SB-1086, As Passed Senate, March 29, 2006
SUBSTITUTE FOR
SENATE BILL NO. 1086
A bill to make appropriations for the department of
environmental quality for the fiscal year ending September 30,
2007; to provide for the expenditure of those appropriations; to
create certain funds and accounts; to require certain reports; to
prescribe the powers and duties of certain state agencies and
officials; to authorize certain transfers by certain state
agencies; and to provide for the disposition of fees and other
income received by the various state agencies.
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 the department of
environmental quality 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:
DEPARTMENT OF ENVIRONMENTAL QUALITY
APPROPRIATION SUMMARY:
Full-time equated unclassified positions ......... 6.0
Full-time equated classified positions........ 1,561.7
GROSS APPROPRIATION.................................... $ 372,128,500
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 18,233,600
ADJUSTED GROSS APPROPRIATION........................... $ 353,894,900
Federal revenues:
Total federal revenues................................. 140,338,500
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 450,000
Total other state restricted revenues.................. 180,212,000
State general fund/general purpose..................... $ 32,894,400
FUND SOURCE SUMMARY:
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,561.7
GROSS APPROPRIATION.................................... $ 372,128,500
Interdepartmental grant revenues:
IDG-MDCH, local public health operations............... 10,472,500
IDG-MDSP............................................... 719,800
IDG, Michigan transportation fund...................... 1,020,800
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 3,967,100
Total interdepartmental grants and intradepartmental
transfers............................................ 18,233,600
ADJUSTED GROSS APPROPRIATION........................... $ 353,894,900
Federal revenues:
DHHS, federal.......................................... 6,100
DHS, federal........................................... 1,522,700
DOC-NOAA, federal...................................... 3,577,000
DOD, federal........................................... 1,091,800
DOI, federal........................................... 584,500
EPA, brownfield cleanup revolving loan fund............ 1,000,000
EPA, multiple.......................................... 132,556,400
Total federal revenues................................. 140,338,500
Special revenue funds:
Private funds.......................................... 450,000
Total private revenues................................. 450,000
Aboveground storage tank fees.......................... 824,000
Air emissions fees..................................... 13,550,500
Aquifer protection revolving fund...................... 400,000
Campground fund........................................ 248,500
Clean Michigan initiative - administration............. 1,295,600
Clean Michigan initiative - clean water fund........... 3,276,900
Cleanup and redevelopment fund......................... 12,774,600
Community pollution prevention fund.................... 250,000
Environmental education fund........................... 206,700
Environmental pollution prevention fund................ 2,028,700
Environmental protection fund.......................... 5,566,000
Environmental response fund............................ 11,419,100
Fees and collections................................... 583,800
Financial instruments.................................. 5,000,000
Great Lakes protection fund............................ 2,563,200
Groundwater discharge permit fees...................... 2,033,900
Hazardous materials transportation permit fund......... 226,600
Laboratory data quality recognition fund............... 15,700
Land and water permit fees............................. 2,586,700
Landfill maintenance trust fund........................ 54,000
Medical waste emergency response fund.................. 250,900
Metallic mining surveillance fee revenue............... 91,000
Mineral well regulatory fee revenue.................... 238,000
Nonferrous metallic mineral surveillance............... 210,500
NPDES fees............................................. 3,563,800
Oil and gas regulatory fund............................ 10,043,000
Orphan well fund....................................... 2,041,200
Public swimming pool fund.............................. 556,500
Public utility assessments............................. 814,600
Public water supply fees............................... 4,694,500
Publication revenue.................................... 116,400
Refined petroleum fund................................. 34,729,300
Retired engineers technical assistance fund............ 1,500,600
Revolving loan revenue bonds........................... 11,400,000
Saginaw Bay and River restoration revenue.............. 169,900
Sand extraction fee revenue............................ 196,300
Scrap tire regulatory fund............................. 6,005,300
Septage waste contingency fund......................... 36,600
Septage waste license fees............................. 1,835,800
Settlement funds....................................... 3,080,300
Sewage sludge land application fee..................... 862,600
Small business pollution prevention revolving loan
fund................................................. 104,000
