Of the $1.90 or so that Michigan drivers are paying for each gallon of gas or Diesel fuel these days, 7/8 of a cent is a "regulatory fee" that repays the bonds sold to finance the grossly-mismanaged underground storage-tank cleanup program of the late 1980's. (Unscrupulous contractors bilked the state of much of this money.) Enough money to cover that debt has now been collected, so under the law the 7/8-cent tax should have come off in 2003 or 2004.
Petroleum wholesalers have filed suit to stop paying the tax, and want a refund of $60 million or so that may have been illegally collected. Of course, all that money was actually paid by Michigan motorists, farmers, contractors, and homeowners, who won't see a dime of the refund, if it is made.
In the current bill, the House proposes to continue the underground-tank tax at least through 2006, while abolishing the pollution-cleanup program for fuel tanks. The bill creates a 9-person committee to recoemmend how to spend the $120 million that will be collected in the next two years, presumably on remediating contaminated fuel-tank sites. But this is just window dressing: the legislature is not required to spend the money on anything having to do with underground tanks. Rather, the tax is clearly to balance the Fiscal 2005 budget.
Because the overwhelming majority of petroleum products subject to the 7/8-cent tax are fuel for highway use, this bill violates the intent, if not the exact letter, of Article IX, Sec. 9 of the state Constitution, which restricts motor fuel taxes to road construction and public transit, excepting only "regulatory fees."
House Speaker Rick Johnson has told the Republican caucus that this tax is being extended explicitly to balance the General Fund budget. I hope the court is reminded of this when the constitutionality of this tax is challenged.
If this bill passes, it will be the third unconstitutional raid by this legislature on motorists' road-use fees. (The first two were the $2.25 surtax on license plates that is going to the State Police, and the $10 "late fee" on plate renewals that is going to the General Fund.) If motorists do not start objecting to these rip-offs, state officials will continue to stretch the definition of "regulatory fee" until large portions of the DEQ and State Police budgets are being charged to motorists.
When your state representative asks for your vote this summer, ask him why he thinks you should pay to balance the budget every time you fill your tank or buy heating fuel.