HB-5510, As Passed House, December 2, 2004
SUBSTITUTE FOR
HOUSE BILL NO. 5510
A bill to make and supplement appropriations for certain capital
outlay programs and state departments and agencies for the fiscal year
ending September 30, 2005; to supplement appropriations for the state
transportation department for the fiscal year ending September 30,
2005; to make and supplement appropriations for the department of
agriculture and certain other state departments for the fiscal year
ending September 30, 2004; to implement the appropriations within the
budgetary process; to make appropriations for planning and
construction at state agencies; to make appropriations for state
building authority rent and insurance; to make a grant for state
building authority rent; to provide for the acquisition of land and
buildings; to provide for the elimination of fire hazards; to provide
for special maintenance, remodeling and addition, alteration,
renovation, demolition, and other projects; to provide for elimination
of occupational safety and health hazards; to provide for the award
and implementation of contracts; to provide for the purchase of
furnishings and equipment relative to occupancy of a project; to
provide for the development of public recreation facilities; to
provide for certain advances from the general fund; to prescribe
powers and duties of certain state-officers and agencies; to require
certain reports, plans, and agreements; to provide for leases; to
provide for transfers; to prescribe standards and conditions relating
to the appropriations; to provide for the expenditure of
appropriations; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 PART 1
2 LINE-ITEM APPROPRIATIONS
3 Sec. 101. Subject to the conditions set forth in this act, the
4 amounts listed in this part are appropriated for certain capital
5 outlay projects at the various state agencies for the fiscal year
6 ending September 30, 2005, from the funds indicated in this part. The
7 following is a summary of the appropriations in this part:
8 TOTAL CAPITAL OUTLAY
9 GROSS APPROPRIATION................................. $ 289,511,500
10 Total interdepartmental grants and intradepartmental
11 transfers......................................... 2,000,000
12 ADJUSTED GROSS APPROPRIATION........................ $ 287,511,500
13 Total federal revenues.............................. 215,380,200
14 Total local funds................................... 22,790,000
15 Total private....................................... 0
16 Total state restricted.............................. 43,147,500
17 State general fund/general purpose.................. $ 6,193,800
House Bill No. 5510 (H-1) as amended December 2, 2004
1 Sec. 102. DEPARTMENT OF AGRICULTURE
2 Farmland and open space development acquisition..... $ 7,500,000
3 GROSS APPROPRIATION................................. $ 7,500,000
4 Appropriated from:
5 Federal revenues:
6 DAG, multiple grants................................ 2,500,000
7 Special revenue funds:
8 Agriculture preservation fund....................... 5,000,000
9 State general fund/general purpose.................. $ 0
10 Sec. 103. DEPARTMENT OF MANAGEMENT AND BUDGET
11 Lump-sum projects:
12 For state agencies special maintenance projects
13 estimated to cost more than $100,000 but less than
14 $1,000,000........................................ $ [2,200,000]
[Grant to Kalamazoo Valley Community College, high
throughput screening initiative.................. 600,000]
15 Grant to Michigan international speedway, pedestrian
16 access project.................................... 1,000,000
17 Grant to city of Detroit, baseball all-star game
18 related infrastructure repairs, demolition, and
19 major special maintenance......................... 1,000,000
20 GROSS APPROPRIATION................................. $ 4,800,000
21 Appropriated from:
22 Interdepartmental grant revenues:
23 IDG, building occupancy charges..................... 2,000,000
24 Special revenue funds:
25 Escrow restructuring revenues....................... 2,800,000
26 State general fund/general purpose.................. $ 0
27 Sec. 104. DEPARTMENT OF MILITARY AND VETERANS'
1 AFFAIRS
2 Lump-sum projects:
3 For department of military and veterans' affairs
4 remodeling, additions, and special maintenance
5 projects.......................................... $ 5,592,000
6 Camp Grayling, multiple company headquarters
7 building, for design and construction (total
8 project cost $18,500,000; federal share
9 $18,500,000)...................................... 18,500,000
10 Camp Grayling, multipurpose machine gun range, for
11 design and construction (total project cost
12 $2,000,000; federal share $2,000,000)............. 2,000,000
13 Grand Ledge army aviation support facility, phase II
14 (total authorized cost $30,000,000; federal share
15 $29,660,000; state armory construction fund share
16 $340,000)......................................... 9,200,000
17 North Lansing complex renovations, for design and
18 construction (total project cost $13,000,000;
19 federal share $12,500,000; state share $500,000).. 13,000,000
20 Grand Rapids home for veterans life-safety
21 renovations, for design and construction (total
22 authorized cost $1,134,000; federal share
23 $737,100; state share $396,900)................... 1,134,000
24 D.J. Jacobetti home for veterans life-safety
25 renovations, for design and construction (total
26 authorized cost $1,232,500; federal share
27 $801,100; state share $431,400)................... 1,232,500
1 Land acquisitions and appraisals state wide......... 100,000
2 GROSS APPROPRIATION................................. $ 50,758,500
3 Appropriated from:
4 Federal revenues:
5 DOD, department of the army - national guard bureau. 47,792,000
6 DVA, veterans health administration................. 1,538,200
7 Special revenue funds:
8 Armory construction fund............................ 600,000
9 Income and assessments.............................. 828,300
10 State general fund/general purpose.................. $ 0
11 Sec. 105. DEPARTMENT OF NATURAL RESOURCES
12 (1) DEPARTMENTAL SUMMARY
13 GROSS APPROPRIATION................................. $ 12,450,000
14 Total interdepartmental grants and intradepartmental
15 transfers......................................... 0
16 ADJUSTED GROSS APPROPRIATION........................ $ 12,450,000
17 Total federal revenues.............................. $ 3,550,000
18 Total local funds................................... 0
19 Total private....................................... 0
20 Total state restricted.............................. 8,900,000
21 State general fund/general purpose.................. $ 0
