March 4, 2008, Introduced by Senators KAHN, BARCIA, KUIPERS, RICHARDVILLE, PAPPAGEORGE, ALLEN, BROWN and HARDIMAN and referred to the Committee on Energy Policy and Public Utilities.
A bill to create a clean energy authority; to prescribe its
powers and duties; to create the clean energy fund; to authorize
the issuance of bonds, notes, and other evidences of indebtedness;
and to provide an exemption from taxation.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "clean
energy authority act".
Sec. 3. As used in this act:
(a) "Alternative and renewable energy" means any of the
following:
(i) Energy produced from an IGCC facility that captures
greenhouse gases.
(ii) Biomass.
(iii) Geothermal energy.
(iv) Solar thermal energy.
(v) Wind energy.
(vi) Hydroelectric energy.
(b) "Alternative and renewable energy facility" means a
facility or energy system that uses alternative and renewable
energy to produce synthetic methane gas and that generates and
transmits or distributes electricity from that gas.
(c) "Authority" means the clean energy authority.
(d) "Department" means the department of natural resources.
(e) "Gasifier" means a facility located in this state that
produces synthetic gas from carbon-based feedstock such as coal,
petroleum coke, wood, biomass, agricultural products, and other
products.
(f) "Greenhouse gas" means carbon dioxide, methane,
chlorofluorocarbons, and hydrochlorofluorocarbons.
(g) "IGCC facility" means an integrated gasification combined
cycle plant located in this state that produces synthetic methane
gas from carbon-based feedstock, including, but not limited to,
coal, petroleum coke, wood, biomass, agricultural products, and
other products, and uses such synthetic gas to generate
electricity. IGCC facility includes the transmission lines and
facilities, gas transportation lines and facilities, and associated
property and equipment employed specifically to serve the IGCC
facility.
(h) "Joint venture" means a joint venture, partnership,
limited partnership, limited liability partnership, corporation,
limited liability company, business trust, unincorporated
organization, association, or any other legal or commercial entity
formed by the authority and 1 or more qualified persons for the
purpose of developing, constructing, owning, operating, and
maintaining 1 or more new coal gasification or IGCC facilities.
(i) "Oil and gas property" means all oil, gas, and mineral
leasehold interests transferred, or otherwise leased, to the
authority by the department of natural resources pursuant to
section 502 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.502.
(j) "Oil, gas, and mineral resources" means the physical
concentration of naturally occurring oil, gas, petroleum, and
associated minerals and substances in and under state-owned lands
that can be extracted for commercial profit.
(k) "Working interest" means the operating interest under an
oil and gas lease that includes the exclusive right to explore for,
develop, produce, and take the oil, gas, and mineral resources in,
under, and that may be produced from the lands covered by the
lease. The working interest is subject to all costs of exploration,
development, and production while the lessor receives its share of
production free of such costs. The working interest embodies the
right to share in the production, or revenue representing the
proceeds of production, attributable to its fractional interest
under the lease.
Sec. 5. (1) The clean energy authority is created as a public
body corporate and politic and an autonomous entity within the
department of treasury. The authority shall be a quasi-corporation
and shall exercise its prescribed statutory powers, duties, and
function independently of the head of the department of treasury.
The property, revenues, receipts borrowings, appropriations,
allowances, and other funds of the authority shall belong to the
authority.
(2) The authority shall consist of 5 individuals appointed by
the governor with the advice and consent of the senate. Not more
than 3 of the individuals shall be members of the same political
party. An individual shall be appointed for a term of 4 years.
Members shall serve without compensation for services, except that
a member may receive reasonable reimbursement for necessary travel
and expenses incurred in the discharge of the member's duties. Each
member shall hold office until a successor has been appointed and
qualified.
(3) A majority of the members of the authority appointed and
serving constitute a quorum for the transaction of business at a
meeting or the exercise of a power or function of the authority,
notwithstanding the existence of 1 or more vacancies. The authority
may act only by resolution approved by a majority of the members
appointed and serving.
Sec. 7. (1) Notwithstanding section 3(1) of 1968 PA 317, MCL
15.323, members of the authority and officers and employees of the
authority are subject to 1968 PA 317, MCL 15.321 to 15.330, or 1968
PA 318, MCL 15.301 to 15.310, as applicable.
