SB 1081, As Passed Senate

SB-1081, As Passed Senate, December 7, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1081

A bill to provide for a capital outlay program; to set forth

the provisions for its implementation within the budgetary process;

to make appropriations for planning and construction at state

institutions and the acquisition of land; to provide for the

elimination of fire hazards at the institutions; to provide for

certain special maintenance, remodeling, alteration, renovation, or

demolition of and additions to projects at state institutions; to

provide for elimination of occupational safety and health hazards

at state agencies and institutions; to provide for the award of

contracts; to provide for expenditures under the supervision of the

director of the department of management and budget and the state

administrative board; to make, supplement, and adjust

appropriations for various state departments and agencies for the

fiscal year ending September 30, 2007; and to provide for the

Senate Bill No. 1081 as amended December 7, 2006

expenditure of the appropriations.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. Subject to the conditions set forth in this act, the

amounts listed in this part are appropriated for certain capital

outlay projects at the various state agencies and institutions for

the fiscal year ending September 30, 2007, from the funds indicated

in this part. The following is a summary of the appropriations in

this part:

CAPITAL OUTLAY

APPROPRIATION SUMMARY

GROSS APPROPRIATION.................................... $ <<203,439,700>>

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental

transfers............................................ 2,000,000

ADJUSTED GROSS APPROPRIATION........................... $ <<201,439,700>>

Federal revenues:

Total federal revenues................................. 148,124,300

Special revenue funds:

Total local revenues................................... 12,648,300

Total private revenues................................. 0

Total other state restricted revenues.................. 40,663,300

State general fund/general purpose..................... $ <<3,800>>

Sec. 102. DEPARTMENT OF AGRICULTURE

Farmland and open space development acquisition........ $ 3,750,000

GROSS APPROPRIATION.................................... $ 3,750,000

Senate Bill No. 1081 as amended December 7, 2006

Appropriated from:

Federal revenues:

DAG, multiple grants................................... 1,250,000

Special revenue funds:

Agriculture preservation fund.......................... 2,500,000

State general fund/general purpose..................... $ 0

Sec. 103. DEPARTMENT OF MANAGEMENT AND BUDGET

Lump-sum projects:

Special maintenance, remodeling and additions:

For state agencies special maintenance projects

estimated to cost more than $100,000 but less than

$1,000,000........................................... $ 2,000,000

GROSS APPROPRIATION.................................... $ 2,000,000

Appropriated from:

Interdepartmental grant revenues:

IDG from building occupancy charges.................... 2,000,000

State general fund/general purpose..................... $ 0

Sec. 104. STATE AGENCY, COMMUNITY COLLEGE, AND

UNIVERSITY PLANNING PROJECTS

<<Alpena Community College – transportation engineering center of excellence - for program and planning to be paid for from college revenues............................................... 100>>

Bay de Noc - student center remodeling - for program

and planning to be paid from college revenues........ $ 100

<<Delta College – health and wellness center - for program and planning to be paid for from university revenues....................... 100>>

Grand Rapids Community College - lifelong learning

center - for program and planning to be paid for

from college revenues................................ 100

<<Henry Ford Community College – instructional technology and

infrastructure - for program and planning to be paid for from

university revenues.................................. 100

Jackson Community College – campus renovation project - for program

and planning to be paid for from college revenues.... 100>>

Kalamazoo Valley Community College - Texas Township

campus expansion - for program and planning to be

paid for from college revenues....................... 100

<<Kellogg Community College – classroom C building

renovations - for program and planning to be paid

for from college revenues............................ 100>>

Senate Bill No. 1081 as amended December 7, 2006 (1 of 2)

Lake Michigan College - emerging technologies

initiative - for program and planning to be paid

for from college revenues............................ 100

<<Montcalm Community College - MTEC expansion - for program

and planning to be paid from college revenues........ 100

Macomb County Community College – alternative fuel

development center - for program and planning to be

paid for from college revenues....................... 100>>

Mott Community College - library consolidation and

renovations - for program and planning to be paid

for from college revenues............................ 100

<<Monroe County Community College – middle college

technology center - for program and planning to be

paid for from college revenues....................... 100

Muskegon Community College – museum/art project - for

program and .. planning to be paid for from university

revenues............................................. 100>>

North Central Michigan College - university and

science center - for program and planning to be

paid for from college revenues....................... 100

Oakland Community College - building A

additions/renovations - for program and planning to

be paid for from college revenues.................... 100

St. Clair County Community College - center for

health and human services - for program and

planning to be paid for from college revenues........ 100

<<Schoolcraft College – public safety training complex - for

program and planning to be paid for from college

revenues............................................. 100>>

Wayne County Community College - northwest campus

replacement - for program and planning to be paid

for from college revenues............................ 100

<<Central Michigan University – campus-wide renovation/

maintenance - for program and planning to be paid for

from university revenues............................. 100>>

Eastern Michigan University - Pray-Harrold classroom

building renovations - for program and planning to

be paid for from university revenues................. 100

Ferris State University - Michigan College of

Optometry and center for collaborative health

education - for program and planning to be paid for

from university revenues............................. 100

Grand Valley State University - learning technology

center - for program and planning to be paid for

Senate Bill No. 1081 as amended December 7, 2006 (1 of 2)

