fund. In addition, this fund may receive revenues from any other source. Except as otherwise provided in subsection (6), the authority shall use money in the forest development fund for 1 or more of the following:
(a) To provide for the payment of principal of and interest on any bonds or notes issued by the authority.
(b) For reforestation, forest protection, and timber stand improvement.
(c) To obtain and maintain certification of sustainable forestry standards in the state forest under section 52505.
(d) For any other purposes authorized by this part.
(5) The auditor general shall audit the expenditures of the forest development fund at least once every 3 years.
(6) For fiscal year 2015-2016 only, $3,000,000.00 from the forest development fund is transferred to the first responder presumed coverage fund created under section 405 of the worker’s disability compensation act of 1969, 1969 PA 317, MCL 418.405.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