(2) A member of the authority or officer, employee, or agent
of the authority shall discharge the duties of his or her position
in a nonpartisan manner, with good faith, and with that degree of
diligence, care, and skill that an ordinarily prudent person would
exercise under similar circumstances in a similar position. In
discharging the duties, a member of the authority or an officer,
employee, or agent, when acting in good faith, may rely upon the
opinion of counsel for the authority, upon the report of an
independent appraiser selected with reasonable care by the
authority, or upon financial statements of the authority
represented to the member of the authority or officer, employee, or
agent of the authority to be correct by the officer of the
authority having charge of its books or account, or stated in a
written report by a certified public accountant or firm of
certified public accountants fairly to reflect the financial
condition of the authority.
(3) A member of the authority shall not make, participate in
making, or in any way attempt to use his or her position as a
member of the authority to influence a decision regarding a loan,
grant, investment, or other expenditure under this act to his or
her employer.
(4) A member, employee, or agent of the authority shall not
engage in any conduct that constitutes a conflict of interest and
shall immediately advise the authority in writing of the details of
any incident or circumstances that may present the existence of a
conflict of interest with respect to the performance of the
authority-related work or duty of the member, employee, or agent of
the authority.
(5) A member of the authority who has a conflict of interest
related to any matter before the authority shall disclose the
conflict of interest before the authority takes any action with
respect to the matter. The disclosure shall become a part of the
record of the authority's official proceedings. The member with the
conflict of interest shall refrain from doing all of the following
with respect to the matter that is the basis of the conflict of
interest:
(a) Voting in the authority's proceedings related to the
matter.
(b) Participating in the authority's discussion of and
deliberation on the matter.
(c) Being present at the meeting when the discussion,
deliberation, and voting on the matter take place.
(d) Discussing the matter with any other authority member.
(6) Failure of a member to comply with subsection (5)
constitutes misconduct in office and subjects the member to removal
from office.
(7) When authorizing expenditures and investments under this
act, the authority shall not consider whether a recipient has made
a contribution or expenditure under the Michigan campaign finance
act, 1976 PA 388, MCL 169.201 to 169.282.
(8) Expenditures under this act shall not be used to finance
or influence political activities.
Sec. 9. The authority has the powers and duties necessary to
carry out the provisions of this act and achieve its purposes,
including, but not limited to, powers to do any of the following:
(a) Sue and be sued; have a seal and alter the seal; have
perpetual succession; make, execute, and deliver contracts,
agreements, leases, conveyances, and other instruments necessary or
convenient to the exercise of its powers; and make and amend
bylaws.
(b) Solicit and accept gifts, grants, loans, and other aids
from any person or the federal, state, or a local government or any
agency of the federal, state, or a local government, or participate
in any other way in any federal, state, or local government
program.
(c) Expend revenues and other funds under its control without
legislative appropriation.
(d) Make grants, loans, and investments; guarantee and insure
loans, leases, bonds, notes, or other indebtedness, whether public
or private; and issue letters of credit.
(e) Enforce its rights under mortgages, leases, contracts, or
agreements, including foreclosure and court actions.
(f) Acquire, hold, convey, lease, assign, transfer, mortgage,
or otherwise dispose of or encumber real or personal property,
including oil, gas, and mineral resources, and working interests in
oil and gas property.
(g) Procure insurance against any loss in connection with the
authority's property, assets, or activities.
(h) Invest in or otherwise enter into and perform joint
exploration agreements, joint operating agreements, joint
development agreements, and any other necessary contracts and
agreements with a qualified person or persons to explore for,
develop, and produce oil, gas, and mineral resources from oil and
gas properties co-owned by the authority and 1 or more qualified
persons.
(i) Borrow money and issue its bonds, provide for the rights
of the holders of the bonds, and secure the bonds by mortgage,
assignment, or pledge of any or all of its property.
(j) Subject to the provisions of any contract with the holders
of its bonds, whenever it considers it necessary or desirable,
consent to the modification, with respect to security, rate of
interest, time of payment of interest or principal, or any other
term of a bond, mortgage, or contract of any kind between the
authority and any other person.
(k) Invest any funds not required for immediate use or
disbursement, at its discretion, in any obligations determined to
be proper by the authority, and name and use depositories for its
money.
(l) Engage personnel and retain the services of private
consultants, managers, attorneys, auditors, engineers, geologists,
land experts, and scientists to secure professional management and
technical assistance and advice, with the fees and costs payable
out of any money of the authority legally available for this
purpose.