from university revenues............................. 100

Lake Superior State University - south hall addition

and renovations project - for program and planning

to be paid for from university revenues.............. 100

<<Michigan State University – nursing school expansion -

for program and planning to be paid for from university

revenues............................................. 100>>

Michigan Technological University - Great Lakes

research facility - for program and planning to be

paid for from university revenues.................... 100

Oakland University - engineering center - for

program and planning to be paid for from university

revenues............................................. 100

<<Oakland University – school of nursing and health

science building - for program and planning to be

paid for from university revenues.................... 100>>

Saginaw Valley State University - nursing and health

science facility - for program and planning to be

paid for from university revenues.................... 100

<<University of Michigan - Flint - Murchie and French

hall renovations - for program and planning to be paid

from university revenues............................. 100

Western Michigan University - Sangren hall - for

program and planning to be paid for from university

revenues............................................. 100

University of Michigan - Dearborn – teacher preparation

facility/child development center - for program and

planning to be paid for from university revenues..... 100

University of Michigan - Ann Arbor – biology building -

for program and planning to be paid for from

university revenues.................................. 100>>

GROSS APPROPRIATION.................................... $ <<3,300>>

Appropriated from:

State general fund/general purpose..................... $ <<3,300>>

Sec. 104a. ECONOMIC DEVELOPMENT PROJECTS

Regional economic development initiative - for

program and planning to be paid for from local

resources............................................ $ 100

GROSS APPROPRIATION.................................... $ 100

Appropriated from:

State general fund/general purpose..................... $ 100

Sec. 105. STATE BUILDING AUTHORITY FINANCED

CONSTRUCTION PROJECTS

Kirtland Community College - campus water well

system upgrades (total authorized cost $1,005,000;

Senate Bill No. 1081 as amended December 7, 2006

state building authority share $502,400; Kirtland

Community College share $502,500; state general

fund share $100)..................................... $ 100

<<Department of military affairs - armory repairs including

roof replacements, kitchen remodeling, ADA compliance issues,

and restroom upgrades (total authorized cost $5,000,000;

state building authority share $4,999,900; state general

fund share $100)..................................... 100>>

Department of natural resources - state park

improvement projects (total authorized cost

$20,000,000; state building authority share

$19,999,900; state general fund share $100).......... 100

<<Department of education – school for the deaf

renovations (total authorized cost $2,275,000;

state building authority share $2,274,900; state

general fund share $100)............................. 100>>

GROSS APPROPRIATION.................................... $ <<400>>

Appropriated from:

State general fund/general purpose..................... $ <<400>>

Sec. 106. DEPARTMENT OF MILITARY AFFAIRS

Lump-sum projects:

For department of military affairs remodeling and

additions and special maintenance projects........... $ 5,000,000

Shiawassee County, armory replacement, for design

and construction (total authorized cost $6,350,000;

federal share $4,400,000; state armory

construction fund share $1,950,000).................. 650,000

GROSS APPROPRIATION.................................... $ 5,650,000

Appropriated from:

Federal revenues:

DOD, department of the army, national guard bureau..... 5,150,000

Armory construction fund............................... 500,000

State general fund/general purpose..................... $ 0

Sec. 107. DEPARTMENT OF NATURAL RESOURCES

(1) STATE PARK AND FOREST AREA IMPROVEMENTS

State parks repair and maintenance..................... $ 2,000,000

Forest roads, bridges, and facilities.................. 1,400,000

GROSS APPROPRIATION.................................... $ 3,400,000

Appropriated from:

Special revenue funds:

Forest development fund................................ 1,300,000

Forest recreation fund................................. 100,000

State park improvement fund............................ 2,000,000

State general fund/general purpose..................... $ 0

(2) WILDLIFE

Statewide wetlands acquisitions........................ $ 2,000,000

GROSS APPROPRIATION.................................... $ 2,000,000

Appropriated from:

Special revenue funds:

Game and fish protection - waterfowl fees.............. 2,000,000

State general fund/general purpose..................... $ 0

(3) WATERWAYS BOATING PROGRAM

Infrastructure improvements - state projects........... $ 4,720,000

Infrastructure improvements - local projects........... 2,250,000

Land acquisition....................................... 1,170,000

Boating program, state boating access projects:

Walloon Lake, Charlevoix County, new site

construction - phase I (total authorized cost

$510,000, state share $510,000)...................... 510,000

Boating program, boating access sites, grants in

aid:

Tuscarora Township, Cheboygan County, boat launch

and parking lot construction (total authorized cost

$467,200, state share $332,500, local share

$134,700)............................................ 332,500

Frankfort, Benzie County, boat launch and parking

lot rehabilitation (total project cost $151,300;

state share $113,500; local share $37,800)........... 113,500

Ludington, Mason County, breakwater rubble mound

protective structure (total authorized cost

$227,900; state share $171,000; local share $56,900). 171,000

Boating program, harbors and docks, state

facilities:

De Tour, Chippewa County, floating dock repair and

replacement (total project cost $4,000,000; federal

share $3,000,000; state share $1,000,000)............ 4,000,000

Mackinaw City, Cheboygan County, new marina, state

dock, phase III (total cost $10,625,000; state

share $10,625,000)................................... 265,000

Mitchell state park, Wexford County, seawall and

walkway improvements (total authorized cost

$623,000; federal share $160,000; state share

$463,000)............................................ 463,000

Boating program, harbors and docks, local

facilities:

Leland, Leelanau County, marina rehabilitation and

upgrades (total project cost $3,500,000; state

share $2,625,000; local share $875,000).............. 875,000

GROSS APPROPRIATION.................................... $ 14,870,000

Appropriated from:

Federal revenues:

DHS, U.S. coast guard.................................. 1,470,000

DOI, U.S. fish and wildlife service, Dingell-Johnson... 3,000,000

Special revenue funds:

Michigan state waterways fund.......................... 10,400,000

State general fund/general purpose..................... $ 0

Sec. 108. DEPARTMENT OF TRANSPORTATION

STATE TRUNKLINE FUND

Department buildings and facilities:

Salt storage buildings and containment control

systems - contract agencies.......................... $ 2,000,000

Salt storage buildings and containment control

systems - various state locations.................... 1,100,000

Design and construct maintenance garage washbays -

various state locations.............................. 413,300

Oakland County, transportation service center

construction......................................... 2,800,000

Institutional and agency roads......................... 750,000

Miscellaneous remodeling, additions, emergency

maintenance.......................................... 400,000

Cadillac, Wexford County, transportation service

center construction, total project cost increased

from $1,000,000 to $1,650,000........................ 650,000

Taylor, Wayne County, transportation service center

construction, total project cost increased from

$1,800,000 $2,550,000; state trunkline fund share

is increased from $1,800,000 to $2,550,000........... 750,000

GROSS APPROPRIATION.................................... $ 8,863,300

Appropriated from:

Special revenue funds:

State trunkline fund................................... 8,863,300

State general fund/general purpose..................... $ 0

Sec. 109. DEPARTMENT OF TRANSPORTATION

AERONAUTICS FUND: AIRPORT PROGRAMS

Airport safety, protection, and improvement program.... $ 162,902,600

Adrian - Lenawee County airport

Allegan - Padgham field

Alma - Gratiot community airport

Alpena - Alpena County regional airport

Ann Arbor - Ann Arbor municipal airport

Atlanta - Atlanta municipal airport

Bad Axe - Huron County memorial airport

Baraga - new airport

Battle Creek - W.K. Kellogg airport

Bay City - James Clements airport

Bellaire - Antrim County airport

Benton Harbor - Southwest Michigan regional airport

Big Rapids - Roben-Hood airport

Cadillac - Wexford County airport

Caro - Tuscola area/Caro municipal airport

Caseville - new airport

Charlevoix - Charlevoix municipal airport

Charlotte - Fitch H. Beach airport

Cheboygan - Cheboygan County airport

Clare - Clare municipal airport

Coldwater - Branch County airport

Detroit - Detroit city airport

Detroit - Detroit metropolitan airport, Wayne

County airport

Detroit - Willow Run airport

Dowagiac - Cass County airport

Drummond Island - Drummond Island airport

East Tawas - East Tawas Iosco County airport

Escanaba - Delta County airport

Evart - Evart municipal airport

Flint - Bishop international airport

Frankfort - Frankfort Dow memorial airport

Fremont - Fremont municipal airport

Gaylord - Otsego County airport

Gladwin - Gladwin Zettel memorial airport

Grand Haven - Grand Haven memorial airpark

Grand Ledge - Abrams municipal airport

Grand Rapids - Gerald R. Ford international airport

Grayling - Grayling army airfield

Greenville - Greenville municipal airport

Grosse Ile - Grosse Ile municipal airport

Hancock - Houghton County memorial airport

Harbor Springs - Harbor Springs municipal airport

Hart Shelby - Oceana County airport

Hastings - Hastings city/Barry County airport

Hillsdale - Hillsdale municipal airport

Holland - tulip city airport

Houghton Lake - Roscommon County airport

Howell - Livingston County airport

Ionia - Ionia County airport

Iron County - county airports

Iron Mountain - Ford airport

Ironwood - Gogebic-Iron County (Wisconsin) airport

Jackson - Jackson County-Reynolds field

Kalamazoo - Kalamazoo/Battle Creek international

airport

Lakeview - Lakeview-Griffith field

Lansing - capital city airport

Lapeer - Dupont-Lapeer airport

Linden - Price airport

Ludington - Mason County airport

Mackinac Island - Mackinac Island airport

Manistee - Manistee County airport

Manistique - Schoolcraft County airport

Marlette - Marlette Township airport

Marquette - Sawyer airport

Marshall - Brooks field

Mason - Mason Jewett field

Menominee - Menominee-Marinette twin city airport

Midland - Jack Barstow airport

Mio - Oscoda County airport

Monroe - Custer airport

Mt. Pleasant - Mt. Pleasant municipal airport

Munising - Hanley field

Muskegon - Muskegon County airport

New Hudson - Oakland-Southwest airport

Newberry - Luce County airport

Niles - Jerry Tyler memorial airport

Ontonagon - Ontonagon County airport

Oscoda - Wurtsmith airport

Owosso - Owosso community airport

Paradise - new airport

Pellston - Pellston regional airport

Plymouth - Canton-Plymouth-Mettetal airport

Pointe Aux Pins - Bois Blanc island airport

Pontiac - Oakland County international airport

Port Huron - St. Clair County international airport

Rogers City - Presque Isle County/Rogers City

airport

Romeo - Romeo state airport

Saginaw - Harry W. Browne airport

Saginaw - MBS international airport

St. Ignace - Mackinac County airport

St. James - Beaver Island airport

Sandusky - Sandusky city airport

Sault Ste. Marie - Chippewa County international

airport

South Haven - South Haven area regional airport

Sparta - Sparta airport

Statewide - various sites

Senate Bill No. 1081 as amended December 7, 2006

Sturgis - Kirsch municipal airport

Three Rivers - Three Rivers municipal, Dr. Haines

airport

Traverse City - cherry capital airport

Troy - Oakland-Troy airport

West Branch - West Branch community airport

White Cloud - White Cloud airport

GROSS APPROPRIATION.................................... $ 162,902,600

Appropriated from:

Federal revenues:

DOT, federal aviation administration................... 137,254,300

Special revenue funds:

Local aeronautics match................................ 12,648,300

Combined comprehensive transportation bond proceeds

fund - aeronautics................................... 12,000,000

State aeronautics fund................................. 1,000,000

State general fund/general purpose..................... $ 0

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

GENERAL SECTIONS

Sec. 201. Pursuant to section 30 of article IX of the state

constitution of 1963, total state spending under part 1 for fiscal

year 2006-2007 is <<$40,667,100.00>>. State payments to local units of

government under part 1 are $19,992,000.00. The itemized statement

below identifies appropriations from which spending to local units

of government will occur:

CAPITAL OUTLAY

Department of agriculture - farmland and open space

preservation......................................... $ 1,250,000

Department of natural resources – waterways............ 3,742,000

Department of transportation – buildings and

facilities........................................... 2,000,000

Department of transportation – airport safety,

protection, and improvement program.................... 13,000,000

TOTAL.................................................. $ 19,992,000

Sec. 202. The appropriations made and the expenditures

authorized under this part and the departments, agencies,

commissions, boards, offices, and programs for which an

appropriation is made under part 1 are subject to the management

and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. If it appears to the principal executive officer of

a department or branch that state spending to local units of

government will be less than the amount that was projected to be

expended under this act, the principal executive officer shall

immediately give notice of the approximate shortfall to the state

budget director.

Sec. 204. As used in this act:

(a) "ADA" means the Americans with disabilities act.

(b) "Board" means the state administrative board.

university.

(d) "Department" means the department of management and

budget.

(e) "Director" means the director of the department of

management and budget.

(f) "DAG" means the United States department of agriculture.

(g) "DOD" means the United States department of defense.

(h) "DOI" means the United States department of interior.

(i) "DOT" means the United States department of

transportation.

(j) "Fiscal agencies" means the senate fiscal agency and the

house fiscal agency.

(k) "ICF/MR" means intermediate care facilities for the

mentally retarded.

(l) "IDG" means interdepartmental grant.

(m) "JCOS" means the joint capital outlay subcommittee of the

appropriations committees.

(n) "Self-liquidating project" means a project constructed by

a community college or university with money raised through the use

of a debt instrument or other fund sources including, but not

limited to, gifts, grants, federal funds, or institutional sources,

that is expected to generate revenues to amortize the loan. A self-

liquidating project may or may not be a self-supporting project.

Examples of a self-liquidating project include dormitories, parking

facilities, and stadia.

(o) "Self-supporting project" means a project of a community

college or university that will house a function or activity from

which revenue is generated that will cover all the direct and

indirect operating costs of the project without the additional

transfer of any other general fund money of the community college

or university.

(p) "State agency" means an agency of state government. State

agency does not include a community college or university.

(q) "State building authority" means the authority created

under 1964 PA 183, MCL 830.411 to 830.425.

(r) "University" means a 4-year university supported by the

state. University does not include a community college or a state

agency.

(s) "Utility system" means a utility supply or distribution

system, or a combination utility supply and distribution system.

Sec. 205. Funds appropriated in part 1 shall not be used for

the purchase of foreign goods or services, or both, if

competitively priced and of comparable quality American goods,

services, or both, are available. Preference should be given to

goods or services, or both, manufactured or provided by Michigan

businesses if they are competitively priced and of comparable

quality.

Sec. 206. Unless otherwise specified, departments and agencies

receiving appropriations in part 1 shall use the Internet to

fulfill the reporting requirements of this act. This requirement

may include transmission of reports via electronic mail to the

recipients identified for each reporting requirement or it may

include placement of reports on an Internet or Intranet site.

DEPARTMENT OF AGRICULTURE

Sec. 301. Of the amounts appropriated in part 1 for farmland

and open space development acquisition, the funds shall be used for

the purchase of development rights and the awarding of grants by

the agriculture preservation fund board under the natural resources

and environmental protection act, 1994 PA 451, MCL 324.101 to

324.90106.

DEPARTMENT OF CORRECTIONS

Sec. 401. A maximum security prison that is constructed or

completed after October 1, 1986 shall have operating staffed

watchtowers equipped with the weaponry, lighting, sighting, and

communications devices necessary for effective execution of its

function. The watchtowers shall be constructed pursuant to the

American correctional association standards for watchtowers.

Sec. 402. (1) An appropriation and authorization contained in

this act or a previous appropriations act for the construction of a

new correctional facility, including a correctional camp, for which

a specific site was not identified with the appropriation shall not

be expended until approved by JCOS.

(2) For the purposes of this section, "site" means a city,

village, township, or county in which a correctional facility may

be located.