22 (2) STATE PARK REMODELING AND MAINTENANCE
23 State parks repair and maintenance.................. $ 1,000,000
24 Forest roads, bridges, and facilities............... 900,000
25 GROSS APPROPRIATION................................. $ 1,900,000
26 Appropriated from:
27 Special revenue funds:
1 State park improvement fund......................... 1,000,000
2 Forest development fund............................. 800,000
3 Forest recreation fund.............................. 100,000
4 State general fund/general purpose.................. $ 0
5 (3) WILDLIFE
6 State game and wildlife area maintenance............ $ 550,000
7 GROSS APPROPRIATION................................. $ 550,000
8 Appropriated from:
9 Federal revenues:
10 DOI, Pittman - Robertson............................ 550,000
11 Special revenue funds:
12 State general fund/general purpose.................. $ 0
13 (4) WATERWAYS BOATING PROGRAM
14 Boating program, state boating access sites:
15 Crystal Lake, Benzie County, new site construction,
16 phase II (total authorized cost $1,400,000; state
17 share $1,400,000)................................. $ 200,000
18 Field initiatives................................... 2,000,000
19 Boating program, boating access sites,
20 grants-in-aid:
21 Holland, Ottawa County, Kollen park boating access
22 site rehabilitation (total project cost
23 $1,300,000; state share $650,000; local share
24 $650,000)......................................... 650,000
25 Boating program, state harbors and docks:
26 Infrastructure improvements and engineering studies. 1,650,000
27 Boating program, local harbors and docks,
1 grants-in-aid:
2 Infrastructure improvements and engineering studies. 1,100,000
3 St. Clair, St. Clair County, marina rehabilitation
4 and upgrade (total project cost $4,000,000;
5 federal share $3,000,000; local share $1,000,000). 3,000,000
6 Charlevoix, Charlevoix County, marina expansion and
7 upgrade (total project cost $2,000,000; state
8 share $1,000,000; local share $1,000,000)......... 1,000,000
9 Naubinway, Mackinac County, marina rehabilitation
10 and dredging (total project cost $600,000; state
11 share $300,000; local share $300,000)............. 300,000
12 St. Ignace, Mackinac County, chief dock pier project
13 (total project cost $100,000; state share
14 $100,000)......................................... 100,000
15 GROSS APPROPRIATION................................. $ 10,000,000
16 Appropriated from:
17 Federal revenues:
18 DOI, U.S. fish and wildlife service Dingell-Johnson. 3,000,000
19 Special revenue funds:
20 State waterways fund................................ 7,000,000
21 State general fund/general purpose.................. $ 0
22 Sec. 106. DEPARTMENT OF TRANSPORTATION
23 (1) BUILDINGS AND FACILITIES
24 Salt storage buildings and brine runoff control
25 systems - contract agencies locations............. $ 1,900,000
26 Construct, renovate, and/or replace salt storage
27 buildings, various maintenance garage locations... 1,100,000
1 L'Anse, Baraga County, demolish old and construct
2 new equipment storage building, phase II (total
3 authorized cost $1,015,000)....................... 200,000
4 Atlanta, Montmorency County, maintenance garage
5 renovations, phase II (total authorized cost
6 $3,300,000)....................................... 2,676,000
7 Detroit, Wayne County, maintenance garage, phase II
8 (total authorized cost $4,030,000)................ 530,000
9 Houghton, Houghton County, maintenance garage, for
10 design and construction (total authorized cost
11 $2,230,000)....................................... 2,230,000
12 Mio, Oscoda County, maintenance garage renovation
13 and expansion (total authorized cost $1,471,000).. 1,471,000
14 Brighton, Livingston County, new equipment storage
15 building (total authorized cost $350,000)......... 350,000
16 Detroit, Wayne County, MITS garage, new equipment
17 storage building (total authorized cost $100,000). 100,000
18 Bay region, new equipment storage building.......... 56,000
19 Institutional and agency roads...................... 750,000
20 DeWitt Township, Clinton County, state aeronautics
21 facility roof, apron/ramp, and security
22 improvements (total authorized cost $400,000)..... 400,000
23 GROSS APPROPRIATION................................. $ 11,763,000
24 Appropriated from:
25 Special revenue funds:
26 State trunkline fund................................ 11,363,000
27 State aeronautics fund.............................. 400,000
1 State general fund/general purpose.................. $ 0
2 (2) AERONAUTICS FUND: AIRPORT PROGRAMS
3 Airport safety and protection plan.................. $ 202,046,200
4 Federal/state/local airport construction:
5 Adrian - Lenawee County airport
6 Allegan - Padgham field
7 Alma - Gratiot community airport
8 Alpena - Alpena County regional airport
9 Ann Arbor - municipal airport
10 Atlanta - Atlanta municipal airport
11 Bad Axe - Huron County memorial airport
12 Baraga - Baraga County airport
13 Battle Creek - W.K. Kellogg airport
14 Bay City - James Clements airport
15 Bellaire - Antrim County airport
16 Benton Harbor - southwest Michigan regional airport
17 Big Rapids - Roben-Hood airport
18 Cadillac - Wexford County airport
19 Caro municipal airport
20 Caseville - Caseville airport
21 Charlevoix - municipal airport
22 Charlotte - Fitch H. Beach airport
23 Cheboygan County airport
24 Clare municipal airport
25 Coldwater - Branch County airport
26 Detroit - Detroit city airport
27 Detroit - Detroit metropolitan-Wayne County airport
1 Detroit - Willow Run airport
2 Dowagiac - Cass County airport
3 Drummond Island - Drummond Island airport
4 East Tawas - Iosco County airport
5 Escanaba - Delta County airport
6 Evart municipal airport
7 Flint - Bishop international airport
8 Frankfort - Dow memorial airport
9 Fremont municipal airport
10 Gaylord - Otsego County airport
11 Gladwin - Zettle memorial airport
12 Grand Haven memorial airpark
13 Grand Ledge - Abrams municipal airport
14 Grand Rapids - Gerald R. Ford international airport
15 Grayling army airfield
16 Greenville municipal airport
17 Grosse Ile municipal airport
18 Hancock - Houghton County memorial airport
19 Harbor Springs municipal airport
20 Hart-Shelby - Oceana County airport
21 Hastings - Hastings city/Barry County airport
22 Hillsdale municipal airport
23 Holland - tulip city airport
24 Houghton Lake - Roscommon County airport
25 Howell - Livingston County airport
26 Ionia - Ionia County airport
27 Iron County airport
1 Iron Mountain - Ford airport
2 Ironwood - Gogebic-Iron County (Wisconsin) airport
3 Jackson - Jackson County-Reynolds field
4 Kalamazoo - Kalamazoo/Battle Creek international