(m) Charge, impose, and collect fees and charges in connection
with any transaction and provide for reasonable penalties for
delinquent payment of fees or charges.
(n) Do all other things necessary or convenient to achieve the
purposes of the authority, this act, or other laws that relate to
the purposes and responsibilities of the authority.
Sec. 11. (1) All money of the authority shall be paid to the
state treasurer as agent of the authority, who shall not commingle
the money with any other money. Money of the authority shall be
deposited in a separate revolving fund under the jurisdiction and
control of the authority to be known as the "clean energy fund."
The state treasurer shall credit to the fund interest and earnings
from fund investments.
(2) All of the following shall be paid into the clean energy
fund:
(a) Any money appropriated by this state for the purposes of
the fund.
(b) Any money that the authority receives in repayment of
advances made from the fund.
(c) Money derived from the authority's working interest in oil
and gas property.
(d) Any other money that may be made available to the
authority from any other source.
Sec. 13. (1) The authority shall develop and implement a
statewide integrated energy resource plan, which shall include all
of the following:
(a) The development of facilities to capture, sequester, or
both capture and sequester greenhouse gases.
(b) The development of gasifiers.
(c) The promotion of enhanced oil recovery from lands owned by
this state using captured greenhouse gases.
(d) The promotion of alternative and renewable energy
facilities in this state.
(e) The exploration for and development and production of oil,
gas, and mineral resources in this state.
(2) The authority, in conjunction with the department, shall
develop a plan and make recommendations to the legislature to
promote the leasing of state-owned lands that include depleted oil
and gas reservoirs or other geologic features or facilities
suitable for the storage of captured greenhouse gases. The plan and
recommendation shall be submitted to the legislature within 180
days after the effective date of this act.
(3) The authority shall assist in and encourage the
development of at least 1 pilot IGCC facility that consists of both
of the following:
(a) An electric power plant that is fueled by some or all of
the synthetic gas and that is capable of producing not less than
250 megawatts of electric power.
(b) A gasifier which is capable of capturing greenhouse gases.
(4) The authority shall submit applications to the department
of natural resources identifying state-owned lands the authority
wishes to secure and develop, as lessee, under oil and gas leases
granted by the department of natural resources, as lessor. Before
submitting an application, the authority shall consider whether the
land has unusual or sensitive environmental features that should be
reserved and maintained in an undeveloped state and shall solicit
opinions of interested groups and the public. Upon receipt of such
an application submitted by the authority, the department of
natural resources shall enter into a direct lease with the
authority covering the state-owned lands identified in the
application. The department is not required to enter into a direct
lease with the authority covering any land that is then in
production or is leased or permitted for drilling or production or
land the department determines has unusual or sensitive
environmental features that should be reserved by the state and
maintained in an undeveloped state. However, after the abandonment,
release, discharge, cancellation, or termination of any lease
covering any such land retained by the department in accordance
with this subsection, the department shall enter into a direct
lease with the authority covering such land to the extent it was
identified by the authority in an application. The authority shall
pay to the department the royalty due under each lease with the
department, which shall be applied in accordance with sections 35
and 35a of article IX of the state constitution of 1963.
(5) The authority may assign up to an aggregate 49% of its
working interest in each oil and gas lease entered into pursuant to
this section to a qualified person or persons. The authority shall
require, as a condition of such an assignment, that the qualified
person or persons agree, as co-owners of the leases, to participate
with the authority in the joint development of the leases under a
joint exploration agreement, joint operating agreement, joint
development agreement, or other agreement the authority considers
necessary. Each joint exploration agreement, joint operating
agreement, joint development agreement, or other agreement shall
require that the qualified person or persons, as co-owner or owners
of the leases, shall contribute capital and pay all development and
operating costs of the joint development in which the qualified
person or persons participates in proportion to its share of the
working interest in each lease. Decisions as to the time, place,
and manner of drilling and extraction of oil, gas, and mineral
resources under this act, including the designation and appointment
of the operator of each lease, shall be made by the authority. The
authority shall be subject to regulation by the department in the
same manner and to the same extent as any other lessee.
(6) The authority may enter into a joint venture with 1 or
more qualified persons for the purpose of developing, constructing,
owning, operating, and maintaining, or participating in the
development, construction, ownership, operation, and maintenance
of, 1 or more new gasifiers or IGCC facilities located within this
state.