CAPITAL OUTLAY PROCESSES, PROCEDURES, AND REPORTS

Sec. 501. Each capital outlay project authorized in this act

or any previous capital outlay act shall comply with the procedures

required by the management and budget act, 1984 PA 431, MCL 18.1101

to 18.1594.

Sec. 502. A statement of a proposed facility's operating cost

shall be included with the facility's program statement and

planning documents when the plans are presented to JCOS for

approval.

Sec. 503. (1) Before proceeding with final planning and

construction for projects at community colleges and universities

included in an appropriations bill, the community college or

university shall sign an agreement with the department that

includes the following provisions:

(a) The university or community college agrees to construct

the project within the total authorized cost established by the

legislature pursuant to the management and budget act, 1984 PA 431,

MCL 18.1101 to 18.1594, and an appropriations act.

(b) The design and program scope of the project shall not

deviate from the design and program scope represented in the

program statement and preliminary planning documents approved by

the department.

necessary to complete the project.

(2) The department retains the authority and responsibility

normally associated with the prudent maintenance of the public's

financial and policy interests relative to the state-financed

construction projects managed by a community college or university.

Sec. 504. (1) The department shall provide JCOS and the fiscal

agencies with reports as considered necessary relative to the

status of each planning or construction project financed by the

state building authority, by this act, or by previous acts.

(2) Before the end of each fiscal year, the department shall

report to JCOS and the fiscal agencies for each capital outlay

project other than lump sums all of the following:

(a) The account number and name of each construction project.

(b) The balance remaining in each account.

(d) The anticipated date of occupancy if the project is under

construction.

(e) The appropriations history for the project.

(f) The professional service contractor.

(g) The amount of a project financed with federal funds.

(h) The amount of a project financed through the state

building authority.

(i) The total authorized cost for the project and the state

authorized share if different than the total.

(3) Before the end of each fiscal year, the department shall

report the following for each project by a state agency,

university, or community college that is authorized for planning

but is not yet authorized for construction:

(a) The name of the project and account number.

(b) Whether a program statement is approved.

(d) Whether preliminary plans are approved by the department.

(e) The name of the professional service contractor.

(4) As used in this section, "project" includes appropriation

line items made for purchase of real estate.

Sec. 505. (1) If a capital outlay appropriation is contained

in a public act that was not reviewed by JCOS during the

legislative process, the director shall notify JCOS of an

expenditure of that capital outlay appropriation not less than 60

days before the expenditure.

(2) For the purposes of this section, "capital outlay

appropriation" means an appropriation that provides for the

construction, renovation, or repair of a capital facility or

acquisition or development of land and that is normally reviewed by

JCOS.

Sec. 506. A state agency, college, or university shall take

steps necessary to make available federal and other money indicated

in this act, to make available federal or other money that may

become available for the purposes for which appropriations are made

in this act, and to use any part or all of the appropriations to

meet matching requirements that are considered to be in the best

interest of this state. However, the purpose, scope, and total

estimated cost of a project shall not be altered to meet the

matching requirements.

Sec. 507. (1) Before money is released for the construction or

lease of a capital outlay project costing over $1,000,000.00, at

the request of JCOS the department shall submit to JCOS, with

preliminary planning documents, a detailed comparative cost

analysis. The cost analysis shall include a comparison of the

financial and other benefits of construction, financing, operation,

and maintenance of the proposed facility between all of the

following:

(a) The state.

(b) The private sector.

(d) A lease agreement.

(2) If the department's recommendation for financing is

inconsistent with the findings of the comparative cost analysis,

the department shall present written documentation to JCOS

outlining the rationale for the recommendation.

(3) For purposes of this section, "capital outlay project"

means a construction project or lease requiring JCOS approval

including, but not limited to, a general office facility, special

use facility, warehouse, institutional facility, or utility system

designed for use by a state agency or university. Capital outlay

project does not include a special maintenance and remodeling

project, grant-in-aid project, prison facility, legislative

facility, judicial facility, community college facility, or self-

liquidating project constructed by a university.

Sec. 508. Pursuant to section 242(2) of the management and

budget act, 1984 PA 431, MCL 18.1242, the department shall submit

5-year capital outlay plans and capital outlay priority requests

developed by state agencies (and as approved by the department of

management and budget), universities, and community colleges to the

chairperson and ranking vice-chairperson of JCOS and the fiscal

agencies upon the release of the executive budget recommendation.

USE AND FINANCE STATEMENTS

Sec. 601. (1) Except as otherwise provided in subsection (3),

a university shall not enter into a contract for new construction

of a self-funded project estimated to cost more than $3,000,000.00

unless the project is authorized by JCOS through approval of a use

and finance statement defined by a policy adopted by JCOS. The

request for authorization shall be initially submitted for review

to JCOS, the senate and house fiscal agencies, and the department.

The use and finance statement for a non-state-funded project shall

contain the estimated total construction cost and all associated

estimated operating costs, including a statement of anticipated

project revenues. As used in this subsection, "new construction"

includes land or property acquisition, remodeling and additions,

maintenance projects, roads, landscaping, equipment,

telecommunications, utilities, and parking lots and structures.

Certificate of need forms may be submitted in lieu of a use and

finance form where applicable.