Soil erosion and sedimentation control training fund... 111,400
Solid waste program fees............................... 4,524,800
Stormwater permit fees................................. 2,942,800
Strategic water quality initiatives fund............... 10,015,300
Underground storage tank fees.......................... 3,485,000
Waste reduction fee revenue............................ 4,722,000
Wastewater operator training fees...................... 181,300
Water analysis fees.................................... 3,497,900
Water pollution control revolving fund................. 3,119,100
Water quality protection fund.......................... 25,000
Water use reporting fees............................... 141,800
Total other state restricted revenues.................. 180,212,000
State general fund/general purpose..................... $ 32,894,400
Sec. 102. EXECUTIVE OPERATIONS AND DEPARTMENT SUPPORT
Full-time equated unclassified positions ......... 6.0
Full-time equated classified positions........... 78.0
Unclassified salaries--6.0 FTE positions............... $ 482,600
Administrative hearings................................ 422,600
Automated data processing.............................. 2,053,400
Central operations--62.0 FTE positions................. 6,660,400
Environmental support projects......................... 5,000,000
Executive direction--9.0 FTE positions................. 2,171,600
Human resource optimization user charges............... 96,000
Office of the Great Lakes--7.0 FTE positions........... 973,700
Building occupancy charges............................. 7,910,000
Rent - privately owned property........................ 2,066,900
GROSS APPROPRIATION ................................... 27,837,200
Appropriated from:
Interdepartmental grant revenues:
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 499,900
Federal revenues:
DOI, federal........................................... 155,400
EPA, multiple.......................................... 268,600
Special revenue funds:
Aboveground storage tank fees.......................... 90,300
Air emissions fees..................................... 853,800
Campground fund........................................ 17,800
Clean Michigan initiative - administration............. 183,900
Cleanup and redevelopment fund......................... 1,368,400
Environmental education fund........................... 206,700
Environmental pollution prevention fund................ 63,000
Environmental protection fund.......................... 51,600
Environmental response fund............................ 1,254,700
Fees and collections................................... 50,400
Financial instruments.................................. 5,000,000
Great Lakes protection fund............................ 563,200
Groundwater discharge permit fees...................... 121,600
Hazardous materials transportation permit fund......... 15,400
Land and water permit fees............................. 112,500
Medical waste emergency response fund.................. 20,500
NPDES fees............................................. 325,500
Oil and gas regulatory fund............................ 1,646,700
Public swimming pool fund.............................. 31,200
Public utility assessments............................. 32,800
Public water supply fees............................... 548,800
Refined petroleum fund................................. 4,457,200
Retired engineers technical assistance fund............ 26,300
Scrap tire regulatory fund............................. 124,500
Settlement funds....................................... 882,900
Sewage sludge land application fee..................... 38,900
Solid waste program fees............................... 141,300
Stormwater permit fees................................. 222,000
Underground storage tank fees.......................... 278,600
Waste reduction fee revenue............................ 264,700
Wastewater operator training fees...................... 13,200
Water analysis fees.................................... 124,500
Water use reporting fees............................... 8,400
State general fund/general purpose..................... $ 5,718,600
Sec. 103. AIR QUALITY
Full-time equated classified positions.......... 241.5
Air quality programs--241.5 FTE positions.............. $ 23,998,500
GROSS APPROPRIATION.................................... $ 23,998,500
Appropriated from:
Federal revenues:
EPA, multiple.......................................... 5,758,900
Special revenue funds:
Air emissions fees..................................... 11,459,100
Environmental response fund............................ 102,400
Fees and collections................................... 393,600
Oil and gas regulatory fund............................ 103,600
Refined petroleum fund................................. 2,747,500
State general fund/general purpose..................... $ 3,433,400
Sec. 104. ENVIRONMENTAL SCIENCE AND SERVICES
Full-time equated classified positions.......... 184.0
Program services and grant management--27.5 FTE
positions............................................ $ 3,352,700
Laboratory services--68.0 FTE positions................ 6,609,600
Municipal assistance--35.5 FTE positions............... 5,227,800
Pollution prevention and technical assistance--53.0
FTE positions........................................ 5,110,800
Pollution prevention outreach.......................... 300,000
