2004 House Bill 6074 / Public Act 390

Fuel tank cleanup tax "fund raid"

Introduced in the House

July 6, 2004

Introduced by Rep. Marc Shulman (R-39)

To eliminate the sunset on the collection of a 7/8ths cent-per-gallon "regulatory fee" imposed on the sale of petroleum products that is intended to be used for the cleanup of underground fuel storage tanks. Under current law, when the tanks are all cleaned up the fee would no longer be imposed. The bill would authorize a "fund raid" on the money collected by this tax, with money not needed to pay off the cleanup program's debt to be used for general environmental enforcement and regulatory actions, thereby supplementing general fund money in the budget, and avoiding more spending cuts.

Referred to the Committee on Appropriations

July 14, 2004

Reported without amendment

Without amendment and with the recommendation that the bill pass.

Substitute offered by Rep. Mike Pumford (R-100)

To extend the tax for an additional two years, rather than indefinately, and use $50 million in the underground tank cleanup fund to avoid making spending cuts in the 2005 budget. The bill would use the remaining $120 million in the fund to pay off the Michigan Underground Storage Tank Financial Assurance (MUSTFA) program's remaining debt.

The substitute passed by voice vote

Amendment offered by Rep. Mike Pumford (R-100)

To only extend collection of the "fee" until Sept. 30, 2006.

The amendment passed by voice vote

Amendment offered by Rep. Mike Pumford (R-100)

To transfer money not needed to pay off the underground fuel tank cleanup program's debt to a state cleanup and redevelopment fund, which can be appropriated by the legislature for general environmental enforcement and regulatory actions, not just underground fuel tank cleanup.

The amendment passed by voice vote

Passed in the House 87 to 13 (details)

To extend for an additional two years the 7/8ths cent-per-gallon fuel "regulatory fee" (tax) levied for the cleanup of underground fuel tanks, and authorize a "fund raid" on $50 million in the underground tank cleanup fund, using this to avoid making spending cuts in the 2005 budget. Under current law, the tax would have ended on Sept. 30, 2004. Extending it will increase the tax paid by motorists by approximately $30 million a year. A new commission will advise what to do with that money. Note: A pending lawsuit against the state contends that the authority to levy this tax was eliminated once there was enough money to pay off the underground tank cleanup program's debt.

Received in the Senate

Aug. 4, 2004

Referred to the Committee on Appropriations

Sept. 23, 2004

Reported without amendment

With the recommendation that the substitute (S-5) be adopted and that the bill then pass.

Sept. 28, 2004

Substitute offered

To replace the previous version of the bill with one that extends the tax or fee until December 31, 2010.

The substitute passed by voice vote

Sept. 29, 2004

Passed in the Senate 32 to 5 (details)

To extend until 2011 the 7/8ths cent-per-gallon fuel sale "regulatory fee" (tax) levied for the cleanup of underground fuel tanks, and authorize a $43 million "fund raid" on the underground tank cleanup fund to avoid making spending cuts in the 2005 budget. Under current law, the tax would have ended on Sept. 30, 2004, and extending it will increase the tax paid by motorists by approximately $30 million a year. A new council will recommend fuel-related cleanups and other uses for the money, including existing fuel industry regulatory programs now funded by the general fund. The MUSTFA law requires the tax to be used for underground tank cleanup, and a pending lawsuit contends the tax should have been eliminated once there was enough money to pay off MUSTFA's debt.

Received in the House

Sept. 29, 2004

To concur with the Senate-passed version of the bill, which extends the tax for another six years, rather than another two years.

Passed in the House 74 to 31 (details)

Signed by Gov. Jennifer Granholm

Oct. 12, 2004