(2) Except as otherwise provided in subsection (3), a

community college shall not enter into a contract for new

construction of a self-funded project estimated to cost more than

$2,000,000.00 unless the project is authorized by JCOS through

approval of a use and finance statement defined by a policy adopted

by JCOS. The request for legislative authorization shall be

initially submitted for review to JCOS, the senate and house fiscal

agencies, and the department. The use and finance statement for a

non-state-funded project shall contain the estimated total

construction cost and all associated estimated operating costs,

including a statement of anticipated project revenues. As used in

this subsection, "new construction" includes land or property

acquisition, remodeling and additions, maintenance projects, roads,

landscaping, equipment, telecommunications, utilities, and parking

lots and structures. Certificate of need forms may be submitted in

lieu of a use and finance form where applicable.

(3) The University of Michigan Hospital and Health Center is

not required to obtain JCOS authorization through approval of a use

and finance statement defined by a policy adopted by JCOS.

(4) If health or safety concerns warrant, a project may be

completed without prior approval of a use and finance statement

defined by a policy adopted by JCOS. However, a university or

community college shall submit a use and finance statement as soon

as possible after the project is completed and the health or safety

concerns have abated.

(5) A project that is constructed in violation of this section

shall not receive state appropriations for purposes of operating

the project or for support for future infrastructure enhancements

that are necessitated, in whole or in part, by construction of the

project. In addition, a project constructed in violation of this

section shall result in the loss of any state capital outlay

funding for the institution for 2 years and a prohibition of doing

self-funded projects of any kind, except for emergencies where

health or safety concerns warrant, for 1 year.

(6) A state agency, including the department of military

affairs, shall not enter into a contract, including those for a

direct federally-funded capital outlay construction or major

maintenance or remodeling project if the total project is estimated

to cost more than $1,000,000.00 and is to be constructed on state-

owned lands unless the project is approved by the department and

JCOS through approval of a use and finance statement defined by a

policy adopted by JCOS, unless the project is otherwise

appropriated in a capital outlay appropriations bill. For projects

not appropriated in a capital outlay appropriations bill that are

over $1,000,000.00, the state agency shall submit a use and finance

statement defined by a policy adopted by JCOS. As used in this

subsection, "direct federally-funded" refers to a project for which

federal payments are made directly to the construction vendor and

not to the state of Michigan.

(7) A public body corporate created under section 28 of

article VII of the state constitution of 1963 and the urban

cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to

124.512, by a contractual interlocal agreement between local

participating economic development corporations formed under the

economic development corporations act, 1974 PA 338, MCL 125.1601 to

125.1636, and the Michigan strategic fund shall not enter into a

contract for new construction estimated to cost more than

$1,000,000.00 unless the project is authorized by JCOS through the

approval of a use and finance statement defined by a policy adopted

by JCOS. For purposes of this subsection, the use and finance

statement for a project shall contain the estimated total

construction cost and all associated estimated operating costs. As

used in this subsection, "new construction" means land or property

acquisition, remodeling or additions, lease or lease purchase, and

maintenance projects for the corporate office of the public body

corporate described in this subsection.

LUMP SUMS AND SPECIAL MAINTENANCE

Sec. 701. (1) The director shall allocate lump-sum

appropriations made in this act for remodeling and addition,

special maintenance, major special maintenance, energy

conservation, demolition, ICF/MR, air-conditioning, and fire

protection projects. The director shall allocate other lump sums in

order of program priority and need of the various state agencies or

as otherwise based on actual building inspection reports by

regulatory agencies.

(2) The state budget director may authorize that funds

appropriated for lump-sum special maintenance shall be available

for no more than 2 fiscal years following the fiscal year in which

the original appropriation was made. Any remaining balance from

allocations made in this section shall lapse to the fund from which

it was appropriated pursuant to the lapsing of funds as provided in

the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

(3) Before the end of each fiscal year, the department shall

submit a report to JCOS and the fiscal agencies indicating the

total cost and status of all lump-sum projects funded under this

act and any previous act that have been designated as proposed,

designed, bid, under construction, or completed within the current

fiscal year.

Sec. 702. (1) A state agency shall provide notification to

JCOS prior to commencing a demolition project not authorized by

law. The demolition project may be disapproved by JCOS within 30

days after the date of notification, and if disapproved within that

time, the demolition project shall not be authorized. The

notification to JCOS shall identify the building or facility to be

demolished and its location, the estimated cost of the demolition

project, estimated project schedule, and the source of financing.

(2) The 30-day disapproval period does not apply to any

notifications submitted during a period when the legislature will

not be in session for 15 days or more. In these situations, the 30-

day disapproval period begins on the first scheduled session day.

Sec. 703. Pursuant to department policy, state agencies may

expend not more than $600,000.00 from their operating budget for

special maintenance, remodeling, additions, or other capital outlay

purposes, unless specifically authorized by the legislature, for

those purposes.

Sec. 705. Any unexpended and unreserved state general

fund/general purpose remaining in accounts appropriated in sections

103 and 104 of 2002 PA 518 for major special maintenance and

remodeling for the departments of community health, corrections,

human services, management and budget, military affairs, and state

police is hereby reappropriated for the fiscal year ending

September 30, 2007 for maintenance and remodeling projects for the

department of corrections.

COLLEGES AND UNIVERSITIES

Sec. 801. (1) This section applies only to projects for

community colleges.