Retired engineers technical assistance program......... 1474300
Revitalization revolving loan program.................. 1,000,000
GROSS APPROPRIATION.................................... $ 23,075,200
Appropriated from:
Interdepartmental grant revenues:
IDT, laboratory services............................... 3,467,200
Federal revenues:
DOC-NOAA, federal...................................... 343,600
EPA, brownfield cleanup revolving loan fund............ 1,000,000
EPA, multiple.......................................... 3,344,000
Special revenue funds:
Private funds.......................................... 300,000
Air emissions fees..................................... 738,700
Clean Michigan initiative - administration............. 169,600
Environmental protection fund.......................... 66,600
Environmental response fund............................ 644,800
Laboratory data quality recognition fund............... 15,700
Public water supply fees............................... 244,200
Retired engineers technical assistance fund............ 1,474,300
Settlement funds....................................... 227,400
Small business pollution prevention revolving loan
fund................................................. 104,000
Stormwater permit fees................................. 93,200
Strategic water quality initiatives fund............... 215,300
Waste reduction fee revenue............................ 4,169,700
Wastewater operator training fees...................... 168,100
Water analysis fees.................................... 3,214,100
Water pollution control revolving fund................. 2,333,100
State general fund/general purpose..................... $ 741,600
Sec. 105. OFFICE OF GEOLOGICAL SURVEY
Full-time equated classified positions........... 68.0
Coal and sand dune management--3.0 FTE positions....... $ 619,600
Metallic mine reclamation--1.0 FTE position............ 91,000
Mineral wells management--3.0 FTE positions............ 241,700
Nonferrous metallic mining--2.0 FTE positions.......... 206,800
Orphan well--2.0 FTE positions......................... 2,041,200
Services to oil and gas--57.0 FTE positions............ 7,243,500
GROSS APPROPRIATION.................................... $ 10,443,800
Appropriated from:
Federal revenues:
DOI, federal........................................... 423,300
Special revenue funds:
Metallic mining surveillance fee revenue............... 91,000
Mineral well regulatory fee revenue.................... 238,000
Nonferrous metallic mineral surveillance............... 210,500
Oil and gas regulatory fund............................ 7,127,100
Orphan well fund....................................... 2,041,200
Publication revenue.................................... 116,400
Sand extraction fee revenue............................ 196,300
State general fund/general purpose..................... $ 0
Sec. 106. LAND AND WATER MANAGEMENT
Full-time equated classified positions.......... 129.0
Program direction--8.0 FTE positions................... $ 904,500
Field permitting and project assistance--72.0 FTE
positions............................................ 7,221,000
Great Lakes shorelands--28.0 FTE positions............. 2,559,000
Water management--21.0 FTE positions................... 2,618,800
GROSS APPROPRIATION.................................... $ 13,303,300
Appropriated from:
Interdepartmental grant revenues:
IDG, Michigan transportation fund...................... 968,000
Federal revenues:
DHS, federal........................................... 966,400
DOC-NOAA, federal...................................... 1,450,100
EPA, multiple.......................................... 1,007,500
Special revenue funds:
Environmental protection fund.......................... 1,613,800
Land and water permit fees............................. 1,897,400
State general fund/general purpose..................... $ 5,400,100
Sec. 107. REMEDIATION AND REDEVELOPMENT
Full-time equated classified positions.......... 297.5
Contaminated site investigation, cleanup, and
revitalization--230.5 FTE positions.................. $ 22,471,700
Federal cleanup project management--67.0 FTE positions. 8,139,700
Emergency cleanup actions.............................. 4,000,000
Refined petroleum product cleanup program.............. 22,000,000
State cleanup 451...................................... 2,500,000
Superfund cleanup...................................... 4,000,000
GROSS APPROPRIATION.................................... $ 63,111,400
Appropriated from:
Federal revenues:
DHHS, federal.......................................... 6,100
DOD, federal........................................... 1,081,900
EPA, multiple.......................................... 8,403,500
Special revenue funds:
Private funds.......................................... 150,000
Clean Michigan initiative - administration............. 351,600
Cleanup and redevelopment fund......................... 10,657,300
Environmental protection fund.......................... 3,834,000
Environmental response fund............................ 8,609,900
Landfill maintenance trust fund........................ 54,000
Refined petroleum fund................................. 26,600,700
Settlement funds....................................... 1,458,400
State general fund/general purpose..................... $ 1,904,000
Sec. 108. WASTE AND HAZARDOUS MATERIALS
Full-time equated classified positions.......... 183.5