(7) For purposes of this section, "qualified person" means a
person who meets all of the following criteria:
(a) Has oil and gas industry experience, reputation, and
business probity.
(b) Has a commitment and ability to enter into a development
agreement with the authority to develop or participate in the
development of 1 or more pilot IGCC facilities that will consist of
both of the following:
(i) An electric power plant that is fueled by some or all of
the synthetic gas and that is capable of producing not less than
250 megawatts of electric power.
(ii) A gasifier which is capable of capturing greenhouse gases.
(c) Has a commitment and ability to capture and utilize
greenhouse gases by sequestration for storage, enhanced oil
recovery, and other technologies.
(d) Has obtained the right to use integrated gasification
combined cycle technology to develop an IGCC facility.
(e) Has secured a site for an IGCC facility that has access to
existing pipelines, high-voltage electric transmission lines, and
available infrastructure, and has the demonstrated support of
county and municipal governments in the immediate area.
(f) Has applied for or has received an allocation of tax
credits available under 26 USC 48 or other energy-based incentives
from the federal government.
(8) The qualified person or persons selected by the authority
to receive a working interest shall be the person or persons that
the authority determines will provide the best value to the state
in achieving the purposes of this act. The authority may consider,
in determining the best value to the state, the best interest of
this state, including, but not limited to, any positive economic
impact to the state likely to be generated by the development of
IGCC facilities, the economic and environmental impact resulting
from the development and use of alternative and renewable energy,
and the skilled jobs and increased capital investment relating to
the development of an IGCC facility and the use of alternative and
renewable energy.
(9) Revenues of the authority may be used by it to further the
purposes of this act, including to repay bonded indebtedness, to
provide working capital, to develop and assist in or encourage
development of alternative energy projects, to assist in and
encourage the development of alternative and renewable energy
facilities to capture and sequester greenhouse gases, and to assist
in and encourage the development of enhanced oil recovery projects.
Sec. 15. (1) The authority shall submit to the legislature an
annual status report on its activities. The report shall include,
but not be limited to, specific information concerning the
achievement of the purposes of this act. The report shall also
recommend additional legislation considered necessary or desirable
by the authority to achieve the purposes of this act.
(2) The auditor general or a certified public accountant
appointed by the auditor general annually shall conduct and submit
to the legislature an audit of the authority. In conducting the
audit, the auditor general or certified public accountant shall
have access to all records of the authority at any time, whether or
not those records are confidential.
Sec. 17. (1) The authority may borrow money and issue bonds or
notes for the following purposes:
(a) To provide sufficient funds for achieving the authority's
purposes and objectives, including, but not limited to, amounts
necessary to pay the costs of acquiring, maintaining, exploring,
developing, and operating oil and gas property and alternative and
renewable energy facilities; to make loans for the costs of
acquiring, maintaining, exploring, developing, and operating oil
and gas property and alternative and renewable energy facilities;
for making grants; for providing money to guarantee or insure
loans, leases, bonds, notes, or other indebtedness; for making
working capital loans; for all other expenditures of the authority
incident to and necessary or convenient to carry out the
authority's purposes and powers; and for any combination of these.
The cost of acquiring, maintaining, exploring, developing, and
operating oil and gas property and alternative and renewable energy
facilities may include administrative costs, including, but not
limited to, engineering, architectural, legal, geologic, land
acquisition and maintenance, and accounting fees that are necessary
for the acquisition, maintenance, exploration, development, and
operation of the oil and gas property and alternative and renewable
energy facilities.
(b) To refund bonds or notes of the authority issued under
this act by the issuance of new bonds, whether or not the bonds or
notes to be refunded have matured or are subject to prior
redemption or are to be paid, redeemed, or surrendered at the time
of the issuance of the refunding bonds or notes; and to issue bonds
or notes partly to refund the bonds or notes and partly for any
other purpose provided for by this section.
(c) To pay the costs of issuance of bonds or notes under this
act; to pay interest on bonds or notes becoming payable prior to
the receipt of the first revenues available for payment of that
interest as determined by the authority; and to establish, in full
or in part, a reserve for the payment of the principal and interest
on the bonds or notes in the amount determined by the authority.