(2) State support is directed towards the remodeling and

additions, special maintenance, or construction of certain

community college buildings. The community college shall obtain or

provide for site acquisition and initial main utility installation

to operate the facility. Funding shall be comprised of local and

state shares, and the state share shall include 50% of any federal

money awarded for projects appropriated in this act. Not more than

50% of a capital outlay project, not including a lump-sum special

maintenance project or remodeling and addition project, for a

community college shall be appropriated from state and federal

funds, unless otherwise appropriated by the legislature.

(3) An expenditure under this act is authorized when the

release of the appropriation is approved by the board upon the

recommendation of the director. The director may recommend to the

board the release of any appropriation in part 1 only after the

director is assured that the legal entity operating the community

college to which the appropriation is made has complied with this

act and has matched the amounts appropriated as required by this

act. A release of funds in part 1 shall not exceed 50% of the total

cost of planning and construction of any project, not including

lump-sum remodeling and additions and special maintenance, unless

otherwise appropriated by the legislature. Further planning and

construction of a project authorized by this act or applicable

sections of the management and budget act, 1984 PA 431, MCL 18.1101

to 18.1594, shall be in accordance with the purpose and scope as

defined and delineated in the approved program statements and

planning documents. This act is applicable to all projects for

which planning appropriations were made in previous acts.

(4) The community college shall take the steps necessary to

secure available federal construction and equipment money for

projects funded for construction in this act if an application was

not previously made. If there is a reasonable expectation that a

prior year unfunded application may receive federal money in a

subsequent year, the college shall take whatever action necessary

to keep the application active. If federal money is received, the

state share shall be adjusted accordingly as provided by this act.

Sec. 802. If matching revenues are received in an amount less

than the appropriations contained in this act, the state funds of

the appropriation shall be reduced in proportion to the amount of

matching revenue received.

Sec. 803. (1) The director may require that community colleges

and universities that have an authorized project listed in part 1

submit documentation regarding the project match and governing

board approval of the authorized project not more than 60 days

after the beginning of the fiscal year.

(2) If the documentation required by the director under

subsection (1) is not submitted, or does not adequately

authenticate the availability of the project match or board

approval of the authorized project, the authorization may

terminate. The authorization terminates 30 days after the director

notifies JCOS of the intent to terminate the project unless JCOS

convenes to extend the authorization.

Sec. 808. The total project cost for the Wayne State

University engineering development center authorized for

construction in 2006 PA 345 remains $27,350,000.00. The state

building authority share is increased from $12,350,000.00 to

$14,999,800.00, the state general fund/general purpose share

Senate Bill No. 1081 as amended December 7, 2006

remains $200.00, and the university share is increased from

$11,500,000.00 to $12,350,000.00.

<<Sec. 809. The total cost of the Montcalm Community College life science training facility authorized in 2005 PA 10 is maintained at $7,500,000.00. The state building authority share is increased from $2,999,800.00 to $3,749,800.00, the college share is reduced from $4,500,000.00 to $3,750,000.00, and the state general fund share remains $200.00.>>

DEPARTMENT OF MANAGEMENT AND BUDGET

Sec. 901. (1) The department shall provide JCOS and the fiscal

agencies a report, not more than 15 days after the reporting date,

of privately owned leased space by state agencies, by March 31 and

September 30 of each year, consisting of the following:

(a) Department.

(b) Agency division and leased number.

(d) Type of building.

(e) County.

(f) Name and address of lessor.

(g) Square footage and net square footage rate.

(h) Monthly and annual cost.

(i) Date lease started and expires.

(j) Options and services.

(k) Total monthly and annual cost for all leases.

(2) The lease report shall be summarized for office space,

group homes, and other space for the Lansing area and statewide,

excepting the Lansing area.

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

Sec. 1001. The appropriations in part 1 for department of

military and veterans affairs design and construction projects are

contingent upon the availability of federal and state restricted

funds for financing.

DEPARTMENT OF NATURAL RESOURCES

Sec. 1101. The appropriation made in this act for the harbors

and docks program is for the purpose of participating with the

federal government and assisting political entities and

subdivisions of this state in the construction and improvement of

recreational boating facilities within this state. Subject to the

approval of the board, this money shall be allocated by the

department of natural resources to the federal government, or to

the political entities or local units of government involved in the

particular projects. An allocation shall not exceed the state

portion as listed with each project description. The department of

natural resources shall take the steps necessary to match federal

money available for the construction and improvement of

recreational boating facilities within this state, and to meet

requirements of the federal government.

Sec. 1102. Before the end of each fiscal year, the department

of natural resources shall report each year to JCOS the status of

each project that received an appropriation in any capital outlay

act, if the project is either not completed or has a balance

remaining in its account. The report shall be in the same form and

contain the information as required under section 504. The report

shall be separated into the following areas, by fund sources:

(a) Waterways projects.

(b) Urban recreation projects.

(d) Wildlife and fisheries projects.

(e) Other projects.

Sec. 1104. The department of natural resources shall transfer

all revenues and unreserved receipts in the harbor development fund

to the state waterways fund for the purposes appropriated in part 1

of this act.

STATE TRANSPORTATION DEPARTMENT

Sec. 1201. (1) From federal-state-local project appropriations

contained in part 1 for the purpose of assisting political entities

and subdivisions of this state in the construction and improvement

of publicly used airports and landing fields within this state, the

state transportation department may permit the award of contracts

on behalf of units of local government for the authorized locations

not to exceed the indicated amounts, of which the state allocated

portion shall not exceed the amount appropriated in part 1.