Aboveground storage tank program--8.0 FTE positions.... $ 733,700
Hazardous waste management program--61.0 FTE positions. 6,249,200
Low-level radioactive waste authority--2.0 FTE
positions............................................ 777,600
Medical waste program.................................. 230,400
Radiological protection program--16.5 FTE positions.... 1,383,600
Scrap tire regulatory program--11.0 FTE positions...... 1,021,800
Solid waste management program--50.0 FTE positions..... 4,393,800
Underground storage tank program--35.0 FTE positions... 3,288,900
GROSS APPROPRIATION.................................... $ 18,079,000
Appropriated from:
Interdepartmental grant revenues:
IDG-MDSP............................................... 719,800
Federal revenues:
EPA, multiple.......................................... 3,875,800
Special revenue funds:
Aboveground storage tank fees.......................... 733,700
Environmental pollution prevention fund................ 1,965,700
Hazardous materials transportation permit fund......... 211,200
Medical waste emergency response fund.................. 230,400
Public utility assessments............................. 777,600
Scrap tire regulatory fund............................. 1,021,800
Solid waste program fees............................... 4,322,000
Underground storage tank fees.......................... 3,028,200
Waste reduction fee revenue............................ 71,800
State general fund/general purpose..................... $ 1,121,000
Sec. 109. WATER
Full-time equated classified positions.......... 358.2
Aquifer protection program............................. $ 350,000
Aquifer protection and dispute resolution - IDG to
Michigan department of agriculture................... 50,000
Drinking water and environmental health--114.2 FTE
positions............................................ 15,858,100
Fish contaminant monitoring............................ 316,100
Groundwater discharge--22.0 FTE positions.............. 2,048,300
NPDES nonstormwater program--121.4 FTE positions....... 10,578,900
Sewage sludge land application program--6.5 FTE
positions............................................ 823,700
Surface water--94.1 FTE positions...................... 15,083,900
GROSS APPROPRIATION.................................... $ 45,109,000
Appropriated from:
Federal revenues:
EPA, multiple.......................................... 19,030,200
Special revenue funds:
Aquifer protection revolving fund...................... 400,000
Campground fund........................................ 230,700
Clean Michigan initiative - administration............. 590,500
Clean Michigan initiative - clean water fund........... 3,276,900
Environmental response fund............................ 162,400
Fees and collections................................... 139,800
Groundwater discharge permit fees...................... 1,912,300
Land and water permit fees............................. 467,400
NPDES fees............................................. 3,238,300
Public swimming pool fund.............................. 525,300
Public water supply fees............................... 2,229,600
Refined petroleum fund................................. 840,200
Saginaw Bay and River restoration revenue.............. 169,900
Septage waste contingency fund......................... 36,600
Septage waste license fees............................. 310,800
Sewage sludge land application fee..................... 823,700
Soil erosion and sedimentation control training fund... 111,400
Stormwater permit fees................................. 2,627,600
Water pollution control revolving fund................. 649,300
Water use reporting fees............................... 133,400
State general fund/general purpose..................... $ 7,202,700
Sec. 110. CRIMINAL INVESTIGATIONS
Full-time equated classified positions........... 22.0
Environmental investigations--22.0 FTE positions....... $ 2,504,600
GROSS APPROPRIATION.................................... $ 2,504,600
Appropriated from:
Federal revenues:
DHS, federal........................................... 539,000
EPA, multiple.......................................... 149,000
Special revenue funds:
Environmental response fund............................ 128,100
Oil and gas regulatory fund............................ 351,300
Scrap tire regulatory fund............................. 275,600
State general fund/general purpose..................... $ 1,061,600
Sec. 111. GRANTS
Coastal management grants.............................. $ 2,000,000
Federal - Great Lakes remedial action plan grants...... 700,000
Federal - nonpoint source water pollution grants....... 6,500,000
Grants to counties--air pollution...................... 83,700
Radon grants........................................... 90,000
Water pollution control and drinking water revolving
fund................................................. 106,979,900
Drinking water revolving fund implementation........... 1,330,000
Great Lakes research and protection grants............. 2,000,000
Local health department operations..................... 10,472,500
Noncommunity water grants.............................. 1,400,000
Pollution prevention local grants...................... 250,000
Septage waste compliance grants........................ 1,525,000
Scrap tire grants...................................... 4,500,000
Volunteer river, stream, and creek cleanup............. 25,000