5 airport
6 Lake Isabella airpark
7 Lakeview-Griffith field
8 Lambertville - suburban airport
9 Lansing - capital city airport
10 Lapeer - Dupont-Lapeer airport
11 Lewiston - Garland airport
12 Linden - Price airport
13 Lowell city airport
14 Ludington - Mason County airport
15 Mackinac Island airport
16 Manistee County airport
17 Manistique - Schoolcraft County airport
18 Marlette - Marlette township airport
19 Marquette - Sawyer airport
20 Marshall - Brooks field
21 Mason - Jewett field
22 Menominee - Menominee-Marinette twin city airport
23 Midland - Barstow airport
24 Mio - Oscoda County airport
25 Monroe - Custer airport
26 Mount Pleasant municipal airport
27 Munising - Hanley field
1 Muskegon county airport
2 Newberry - Luce County airport
3 New Hudson - Oakland-southwest airport
4 Niles - Jerry Tyler memorial airport
5 Ontonagon County airport
6 Oscoda - Wurtsmith airport
7 Owosso community airport
8 Paradise airport
9 Pellston regional airport
10 Plymouth - Canton-Plymouth-Mettetal airport
11 Pointe Aux Pins - Bois Blanc Island airport
12 Pontiac - Oakland County international airport
13 Port Huron - St. Clair County international airport
14 Rogers City - Presque Isle County-Rogers City airport
15 Romeo state airport
16 Saginaw - H.W. Browne airport
17 Saginaw - MBS international airport
18 St. Ignace - Mackinac County airport
19 Saint James - Beaver Island airport
20 Sandusky city airport
21 Sault Ste. Marie - Chippewa County international
22 airport
23 Sault Ste. Marie - Sanderson airport
24 South Haven regional airport
25 Sparta airport
26 Statewide - various sites
27 Sturgis - Kirsch municipal airport
House Bill No. 5510 (H-1) as amended December 2, 2004
1 Three Rivers municipal-Dr. Haines airport
2 Traverse City - cherry capital airport
3 Troy - Oakland-Troy airport
4 West Branch community airport
5 White Cloud airport
6 GROSS APPROPRIATION................................. $ 202,046,200
7 Appropriated from:
8 Federal revenues:
9 DOT, federal aviation administration................ 160,000,000
10 Special revenue funds:
11 Local aeronautics match............................. 22,790,000
12 Combined comprehensive transportation bond proceeds
13 fund - aeronautics................................ 12,000,000
14 State aeronautics fund.............................. 7,256,200
15 State general fund/general purpose.................. $ 0
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23 Sec. 107. STATE AGENCY, COMMUNITY COLLEGE, AND
24 UNIVERSITY PLANNING PROJECTS
25 Alpena Community College - instructional
26 addition/renovation project - for program and
27 planning to be paid for from college revenues..... $ 100
1 Bay de Noc Community College - new west campus
2 facility - for program and planning to be paid for
3 from college revenues............................. 100
4 Lansing Community College - vocational tech center -
5 for program and planning to be paid for from
6 college revenues.................................. 100
7 North Central Michigan College - university and
8 science center - for program and planning to be
9 paid for from college revenues.................... 100
10 West Shore Community College - new student learning
11 center - for program and planning to be paid for
12 from college revenues............................. 100
13 Central Michigan University - education building -
14 for program and planning to be paid for from
15 university revenues............................... 100
16 Ferris State University - optometry building - for
17 program and planning to be paid for from
18 university revenues............................... 100
19 Lake Superior State University - south hall addition
20 and renovations project - for program and planning
21 to be paid for from university revenues........... 100
22 Western Michigan University - Brown building project
23 - for program and planning to be paid for from
24 university revenues............................... 100
25 Southwestern Michigan College - information
26 technology center renovations - for program and
27 planning to be paid for from college revenues..... $ 100
1 GROSS APPROPRIATION................................. $ 1,000
2 Appropriated from:
3 State general fund/general purpose.................. $ 1,000
4 Sec. 108. STATE BUILDING AUTHORITY FINANCED
5 CONSTRUCTION PROJECTS
6 Glen Oaks Community College science building
7 addition project authorized for planning in 2003
8 PA 193, for design and construction (total
9 authorized project cost $3,200,000; state building
10 authority share $1,599,800; Glen Oaks Community
11 College share $1,600,000; state general fund share
12 $200)............................................. $ 100
13 GROSS APPROPRIATION................................. $ 100
14 Appropriated from:
15 State general fund/general purpose.................. $ 100
16 Sec. 109. STATE BUILDING AUTHORITY RENT/GRANTS
17 State building authority rent - state agencies...... $ 0
18 Infrastructure, technology, equipment and
19 maintenance grant, Lake Superior State University. 192,700
20 GROSS APPROPRIATION................................. $ 192,700
21 Appropriated from:
22 Special revenue funds:
23 CMRS emergency telephone fund....................... (6,000,000)
24 State general fund/general purpose.................. $ 6,192,700
25 PART 2
1 PROVISIONS CONCERNING APPROPRIATIONS
2 GENERAL SECTIONS
3 Sec. 201. (1) Pursuant to section 30 of article IX of the state
4 constitution of 1963, total state spending from state resources under
5 part 1 for fiscal year 2004-2005 is $49,341,200.00 and state spending
6 from state resources paid to units of local government for fiscal year
7 2004-2005 is $28,456,200.00. The itemized statement below identifies
8 appropriations from which spending to units of local government will
9 occur:
10 CAPITAL OUTLAY
11 Department of agriculture - farmland and open space
12 preservation...................................... $ 2,500,000
13 Department of natural resources - waterways......... 4,800,000
14 State transportation department - salt storage
15 buildings......................................... 1,900,000
16 State transportation department - state aeronautics
17 program........................................... 19,256,200
18 TOTAL............................................... $ 28,456,200
19 (2) If it appears to the principal executive officer of a
20 department or branch that state spending to local units of government
21 will be less than the amount that was projected to be expended under
22 subsection (1), the principal executive officer shall immediately give
23 notice of the approximate shortfall to the state budget director.
