Michigan Laws 324.5412 – Bypassed projects
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Terms Used In Michigan Laws 324.5412
- Assistance: means 1 or more of the following activities to the extent authorized by the federal safe drinking water act:
(i) Provision of loans for the planning, design, and construction or alteration of waterworks systems. See Michigan Laws 324.5401Department: means the department of environment, Great Lakes, and energy or its authorized agent or representative. See Michigan Laws 324.5402 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. Fundable range: means those projects, taken in descending order on the priority list, for which the department estimates sufficient funds exist to provide assistance during each annual funding cycle. See Michigan Laws 324.5402 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Priority list: means the annual ranked listing of projects developed by the department in section 5406. See Michigan Laws 324.5403 Project: means a project related to the planning, design, and construction or alteration of a waterworks system and may include utilization of more efficient energy and resources as described in any of the following:
(i) The cost-effective governmental energy use act, 2012 PA 625, MCL 18. See Michigan Laws 324.5403state: 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 supplier: means a municipality or its designated representative accepted by the director, a legal business entity, or any other person that owns a public water supply. See Michigan Laws 324.5403
(1) The department may bypass projects that fail to meet the schedule negotiated and agreed upon between the water supplier and the department, or that do not have approved planning documents and specifications and an approvable application 90 days before the last day of the state fiscal year, whichever comes first.
(2) A water supplier may submit a written request to the department to extend a project schedule for not more than 60 days. The request must provide the reason for the noncompliance with the schedule. A water supplier may file 1 additional 30-day extension request to its schedule.
(3) A project bypassed under this section must not be considered for an order of approval until all other projects have either been funded or rejected. This section does not prohibit the inclusion of the project in the priority list of the next annual funding cycle or the resubmission of an application for assistance in the next annual funding cycle.
(4) The department shall provide affected water suppliers with a written notice of intent to bypass not less than 30 days before the bypass action.
(5) For projects bypassed under this section, the department shall transmit to the water supplier an official notice of bypass for the fundable project.
(6) A bypass action under this section does not modify any compliance dates established under a permit, order, or other document issued by the department or entered as part of an action brought by this state or a federal agency.
(7) After a project is bypassed, the department may award assistance to projects outside the fundable range. Assistance must be made available to projects outside the fundable range in priority order contingent upon the water supplier’s satisfaction of all applicable requirements for assistance within the time period established by the department, but not to exceed 60 days from the date of notification. The department shall notify water suppliers with projects outside the fundable range of bypass action, of the amount of bypassed funds available for obligation, and of the deadline for submittal of a complete, approvable application.