Land use: farmland and open space; expenditures for administrative costs in the agricultural preservation fund; modify, the official text

Act
No. 74

Public
Acts of 2025

Approved
by the Governor

December
23, 2025

Filed
with the Secretary of State

December
23, 2025

EFFECTIVE
DATE:  December 23, 2025

state of michigan

103rd Legislature

Regular session of 2025

Introduced by Senator Shink

ENROLLED SENATE BILL No. 699

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
36202 (MCL 324.36202), as amended by 2016 PA 265.

The People of the State of
Michigan enact:

Sec.
36202. (1) The agricultural preservation fund is created within the state
treasury.

(2) The state treasurer may receive money or other assets
from any source for deposit into the fund, including federal funds, other state
revenues, gifts, bequests, and other donations. The state treasurer shall
direct the investment of the fund and shall credit to the fund interest and
earnings from fund investments.

(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.

(4) The department is the administrator of the fund for
audits of the fund.

(5) Money in the fund may be expended, upon appropriation, as
follows:

(a) Not more than $1,700,000.00 annually may be expended for
the administrative costs of the department and the board in implementing this
part and part 361.

(b) After expenditures for the administrative costs under
subdivision (a), money in the fund may be expended, upon approval of the board,
to provide grants to local units of government pursuant to section 36203.

(c) If, after expenditures under subdivisions (a) and (b),
the amount of money remaining in the fund exceeds $5,000,000.00, money in the
fund may be expended, upon approval of the board, pursuant to part 361 for the
purchase of development rights to farmland or the acquisition of agricultural
conservation easements.

(6) Expenditures of money in the fund as provided in this
part are consistent with the state’s interest in preserving farmland and are
for an important public purpose.

Enacting section 1. This amendatory act does not
take effect unless all of the following bills of the 103rd Legislature are
enacted into law:

(a) Senate Bill
No. 685.

(b) Senate Bill
No. 686.

(c) Senate Bill
No. 687.

(d) Senate Bill
No. 688.

(e) Senate Bill
No. 689.

(f) Senate Bill No.
690.

This
act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of
Representatives

Approved___________________________________________

____________________________________________________

Governor