24 Sec. 202. The appropriations authorized under this act are
25 subject to the management and budget act, 1984 PA 431, MCL 18.1101 to
26 18.1594.
27 Sec. 203. As used in this act:
1 (a) "ADA" means the Americans with disabilities act.
2 (b) "Board" means the state administrative board.
3 (c) "Community college" does not include a state agency or
4 university.
5 (d) "Department" means the department of management and budget.
6 (e) "Director" means the director of the department of management and
7 budget.
8 (f) "DAG" means the United States department of agriculture.
9 (g) "DOD" means the United States department of defense.
10 (h) "DOI" means the United States department of interior.
11 (i) "DOT" means the United States department of transportation.
12 (j) "Fiscal agencies" means the senate fiscal agency and the house
13 fiscal agency.
14 (k) "HHS-HCFA" means the United States department of health and human
15 services, health care financing administration.
16 (l) "ICF/MR" means intermediate care facilities for the mentally
17 retarded.
18 (m) "IDG" means interdepartmental grant.
19 (n) "JCOS" means the joint capital outlay subcommittee of the
20 appropriations committees.
21 (o) "MDOT" means the Michigan department of transportation.
22 (p) "Self-liquidating project" means a project constructed by a
23 community college or university with money raised through the use of a
24 debt instrument or other fund sources including, but not limited to,
25 gifts, grants, federal funds, or institutional sources, that is expected
26 to generate revenues to amortize the loan. A self-liquidating project
27 may or may not be a self-supporting project. Examples of a
1 self-liquidating project include dormitories, parking facilities, and
2 stadia.
3 (q) "Self-supporting project" means a project of a community college
4 or university that will house a function or activity from which revenue
5 is generated that will cover all the direct and indirect operating costs
6 of the project without the additional transfer of any other general fund
7 money of the community college or university.
8 (r) "State agency" means an agency of state government. State
9 agency does not include a community college or university.
10 (s) "State building authority" means the authority created under
11 1964 PA 183, MCL 830.411 to 830.425.
12 (t) "University" means a 4-year university supported by the
13 state. University does not include a community college or a state
14 agency.
15 (u) "Utility system" means a utility supply or distribution
16 system, or a combination utility supply and distribution system.
17 Sec. 204. Funds appropriated in part 1 shall not be used for the
18 purchase of non-Michigan goods or services, or both, if competitively
19 priced and of comparable quality Michigan goods or services, or both,
20 are available.
21 Sec. 205. Unless otherwise specified, departments and agencies
22 receiving appropriations in part 1 shall use the Internet to fulfill
23 the reporting requirements of this act. This requirement may include
24 transmission of reports via electronic mail to the recipients
25 identified for each reporting requirement or it may include placement
26 of reports on an Internet or Intranet site.
27 DEPARTMENT OF AGRICULTURE
1 Sec. 251. Of the amounts appropriated in part 1 for farmland and
2 open space development acquisition, the funds shall be used for the
3 purchase of development rights and the awarding of grants by the
4 agriculture preservation fund board under the natural resources and
5 environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106.
6 DEPARTMENT OF CORRECTIONS
7 Sec. 301. A maximum security prison that is constructed or
8 completed after October 1, 1986 shall have operating manned
9 watchtowers equipped with the weaponry, lighting, sighting, and
10 communications devices necessary for effective execution of its
11 function. The watchtowers shall be constructed pursuant to the
12 American correctional association standards for watchtowers.
13 Sec. 302. (1) An appropriation and authorization contained in
14 this act or a previous appropriations act for the construction of a
15 new correctional facility, including a correctional camp, for which a
16 specific site was not identified with the appropriation shall not be
17 expended until approved by JCOS.
18 (2) For the purposes of this section, "site" means a city,
19 village, township, or county in which a correctional facility may be
20 located.
21 CAPITAL OUTLAY PROCESSES, PROCEDURES, AND REPORTS
22 Sec. 401. Each capital outlay project authorized in this act or
23 any previous capital outlay act shall comply with the procedures
24 required by the management and budget act, 1984 PA 431, MCL 18.1101 to
25 18.1594.
1 Sec. 402. A statement of a proposed facility's operating cost
2 shall be included with the facility's program statement and planning
3 documents when the plans are presented to JCOS for approval.
4 Sec. 403. (1) Before proceeding with final planning and
5 construction for projects at community colleges and universities
6 included in an appropriations bill, the community college or
7 university shall sign an agreement with the department that includes
8 the following provisions:
9 (a) The university or community college agrees to construct the
10 project within the total authorized cost established by the
11 legislature pursuant to the management and budget act, 1984 PA 431,
12 MCL 18.1101 to 18.1594, and an appropriations act.
13 (b) The design and program scope of the project shall not deviate
14 from the design and program scope represented in the program statement
15 and preliminary planning documents approved by the department.
