HOUSE BILL NO. 6038

August 06, 2020, Introduced by Reps. Filler, Warren and Kahle and referred to the Committee on Energy.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding section 5316a.

the people of the state of michigan enact:

Sec. 5316a. (1) The department shall update the nonpoint source management program and create water pollution source categories that will provide a local government, property assessment program participant, or other eligible borrower with greater flexibility to access funds established under section 319 of the federal water pollution control act, 33 USC 1329. The water pollution source categories must include, but are not limited to, all of the following:

(a) Atmospheric deposition.

(b) Urban runoff.

(c) Hydrologic and habitat modification, including rising water levels and altered weather patterns as a result of greenhouse gas emissions.

(d) Leaks, spills, and accidents.

(2) Actions that a local government, property assessment program participant, or other eligible borrower can take under the water pollution source categories created under subsection (1) include, but are not limited to, reducing the demand for fossil fuels in electric power generation, improving commercial, industrial, and residential buildings, expanding advanced vehicle infrastructure and deployment, and increasing the use of renewable energy.

(3) The department shall develop both of the following:

(a) An application and application process for the nonpoint source management program to allow a local government, property assessment program participant, or other eligible borrower to seek financial assistance from the state water pollution control revolving fund established under section 16a of the shared credit rating act, 1985 PA 227, MCL 141.1066a, or the state drinking water revolving fund established under section 16b of the shared credit rating act, 1985 PA 227, MCL 141.1066b.

(b) A principal forgiveness or forbearance program that a local government, property assessment program participant, or other eligible borrower can access under certain circumstances.

(4) As used in this section:

(a) "Atmospheric deposition" means the transfer of atmospheric pollutants, including particulate matter, gas, and dust, generated by activities such as electric power generation and transportation, from the air to terrestrial and aquatic surfaces.

(b) "Eligible borrower" means a person eligible to receive financial assistance as determined under section 319 of the federal water pollution control act, 33 USC 1329.

(c) "Property assessment program participant" means a residential property owner who upgrades his or her property through a property assessment program supported by the state water pollution control revolving fund established under section 16a of the shared credit rating act, 1985 PA 227, MCL 141.1066a, or the state drinking water revolving fund established under section 16b of the shared credit rating act, 1985 PA 227, MCL 141.1066b.

(d) "Urban runoff" means stormwater runoff from urban areas that can contain contaminants including sediment, pathogens, petroleum, and mercury.