GROSS APPROPRIATION.................................... $ 137,856,100
Appropriated from:
Interdepartmental grant revenues
IDG-MDCH, local public health operations............... 10,472,500
Federal revenues:
DOC-NOAA, federal...................................... 1,700,000
EPA, multiple.......................................... 88,920,000
Special revenue funds:
Community pollution prevention fund.................... 250,000
Great Lakes protection fund............................ 2,000,000
Public water supply fees............................... 1,400,000
Refined petroleum fund................................. 83,700
Revolving loan revenue bonds........................... 11,400,000
Scrap tire regulatory fund............................. 4,500,000
Septage waste license fees............................. 1,525,000
Strategic water quality initiatives fund............... 9,800,000
Water quality protection fund.......................... 25,000
State general fund/general purpose..................... $ 5,779,900
Sec. 112. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 6,810,400
GROSS APPROPRIATION.................................... $ 6,810,400
Appropriated from:
Interdepartmental grant revenues
IDG, Michigan transportation fund...................... 52,800
Federal revenues:
DHS, federal........................................... 17,300
DOC-NOAA, federal...................................... 83,300
DOD, federal........................................... 9,900
DOI, federal........................................... 5,800
EPA, multiple.......................................... 1,798,900
Special revenue funds:
Air emissions fees..................................... 498,900
Cleanup and redevelopment fund......................... 748,900
Environmental response fund............................ 516,800
Land and water permit fees............................. 109,400
Oil and gas regulatory fund............................ 814,300
Public utility assessments............................. 4,200
Public water supply fees............................... 271,900
Scrap tire regulatory fund............................. 83,400
Settlement funds....................................... 511,600
Solid waste program fees............................... 61,500
Underground storage tank fees.......................... 178,200
Waste reduction fee revenue............................ 215,800
Water analysis fees.................................... 159,300
Water pollution control revolving fund................. 136,700
State general fund/general purpose..................... $ 531,500
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 from state resources
under part 1 for fiscal year 2006-2007 is $213,106,400.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2006-2007 is $5,938,700.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF ENVIRONMENTAL QUALITY
WASTE AND HAZARDOUS MATERIALS
Radiological protection program....................... $ 25,000
GRANTS
Drinking water grants................................. $ 1,330,000
Grants to counties - air pollution..................... 83,700
Noncommunity water grants.............................. 1,400,000
Scrap tire grants...................................... 1,575,000
Septage waste compliance program....................... 1,525,000
TOTAL................................................. $ 5,938,700
Sec. 202. The appropriations authorized under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this act:
(a) "Department" means the department of environmental
quality.
(b) "DHHS" means the United States department of health and
human services.
(c) "DHS" means the United States department of homeland
security.
(d) "DOC" means the United States department of commerce.
(e) "DOC-NOAA" means the DOC national oceanic and atmospheric
administration.
(f) "DOD" means the United States department of defense.
(g) "DOI" means the United States department of interior.
(h) "EPA" means the United States environmental protection
agency.
(i) "FTE" means full-time equated.
(j) "IDG" means interdepartmental grant.
(k) "IDT" means intradepartmental transfer.
(l) "MDCH" means the Michigan department of community health.
(m) "MDSP" means the Michigan department of state police.
(n) "MI" means Michigan.
(o) "NPDES" means national pollutant discharge elimination
system.
Sec. 204. The department of civil service shall bill
departments and agencies at the end of the first fiscal quarter for
the 1% charge authorized by section 5 of article XI of the state
constitution of 1963. Payments shall be made for the total amount
of the billing by the end of the second fiscal quarter.
Sec. 205. (1) A hiring freeze is imposed on the state
classified civil service. State departments and agencies are
prohibited from hiring any new full-time state classified civil
service employees and prohibited from filling any vacant state
classified civil service positions. This hiring freeze does not
apply to internal transfers of classified employees from 1 position
to another within a department.
(2) The state budget director shall grant exceptions to the
hiring freeze described in subsection (1) when the state budget
director believes that the hiring freeze will result in rendering a
state department or agency unable to deliver basic services, cause
a loss of revenue to the state, result in the inability of the
state to receive federal funds, or would necessitate additional
expenditures that exceed any savings from maintaining a vacancy.