16 (c) Any other items as identified by the department that are
17 necessary to complete the project.
18 (2) The department retains the authority and responsibility
19 normally associated with the prudent maintenance of the public's
20 financial and policy interests relative to the state-financed
21 construction projects managed by a community college or university.
22 Sec. 404. (1) The department shall provide the JCOS and the
23 fiscal agencies with reports as considered necessary relative to the
24 status of each planning or construction project financed by the state
25 building authority, by this act, or by previous acts.
26 (2) Before the end of each fiscal year, the department shall
27 report to the JCOS and the fiscal agencies for each capital outlay
1 project other than lump sums all of the following:
2 (a) The account number and name of each construction project.
3 (b) The balance remaining in each account.
4 (c) The date of the last expenditure from the account.
5 (d) The anticipated date of occupancy if the project is under
6 construction.
7 (e) The appropriations history for the project.
8 (f) The professional service contractor.
9 (g) The amount of a project financed with federal funds.
10 (h) The amount of a project financed through the state building
11 authority.
12 (i) The total authorized cost for the project and the state
13 authorized share if different than the total.
14 (3) Before the end of each fiscal year, the department shall
15 report the following for each project by a state agency, university,
16 or community college that is authorized for planning but is not yet
17 authorized for construction:
18 (a) The name of the project and account number.
19 (b) Whether a program statement is approved.
20 (c) Whether schematics are approved by the department.
21 (d) Whether preliminary plans are approved by the department.
22 (e) The name of the professional service contractor.
23 (4) As used in this section, "project" includes appropriation line
24 items made for purchase of real estate.
25 Sec. 405. (1) If a capital outlay appropriation is contained in
26 a public act that was not reviewed by the JCOS during the legislative
27 process, the director shall notify the JCOS of an expenditure of that
1 capital outlay appropriation not less than 60 days before the
2 expenditure.
3 (2) For the purposes of this section, "capital outlay
4 appropriation" means an appropriation that provides for the
5 construction, renovation, or repair of a capital facility or
6 acquisition or development of land and that is normally reviewed by
7 the JCOS.
8 Sec. 406. A state agency, college, or university shall take
9 steps necessary to make available federal and other money indicated in
10 this act, to make available federal or other money that may become
11 available for the purposes for which appropriations are made in this
12 act, and to use any part or all of the appropriations to meet matching
13 requirements that are considered to be in the best interest of this
14 state. However, the purpose, scope, and total estimated cost of a
15 project shall not be altered to meet the matching requirements.
16 Sec. 407. (1) Before money is released for the construction or
17 lease of a capital outlay project costing over $1,000,000.00, at the
18 request of the JCOS the department shall submit to the JCOS, with
19 preliminary planning documents, a detailed comparative cost analysis.
20 The cost analysis shall include a comparison of the financial and
21 other benefits of construction, financing, operation, and maintenance
22 of the proposed facility between all of the following:
23 (a) The state.
24 (b) The private sector.
25 (c) A combination of the state and the private sector.
26 (d) A lease agreement.
27 (2) If the department's recommendation for financing is
1 inconsistent with the findings of the comparative cost analysis, the
2 department shall present written documentation to the JCOS outlining
3 the rationale for the recommendation.
4 (3) For purposes of this section, "capital outlay project" means a
5 construction project or lease requiring JCOS approval including, but
6 not limited to, a general office facility, special use facility,
7 warehouse, institutional facility, or utility system designed for use
8 by a state agency or university. Capital outlay project does not
9 include a special maintenance and remodeling project, grant-in-aid
10 project, prison facility, legislative facility, judicial facility,
11 community college facility, or self-liquidating project constructed by
12 a university.
13 Sec. 408. Pursuant to section 242(2) of the management and
14 budget act, 1984 PA 431, MCL 18.1242, the department shall submit
15 5-year capital outlay plans and capital outlay priority requests
16 developed by state agencies (and as approved by the department of
17 management and budget), universities, and community colleges to the
18 chairperson and ranking vice-chairperson of the JCOS and the fiscal
19 agencies upon the release of the executive budget recommendation.
20 USE AND FINANCE STATEMENTS
21 Sec. 501. (1) A university or community college shall not let a
22 contract for new construction of a nonstate-funded project estimated
23 to cost more than $1,000,000.00 unless the project is authorized by
24 the JCOS through approval of a use and financing statement defined by
25 a policy adopted by the JCOS. The request for legislative
26 authorization shall be initially submitted for review to the JCOS, the
1 fiscal agencies, and the department. The use and financing statement
2 for a nonstate-funded project shall contain the estimated total
3 construction cost and all associated estimated operating costs
4 including a statement of anticipated project revenues. As used in
5 this section, "new construction" includes land or property
6 acquisition, remodeling and additions, and maintenance projects.
7 (2) A project that is constructed in violation of this section
8 shall not receive state appropriations for purposes of operating the
9 project, or support for future infrastructure enhancements that are
10 necessitated, in part or in total, by construction of the project. In
11 addition, the violation may result in the loss of any state capital
12 outlay funding for the institution for 2 years.
13 (3) A state agency, including the department of military affairs,
14 shall not let a contract, including those for a direct
15 federally-funded capital outlay construction or major maintenance or
16 remodeling project if the total project is estimated to cost more than
17 $1,000,000.00 and is to be constructed on state-owned lands, unless
18 the project is approved by the department and by the JCOS through
19 approval of a use and financing statement defined by a policy adopted
20 by the JCOS. For projects over $1,000,000.00, the state agency shall
21 submit a use and financing statement as required for community
22 colleges and universities in subsection (1). As used in this
23 subsection, "direct federally-funded" refers to a project for which
24 federal payments are made directly to the construction vendor and not
25 to the state-of Michigan.