(2) The bonds and notes, including, but not limited to,
commercial paper, shall be authorized by resolution adopted by the
authority and shall bear the date or dates, and shall mature at the
time or times not exceeding 50 years from the date of issuance, as
the resolution may provide. The bonds and notes shall bear interest
at the rate or rates as may be set, reset, or calculated from time
to time, or may bear no interest, as provided in the resolution.
The bonds and notes shall be in the denominations, be in the form,
either coupon or registered, carry the registration privileges, be
transferable, be executed in the manner, be payable in the medium
of payment and at the place or places, and be subject to the terms
of prior redemption at the option of the authority or the holders
of the bonds and notes as the resolution or resolutions may
provide. The bonds and notes of the authority may be sold at public
or private sale at the price or prices determined by the authority.
For purposes of 1966 PA 326, MCL 438.31 to 438.33, this act and
other acts applicable to the authority shall regulate the rate of
interest payable or charged by the authority, and 1966 PA 326, MCL
438.31 to 438.33, does not apply. Bonds and notes may be sold at a
discount.
(3) Bonds or notes may be 1 or more of the following:
(a) Made the subject of a put or agreement to repurchase by
the authority or others.
(b) Secured by a letter of credit or by any other collateral
that the resolution may authorize.
(c) Reissued by the authority once reacquired by the authority
pursuant to any put or repurchase agreement.
(4) The authority may authorize any member of the authority to
do 1 or more of the following:
(a) Sell and deliver and receive payment for bonds or notes.
(b) Refund bonds or notes by the delivery of new bonds or
notes whether or not the bonds or notes to be refunded have
matured, are subject to prior redemption, or are to be paid,
redeemed, or surrendered at the time of the issuance of refunding
bonds or notes.
(c) Deliver bonds or notes, partly to refund bonds or notes
and partly for any other authorized purposes.
(d) Buy bonds or notes so issued at not more than the face
value of the bonds or notes.
(e) Approve interest rates or methods for fixing interest
rates, prices, discounts, maturities, principal amounts,
denominations, dates of issuance, interest payment dates,
redemption rights at the option of the authority or the holder, the
place of delivery and payment, and other matters and procedures
necessary to complete the transactions authorized.
(5) Except as may otherwise be expressly provided by the
authority, every issue of its bonds or notes shall be general
obligations of the authority payable out of revenues, properties,
or money of the authority, subject only to agreements with the
holders of particular bonds or notes pledging particular receipts,
revenues, properties, or money as security for the bonds or notes.
(6) The bonds or notes of the authority are negotiable
instruments within the meaning of and for all the purposes of the
uniform commercial code, 1962 PA 174, MCL 440.1101 to 440.11102,
subject only to the provisions of the bonds or notes for
registration.
(7) Bonds or notes issued by the authority are not subject to
the terms of the revised municipal finance act, 2001 PA 34, MCL
141.2101 to 141.2821. The bonds or notes issued by the authority
are not required to be registered. A filing of a bond or note of
the authority is not required under the uniform securities act,
1964 PA 265, MCL 451.501 to 451.818.
(8) A resolution authorizing bonds or notes may contain 1 or
more of the following, which shall be a part of the contract with
the holders of the bonds or notes:
(a) A pledge of all or a part of the fees, charges, and
revenues made or received by the authority, or all or a part of the
money received in payment of lease rentals, working interests, or
loans and interest on the loans, and other money received or to be
received by the authority to secure the payment of the bonds or
notes or of an issue of the bonds or notes, subject to agreements
with bondholders or noteholders as may then exist.
(b) A pledge of all or a part of the assets of the authority,
including leases, working interests, or notes or mortgages and
obligations securing the same to secure the payment of the bonds or
notes or of an issue of bonds or notes, subject to agreements with
bondholders or noteholders as may then exist.
(c) A pledge of a loan, grant, or contribution from the
federal government, this state, a local unit of government, or
other source in aid of the activities or purposes of the authority
as provided for in this act.
(d) The use and disposition of the revenues and income from
leases, from working interests, or from loans, notes, and mortgages
owned by the authority.
(e) The establishment and setting aside of reserves or sinking
funds and the regulation and disposition of reserves or sinking
funds subject to this act.
(f) Limitations on the purpose to which the proceeds of sale
of the bonds or notes may be applied and limitations on pledging
those proceeds to secure the payment of other bonds or notes.