The state budget director shall report quarterly to the
chairpersons of the senate and house of representatives standing
committees on appropriations the number of exceptions to the hiring
freeze approved during the previous quarter and the reasons to
justify the exception.
Sec. 206. The department shall use the Internet to fulfill the
reporting requirements of this act. This 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.
Sec. 207. The departments and state agencies receiving
appropriations under this act shall receive and retain copies of
all reports funded from appropriations in part 1. These departments
and state agencies shall follow federal and state guidelines for
short-term and long-term retention of these reports. To the extent
consistent with federal and state guidelines, the requirements of
this section are satisfied if the reports funded from
appropriations in part 1 are retained in electronic format.
Sec. 208. By February 15, 2007, the department shall provide
the state budget director, the subcommittees on environmental
quality of the senate and house appropriations committees, and the
senate and house fiscal agencies with an annual report on
restricted fund balances, projected revenues, and expenditures for
the fiscal years ending September 30, 2006 and September 30, 2007.
Sec. 209. (1) From funds appropriated under part 1, the
department shall prepare a report that lists all of the following
regarding grant or loan or grant and loan programs administered by
the department for the fiscal year ending September 30, 2007:
(a) The name of each program.
(b) The goals of the program, the criteria, eligibility,
process, filing fees, nominating procedures, and deadlines for each
program.
(c) The maximum and minimum grant and loan available and
whether there is a match requirement for each program.
(d) The amount of any required match, and whether in-kind
contributions may be used as part or all of a required match.
(e) Information pertaining to the application process,
timeline for each program, and the contact people within the
department.
(f) The source of funds for each program, including the
citation of pertinent authorizing acts.
(g) Information regarding plans for the next fiscal year for
the phaseout, expansion, or changes for each program.
(h) A listing of all recipients of grants or loans awarded by
the department by type and amount of grant or loan.
(2) The reports required under this section shall be submitted
to the state budget office, the senate and house appropriations
committees, and senate and house fiscal agencies by January 1,
2007.
Sec. 210. The department shall notify the legislature and
shall provide a public meeting and public comment opportunity with
respect to any request received by the state of Michigan to divert
water from the Great Lakes pursuant to the water resources
development act of 1986, Public Law 99-662, 100 Stat. 4082.
Sec. 211. (1) The department shall report all of the following
information relative to allocations made from appropriations for
the environmental cleanup and redevelopment program, state cleanup,
emergency actions, superfund cleanup, the revitalization revolving
loan program, the brownfield grants and loans program, the leaking
underground storage tank cleanup program, the contaminated lake and
river sediments cleanup program, the refined petroleum product
cleanup program, and the environmental protection bond projects
under section 19508(7) of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.19508, to the state budget
director, the senate and house appropriations subcommittees on
environmental quality, and the senate and house fiscal agencies:
(a) The name and location of the site for which an allocation
is made.
(b) The nature of the problem encountered at the site.
(c) A brief description of how the problem will be resolved if
the allocation is made for a response activity.
(d) The estimated date that site closure activities will be
completed.
(e) The amount of the allocation, or the anticipated financing
for the site.
(f) A summary of the sites and the total amount of funds
expended at the sites at the conclusion of the fiscal year.
(g) The number of sites that would qualify as brownfields that
were redeveloped.
(2) The report prepared under subsection (1) shall also
include all of the following:
(a) The status of all state-owned facilities that are on the
list compiled under part 201 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.20101 to
324.20142.
(b) The report shall include the total amount of funds
expended during the fiscal year and the total amount of funds
awaiting expenditure.
(c) The total amount of bonds issued for the environmental
protection bond program pursuant to part 193 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.19301 to 324.19306, and bonds issued pursuant to the clean
Michigan initiative act, 1998 PA 284, MCL 324.95101 to 324.95108.
(3) The report shall be made available by March 31 of each
year.
Sec. 212. (1) The department of environmental quality is
authorized to expend amounts remaining from the current and prior
fiscal year appropriations to meet funding needs of legislatively
approved sites for the environmental cleanup and redevelopment
program and the leaking underground storage tank cleanup program.
(2) Unexpended and unencumbered amounts remaining from
appropriations from the environmental protection bond fund
contained in 2003 PA 173, are appropriated for expenditure for any
site listed in this act and any site listed in the public acts
referenced in this section.