26 (4) A public body corporate created under section 28 of
27 article VII of the state constitution of 1963 and the urban
1 cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512,
2 by a contractual interlocal agreement between local participating
3 economic development corporations formed under the economic
4 development corporations act, 1974 PA 338, MCL 125.1601 to 125.1636,
5 and the Michigan strategic fund shall not let a contract for new
6 construction estimated to cost more than $1,000,000.00 unless the
7 project is authorized by the JCOS through the approval of a use and
8 financing statement defined by a policy adopted by the JCOS. For
9 purposes of this subsection, the use and financing statement for a
10 project shall contain the estimated total construction cost and all
11 associated estimated operating costs. As used in this subsection,
12 "new construction" means land or property acquisition, remodeling or
13 additions, lease or lease purchase, and maintenance projects for the
14 corporate office of the public body corporate described in this
15 subsection.
16 (5) The chair of the JCOS shall annually transmit to each
17 community college and public university the current requirements and
18 guidelines for the submission of use and finance statements.
19 LUMP SUMS AND SPECIAL MAINTENANCE
20 Sec. 601. (1) The director shall allocate lump-sum
21 appropriations made in this act for remodeling and addition, special
22 maintenance, major special maintenance, energy conservation,
23 demolition, ICF/MR, air-conditioning, and fire protection projects.
24 The director shall allocate other lump sums in order of program
25 priority and need of the various state agencies or as otherwise based
26 on actual building inspection reports by regulatory agencies.
1 (2) The state budget director may authorize that funds
2 appropriated for lump-sum special maintenance shall be available for
3 no more than 2 fiscal years following the fiscal year in which the
4 original appropriation was made. Any remaining balance from
5 allocations made in this section shall lapse to the fund from which it
6 was appropriated pursuant to the lapsing of funds as provided in the
7 management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
8 (3) Before the end of each fiscal year, the department shall
9 submit a report to the JCOS and the fiscal agencies indicating the
10 total cost and status of all lump-sum projects funded under this act
11 and any previous act that have been designated as proposed, designed,
12 bid, under construction, or completed within the current fiscal year.
13 Sec. 602. (1) A state agency shall provide notification to JCOS
14 prior to commencing a demolition project not authorized by law. The
15 demolition project may be disapproved by the JCOS within 30 days after
16 the date of notification, and if disapproved within that time, the
17 demolition project shall not be authorized. The notification to JCOS
18 shall identify the building or facility to be demolished and its
19 location, the estimated cost of the demolition project, estimated
20 project schedule, and the source of financing.
21 (2) The 30-day disapproval period does not apply to any
22 notifications submitted during a period when the legislature will not
23 be in session for 15 days or more. In these situations, the 30-day
24 disapproval period begins on the first scheduled session day.
25 Sec. 603. Pursuant to department policy, state agencies may
26 expend not more than $600,000.00 from their operating budget for
27 special maintenance, remodeling, additions, or other capital outlay
1 purposes, unless specifically authorized by the legislature.
2 COLLEGES AND UNIVERSITIES
3 Sec. 801. (1) This section applies only to projects for
4 community colleges.
5 (2) State support is directed towards the remodeling and
6 additions, special maintenance, or construction of certain community
7 college buildings. The community college shall obtain or provide for
8 site acquisition and initial main utility installation to operate the
9 facility. Funding shall be comprised of local and state shares, and
10 the state share shall include 50% of any federal money awarded for
11 projects appropriated in this act. Not more than 50% of a capital
12 outlay project, not including a lump-sum special maintenance project
13 or remodeling and addition project, for a community college shall be
14 appropriated from state and federal funds, unless otherwise
15 appropriated by the legislature.
16 (3) An expenditure under this act is authorized when the release
17 of the appropriation is approved by the board upon the recommendation
18 of the director. The director may recommend to the board the release
19 of any appropriation in part 1 only after the director is assured that
20 the legal entity operating the community college to which the
21 appropriation is made has complied with this act and has matched the
22 amounts appropriated as required by this act. A release of funds in
23 part 1 shall not exceed 50% of the total cost of planning and
24 construction of any project, not including lump-sum remodeling and
25 additions and special maintenance, unless otherwise appropriated by
26 the legislature. Further planning and construction of a project
27 authorized by this act or applicable sections of the management and
1 budget act, 1984 PA 431, MCL 18.1101 to 18.1594, shall be in
2 accordance with the purpose and scope as defined and delineated in the
3 approved program statements and planning documents. This act is
4 applicable to all projects for which planning appropriations were made
5 in previous acts.
6 (4) The community college shall take the steps necessary to secure
7 available federal construction and equipment money for projects funded
8 for construction in this act if an application was not previously
9 made. If there is a reasonable expectation that a prior year unfunded
10 application may receive federal money in a subsequent year, the
11 college shall take whatever action necessary to keep the application
12 active. If federal money is received, the state share shall be
13 adjusted accordingly as provided by this act.
14 Sec. 802. If matching revenues are received in an amount less
15 than the appropriations contained in this act, the state funds of the
16 appropriation shall be reduced in proportion to the amount of matching
17 revenue received.
18 Sec. 804. (1) The director may require that community colleges
19 and universities that have an authorized project listed in part 1
20 submit documentation regarding the project match and governing board
21 approval of the authorized project not more than 60 days after the
22 beginning of the fiscal year.
23 (2) If the documentation required by the director under subsection
24 (1) is not submitted, or does not adequately authenticate the
25 availability of the project match or board approval of the authorized
26 project, the authorization may terminate. The authorization
27 terminates 30 days after the director notifies the JCOS of the intent
1 to terminate the project unless the JCOS convenes to extend the
2 authorization.