(g) Authority for and limitations on the issuance of
additional bonds or notes for the purposes provided for in the
resolution and the terms upon which additional bonds or notes may
be issued and secured.
(h) The procedure, if any, by which the terms of a contract
with bondholders or noteholders may be amended or abrogated, the
number of bondholders or noteholders who are required to consent to
an amendment or abrogation, and the manner in which the consent may
be given.
(i) Provisions vesting in a trustee or a secured party the
property, income, revenues, receipts, rights, remedies, powers, and
duties in trust or otherwise as the authority may determine
necessary or appropriate to adequately secure and protect
bondholders and noteholders or to limit or abrogate the rights of
the bondholders and noteholders. A trust agreement may be executed
by the authority with any trustee who may be located inside or
outside this state to accomplish any of the foregoing.
(j) The terms, conditions, and agreements upon which the
holder of the bonds, or a portion of the bonds, is entitled to the
appointment of a receiver by the circuit court.
(k) Any other matters that in any way affect the security or
protection of the bonds or notes.
(9) A pledge made by the authority is valid and binding from
the time the pledge is made. The money or property pledged and
later received by the authority is immediately subject to the lien
of the pledge without a physical delivery or further act. The lien
of a pledge is valid and binding as against parties having claims
of any kind in tort, contract, or otherwise against the authority
and is valid and binding as against the transfer of the money or
property pledged, whether or not the parties have notice. The
resolution, the trust agreement, or any other instrument by which a
pledge is created need not be recorded.
(10) A member of the authority or a person executing the bonds
or notes is not liable personally on the bonds or notes and is not
subject to personal liability or accountability because of the
issuance of the bonds or notes.
(11) This state is not liable on bonds or notes of the
authority, and the bonds or notes shall not be considered a debt of
this state. The bonds and notes shall contain on their face a
statement indicating this fact.
(12) The bonds and notes of the authority are securities in
which the public officers and bodies of this state; municipalities
and municipal subdivisions; insurance companies, associations, and
other persons carrying on an insurance business; banks, trust
companies, savings banks, savings associations, and savings and
loan associations; investment companies; administrators, guardians,
executors, trustees, and other fiduciaries; and all other persons
who are authorized to invest in bonds or other obligations of this
state may properly and legally invest funds.
(13) The property of the authority, including its share of
interest in any joint venture in which the authority participates,
and its income and operation are exempt from all taxation,
including the severance tax of 1929 PA 48, MCL 205.301 to 205.317,
by this state or any of its political subdivisions. All bonds and
notes of the authority, the interest on the bonds and notes, and
their transfer are exempt from all taxation, including the
severance tax of 1929 PA 48, MCL 205.301 to 205.317, by this state
or any of its political subdivisions, except for estate, gift, and
inheritance taxes. The state covenants with the purchasers and all
subsequent holders and transferees of bonds and notes issued by the
authority under this act, in consideration of the acceptance of and
payment for the bonds and notes, that the bonds and notes of the
authority, issued pursuant to this act, the interest on the bonds
and notes, the transfer of the bonds and notes, and all of the
authority's fees, charges, gifts, grants, revenues, receipts, and
other money received or to be received and pledged to pay or secure
the payment of the bonds or notes shall at all times be free and
exempt from all state or local taxation provided by the laws of
this state, except for estate, gift, and inheritance taxes.
(14) The issuance of bonds and notes under this act is subject
to the agency financing reporting act, 2002 PA 470, MCL 129.171 to
129.177.
(15) For the purpose of more effectively managing its debt
service, the authority may enter into an interest rate exchange or
swap, hedge, or similar agreement with respect to its bonds or
notes on the terms and payable from the sources and with the
security, if any, as determined by a resolution of the authority.
Sec. 19. The authority, in its discretion, may contract with
others, public or private, for the provision of all or a portion of
the services necessary for the management and operation of the
authority.
Sec. 21. (1) If requested by the authority, the department
shall provide staff and other support to the authority sufficient
to carry out its duties, powers, and responsibilities.
(2) All departments and agencies of state government shall
provide full cooperation to the authority in the performance of its
duties, powers, and responsibilities.
Sec. 23. This act shall be construed liberally to effectuate
the legislative intent and the purpose of this act as complete and
independent authority for the performance of each act and thing
authorized in this act. Powers granted in this act shall be broadly
interpreted to effectuate such intent and purposes and not as a
limitation of powers.