(2) Political entities and subdivisions shall provide not less

than 2.5% of the cost of any project under this section, unless a

total nonfederal share greater than 5% is otherwise specified in

federal law. State money shall not be allocated until local money

is allocated. State money for any 1 project shall not exceed 1/3 of

the total appropriation in part 1 from state funds for airport

improvement programs.

(3) The Michigan aeronautics commission may take those steps

necessary to match federal money available for airport construction

and improvement within this state, and to meet the matching

requirements of the federal government. Whether acting alone or

jointly with another political subdivision or public agency or with

this state, a political subdivision or public agency of this state

shall not submit to any agency of the federal government a project

application for airport planning or development unless it is

authorized in this act and the project application is approved by

the governing body of each political subdivision or public agency

making the application, and by the Michigan aeronautics commission.

Sec. 1202. Before the end of each fiscal year, the state

transportation department shall report to JCOS the status of

projects funded in part 1 with the estimated dollars allocated for

each project. If there has to be a delay in reporting, the state

transportation department shall notify JCOS in writing of the date

the report will be received.

Sec. 1203. (1) A planning project or construction project

appropriated for the airport program shall be made available for no

more than 2 fiscal years following the fiscal year in which the

original appropriation was made.

(2) Any remaining balance from allocations made in this

section shall lapse to the fund from which it was appropriated

pursuant to the lapsing of funds as provided in the management and

budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 1204. From the appropriations contained in part 1 for

airport improvement programs, no funds shall be allocated for any

runway extensions, taxiway extensions, or apron extensions at the

Detroit-Willow Run airport. Further, it is the intent of the

legislature that no state funds shall be expended to improve or

repair the airport where the purpose of the improvement or repair

is to expand the usage of the airport including, but not limited

to, anything approximating a tradeport as that term is defined in

the former international tradeport development authority act,

former 1994 PA 325.

Sec. 1205. (1) Notwithstanding any other provision of law, the

state transportation department shall not, directly or indirectly,

expend any funds appropriated in 2006 PA 345, 2005 PA 158, or 2004

PA 361 to continue the Detroit River international crossing study

project nor further participate in any manner whatsoever with the

border transportation partnership.

(2) Within 10 days of the effective date of this act, the

department shall submit a report to the senate and house of

representatives appropriations subcommittees on transportation and

to the state transportation commission that identifies the source

and use of all funds attributable to or expended in furtherance of

the Detroit River international crossing study or the border

transportation partnership. The report shall include copies of all

contracts, agreements, and expenses associated with the project

from October 1, 2003 to December 31, 2006.

MISCELLANEOUS

Sec. 1301. (1) Revenue collected from licenses issued under

the antenna site management project shall be deposited into the

antenna site management revolving fund created for this purpose in

the department of information technology. The department may

receive and expend funds from the fund for costs associated with

the antenna site management project, including the cost of the

third-party site manager. Any excess revenue remaining in the fund

at the close of the fiscal year shall be proportionately

transferred to the appropriate state restricted funds as designated

in statute or by constitution.

(2) An antenna shall not be sited pursuant to this section

without prior compliance with the respective local zoning codes and

local unit of government processes.

Sec. 1302. (1) A site preparation economic development fund is

hereby created in the department of management and budget. As used

in this section, "economic development sites" means those state-

owned sites declared as surplus property pursuant to section 251 of

the management and budget act, 1984 PA 431, MCL 18.1251, that would

provide economic benefit to the area or to the state. The Michigan

economic development corporation board and the state budget

director shall determine whether or not a specific state-owned site

qualifies for inclusion in the fund created under this subsection.

(2) Proceeds from the sale of any sites designated in

subsection (1) shall be deposited into the fund created in

subsection (1) and shall be available for site preparation

expenditures, unless otherwise provided by law. The economic

development sites authorized in subsection (1) are hereby

authorized for sale consistent with state law. Expenditures from

the fund are hereby authorized for site preparation activities that

enhance the marketable sale value of the sites. Site preparation

activities include, but are not limited to, demolition,

environmental studies and abatement, utility enhancement, and site

excavation.

Senate Bill No. 1081 as amended December 7, 2006

(3) A cash advance in an amount of not more than

$25,000,000.00 is hereby authorized from the general fund to the

site preparation economic development fund.

(4) An annual report shall be transmitted to the senate and

house of representatives appropriations committees not later than

December 31 of each year. This report shall detail both of the

following:

(a) The revenue and expenditure activity in the fund for the

preceding fiscal year.

(b) The sites identified as economic development sites under

subsection (1).

Sec. 1304. It is the intent of the legislature to authorize

regional economic development projects that promote job creation

and increased economic activity. All projects must be submitted to

the department of management and budget for review and subsequent

approval by the senate and house of representatives standing

committees on appropriations. It is the intent of the legislature

to fund these projects through the state building authority with

the state share not to exceed 75% of the individual project costs.

The total state building authority share for all projects shall not

exceed $50,000,000.00.

Sec. 1305. For fiscal year 2006-2007 only, $200,000.00 is

appropriated and transferred from the Mackinac Island State Park

operations fees fund to the Mackinac Island State Park commission,

historic projects division, revenue bond fund for infrastructure

improvements.