3 DEPARTMENT OF MANAGEMENT AND BUDGET
4 Sec. 901. (1) The department shall provide the JCOS and the
5 fiscal agencies a report, not more than 15 days after the reporting
6 date, of privately owned leased space by state agencies, by March 31
7 and September 30 of each year, consisting of the following:
8 (a) Department.
9 (b) Agency division and leased number.
10 (c) Building location (address and city).
11 (d) Type of building.
12 (e) County.
13 (f) Name and address of lessor.
14 (g) Square footage and net square footage rate.
15 (h) Monthly and annual cost.
16 (i) Date lease started and expires.
17 (j) Options and services.
18 (2) The lease report shall be summarized for office space, group
19 homes, and other space for the Lansing area and statewide, excepting
20 the Lansing area.
21 Sec. 902. (1) Due to the need to more efficiently and
22 effectively manage the portfolio of facilities leased for use by
23 agencies of state government, the reduction in the number of state
24 employees occupying those facilities and the need to reduce
25 expenditures, the director of the department of management and budget
26 shall not authorize the expenditure of any funds appropriated to state
27 departments and state agencies for the fiscal year ending September
1 30, 2005 for rental payments or operational expenses for the leased
2 premises at the following location(s) except as provided in subsection
3 (2):
4 (a) 10226-1995-1035, department of labor and economic growth: 201
5 N. Washington, Lansing, MI.
6 (b) 7158-1990-115, department of labor and economic growth: 201
7 N. Washington, Lansing, MI.
8 (c) 7320-1989-349, department of civil service: 400 S. Pine,
9 Lansing, MI.
10 (d) 10464-1996-1362, department of community health: 300
11 E. Michigan, Lansing, MI.
12 (e) 7321-1989-350, department of community health: 400 S. Pine,
13 Lansing, MI.
14 (f) 10573-1998-1136, department of labor and economic growth:
15 1375 S. Washington, Lansing, MI.
16 (g) 10469-2002-2159, department of labor and economic growth:
17 2501 Woodlake Circle, Okemos, MI.
18 (h) 7157-2001-1172, department of corrections: 206 E. Michigan,
19 Lansing, MI.
20 (i) 10143-1992-1045, family independence agency: 2100 Woodward
21 Ave., Bloomfield Hills, MI.
22 (j) 10214-1993-1237, family independence agency: 5321 28th Street
23 SE, Grand Rapids, MI.
24 (k) 10220-1999-1330, family independence agency: 2015 Bailey,
25 Dearborn, MI.
26 (l) 10237-1992-1238, family independence agency: 1509 Washington,
27 Midland, MI.
1 (m) 10450-1995-1289, family independence agency: 27407 Hamlin,
2 Inkster, MI.
3 (n) 2502-1986-29, family independence agency: 111 W. Union,
4 Roscommon, MI.
5 (o) 2625-1988-55, family independence agency: 4505 Oakman,
6 Detroit, MI.
7 (p) 2702-1994-1191, family independence agency: 1960 Lafayette,
8 Detroit, MI.
9 (q) 6129-1983-57, family independence agency: 2400 Denton,
10 Hamtramck, MI.
11 (r) 7026-1988-212, family independence agency: 515 S. Sandusky,
12 Sandusky, MI.
13 (s) 7455-1992-1165, family independence agency: 22 Center,
14 Ypsilanti, MI.
15 (t) 10900-2001-1096, department of management and budget: 110
16 W. Michigan, Lansing, MI.
17 (u) 7050-2001-1203, department of management and budget: 400
18 S. Pine, Lansing, MI.
19 (v) 10235-1994-1262, department of state police: 4481 Corunna
20 Rd., Flint, MI.
21 (w) 2787-1993-1009, department of labor and economic growth: 5015
22 S. Cedar, Lansing, MI.
23 (2) If the director of the department of management and budget
24 determines that the proper and efficient administration of the
25 portfolio of facilities leased for use by agencies of state government
26 requires that payments from funds appropriated to state departments
27 and state agencies in the fiscal year ending September 30, 2005,
1 continue to be expended for rental payments or operational expenses
2 for 1 or more of the properties listed in subsection (1), an exception
3 may be granted by the director of the department of management and
4 budget for lease expenditures related to such property or properties.
5 No such exception shall be granted unless the director determines that
6 1 or more of the following will occur:
7 (a) The efficient and effective operation of an essential state
8 agency function will be jeopardized.
9 (b) Failure to waive application of subsection (1) will cause
10 substantial unnecessary expenditure of resources.
11 (c) Such an exception will serve the best interests of the state.
12 (3) Prior to September 30, 2005, the director of the department of
13 management and budget shall report in writing to the chairs of the
14 house and senate committees on appropriations, the house and senate
15 fiscal agencies, and the state budget director any exceptions approved
16 under subsection (2), and the justification for such exception(s).
17 DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
18 Sec. 1001. The appropriations in part 1 for department of
19 military and veterans affairs design and construction projects are
20 contingent upon the availability of federal and state restricted funds
21 for financing.
22 Sec. 1002. The following department of military and veterans
23 affairs design and construction project is canceled: a total of
24 $6,700,000.00 appropriated in 2003 PA 193 for design and construction
25 of a new United States property and fiscal office.
1 DEPARTMENT OF NATURAL RESOURCES
2 Sec. 1101. The appropriation made in this act for the harbors
3 and docks program is for the purpose of participating with the federal
4 government and assisting political entities and subdivisions of this
5 state in the construction and improvement of recreational boating
6 facilities within this state. Subject to the approval of the board,
7 this money shall be allocated by the department of natural resources
8 to the federal government, or to the political entities or local units
9 of government involved in the particular projects. An allocation
10 shall not exceed the state portion as listed with each project
11 description. The department of natural resources shall take the steps
12 necessary to match federal money available for the construction and
13 improvement of recreational boating facilities within this state, and
14 to meet requirements of the federal government.
15 Sec. 1102. Before the end of each fiscal year, the department of
16 natural resources shall report each year to the JCOS the status of
17 each project that received an appropriation in any capital outlay act,
18 if the project is either not completed or has a balance remaining in
19 its account. The report shall be in the same form and contain the
20 information as required under section 404. The report shall be
21 separated into the following areas, by fund sources:
22 (a) Waterways projects.
23 (b) Urban recreation projects.
24 (c) State park projects.
25 (d) Wildlife and fisheries projects.
26 (e) Other projects.
27 Sec. 1103. The department of natural resources may transfer
1 $1,000,000.00 from the harbor development fund to the state waterways
2 fund for the purposes appropriated in part 1 of this act.
3 STATE TRANSPORTATION DEPARTMENT
4 Sec. 1201. (1) From federal-state-local project appropriations
5 contained in part 1 for the purpose of assisting political entities
6 and subdivisions of this state in the construction and improvement of
7 publicly used airports and landing fields within this state, the state
8 transportation department may permit the award of contracts on behalf
9 of units of local government for the authorized locations not to
10 exceed the indicated amounts, of which the state allocated portion
11 shall not exceed the amount appropriated in part 1.
12 (2) Political entities and subdivisions shall provide not less
13 than 2.5% of the cost of any project under this section, unless a
14 total nonfederal share greater than 5% is otherwise specified in
15 federal law. State money shall not be allocated until local money is
16 allocated. State money for any 1 project shall not exceed 1/3 of the
17 total appropriation in part 1 from state funds for airport improvement
18 programs.
19 (3) The Michigan aeronautics commission may take those steps
20 necessary to match federal money available for airport construction
21 and improvement within this state, and to meet the matching
22 requirements of the federal government. Whether acting alone or
23 jointly with another political subdivision or public agency or with
24 this state, a political subdivision or public agency of this state
25 shall not submit to any agency of the federal government a project
26 application for airport planning or development unless it is
House Bill No. 5510 (H-1) as amended December 2, 2004
1 authorized in this act and the project application is approved by the
2 governing body of each political subdivision or public agency making
3 the application, and by the Michigan aeronautics commission.
4 (4) From the appropriations contained in part 1 for airport
5 programs, no funds shall be allocated for any runway extensions,
6 taxiway extensions, or apron extensions at the Detroit-Willow Run
7 airport.
8 Sec. 1202. Before the end of each fiscal year, the state
9 transportation department shall report to the JCOS the status of
10 projects funded in part 1 with the estimated dollars allocated for
11 each project. If there has to be a delay in reporting, the state
12 transportation department shall notify JCOS in writing of the date the
13 report will be received.
14 Sec. 1203. (1) A planning project or construction project
15 appropriated for the airport program shall be made available for no
16 more than 2 fiscal years following the fiscal year in which the
17 original appropriation was made.
18 (2) Any remaining balance from allocations made in this section
19 shall lapse to the fund from which it was appropriated pursuant to the
20 lapsing of funds as provided in the management and budget act, 1984
21 PA 431, MCL 18.1101 to 18.1594.
22 Sec. 1204. Pursuant to applicable federal and state law,
23 acquisition of property adjacent to state or locally owned airport
24 facilities may be funded with federal, state, and local funds.
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13 MISCELLANEOUS
14 Sec. 1301. (1) Revenue collected from licenses issued under the
15 antenna site management project shall be deposited into the antenna
16 site management revolving fund created for this purpose in the
17 department of information technology. The department may receive and
18 expend funds from the fund for costs associated with the antenna site
19 management project, including the cost of the third-party site
20 manager. Any excess revenue remaining in the fund at the close of the
21 fiscal year shall be proportionately transferred to the appropriate
22 state restricted funds as designated in statute or by constitution.
23 (2) An antenna shall not be sited pursuant to this section without
24 prior compliance with the respective local zoning codes and local unit
25 of government processes.
26 Sec. 1302. (1) A site preparation economic development fund is
1 hereby created in the department of management and budget. As used in
2 this section, "economic development sites" means those state-owned
3 sites declared as surplus property pursuant to section 251 of the
4 management and budget act, 1984 PA 431, MCL 18.1251, that would
5 provide economic benefit to the area or to the state. The Michigan
6 economic development corporation board and the state budget director
7 shall determine whether or not a specific state-owned site qualifies
8 for inclusion in the fund created under this subsection.
9 (2) Proceeds from the sale of any sites designated in
10 subsection (1) shall be deposited into the fund created in
11 subsection (1) and shall be available for site preparation
12 expenditures, unless otherwise provided by law. The economic
13 development sites authorized in subsection (1) are hereby authorized
14 for sale consistent with state law. Expenditures from the fund are
15 hereby authorized for site preparation activities that enhance the
16 marketable sale value of the sites. Site preparation activities
17 include, but are not limited to, demolition, environmental studies and
18 abatement, utility enhancement, and site excavation.
19 (3) A cash advance in an amount of not more than $25,000,000.00 is
20 hereby authorized from the general fund to the site preparation
21 economic development fund.
22 (4) An annual report shall be transmitted to the senate and house
23 of representatives appropriations committees not later than
24 December 31 of each year. This report shall detail both of the
25 following:
26 (a) The revenue and expenditure activity in the fund for the
27 preceding fiscal year.
1 (b) The sites identified as economic development sites under
2 subsection (1).
3 REPEALER
4 Sec. 1401. Section 732 of 2004 PA 361 is repealed.
5 PART 2A
6 PROVISIONS CONCERNING APPROPRIATIONS
7 FISCAL YEAR 2003-2004
8 GENERAL SECTIONS
9 Sec. 3001. For the fiscal year ending September 30, 2004, there
10 is appropriated $700,000.00 from the Michigan state fair revenue fund
11 for Michigan state fair payment of premiums to exhibitors.