(3) Unexpended and unencumbered amounts remaining from
appropriations from the cleanup and redevelopment fund and
unclaimed bottle deposits fund contained in 2003 PA 171, 2003 PA
173, 2003 PA 237, and 2004 PA 350 are appropriated for expenditure
for any site listed in this act and any site listed in the public
acts referenced in this section.
(4) Unexpended and unencumbered amounts remaining from
appropriations from the clean Michigan initiative fund - response
activities contained in 2000 PA 52, 2001 PA 120, 2003 PA 173, 2003
PA 237, 2004 PA 309, 2004 PA 350, and 2005 PA 11 are appropriated
for expenditure for any site listed in this act and any site listed
in the public acts referenced in this section.
(5) Unexpended and unencumbered amounts remaining from
appropriations from the environmental protection fund contained in
2001 PA 43, 2002 PA 520, 2003 PA 171, and 2004 PA 350 are
appropriated for expenditure for any site listed in this act and
any site listed in the public acts referenced in this section.
(6) Unexpended and unencumbered amounts remaining from
appropriations from the refined petroleum fund activities contained
in 2005 PA 154 are appropriated for expenditure for any site listed
in this act and any site listed in the public acts referenced in
this section.
Sec. 213. Of the money appropriated from the environmental
education fund in part 1, $5,000.00 shall be allocated to Michigan
State University Extension Service - 4-H Youth Programs to fund the
Michigan Youth Conservation Council.
Sec. 214. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of information technology for technology-
related services and projects. These user fees shall be subject to
provisions of an interagency agreement between the department and
the department of information technology.
Sec. 215. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support department of environmental quality technology projects
under the direction of the department of information technology.
Funds designated in this manner are not available for expenditure
until approved as work projects under section 451a of the
management and budget act, 1984 PA 431, MCL 18.1451a.
Sec. 216. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2007 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the house and senate appropriations committees.
(3) Not later than January 1 of each year, each department
shall prepare a travel report listing all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the chairs and members of the house and senate
appropriations committees, the fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 217. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and comparable quality American goods or
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. 218. The department shall collaborate with the statewide
public advisory council, local advisory councils, the United States
environmental protection agency, and other appropriate federal
agencies, the department of natural resources, and other
appropriate parties to develop a long-term strategy to restore and
formally remove Michigan's Great Lakes areas of concern from the
federal listing. Among other information, the strategy should
include a list of cleanup, source control, monitoring, and
assessment activities eligible for funding under the federal Great
Lakes legacy act; their estimated cost; options for meeting any
nonfederal funding match requirements for these activities,
including recommendations for changes to existing appropriations
and program expenditures to qualify as matching funds for federal
grant programs; a description of the optimum staffing level for the
areas of concern program and available funding options; and a
description of the department's role in seeking the formal removal
of areas of concern, or specific beneficial use impairments, from
the federal list, including minimum cleanup goals for identified
impairments based on applicable state and federal regulatory
standards and the monitoring programs available for assessing
progress in achieving those goals. In addition, the department
shall strive to apply for an equitable share of federal funding and
technical assistance available to support the area of concern
program and strive to provide the funds needed to meet nonfederal
funding requirements.
Senate Bill No. 1086 as amended March 29, 2006
Sec. 219. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 220. The department shall annually report to the state
budget director, the senate and house appropriations committees,
and the senate and house fiscal agencies an accounting of all civil
and criminal fine revenue collected during the year.
Sec. 221. Unexpended settlement revenues at the end of the
fiscal year may be carried forward into the settlement fund in the
succeeding fiscal year up to a maximum carryforward of
$2,500,000.00.
<<Sec. 222. From the funds appropriated in part 1, the department
shall conduct a study and establish an ongoing effort to benchmark its
permitting, enforcement, and compliance efforts relative to the
performance of comparable states in the region. By December 31, 2007, the
department shall submit a report on the results of the benchmark study to
the state budget director, the senate and house appropriations
subcommittees on environmental quality, and the senate and house fiscal
agencies. The report shall include a description of the department’s
ongoing program to benchmark its permitting, enforcement, and compliance
efforts. Before adopting an initial benchmark study design, the
department will consult with the environmental advisory council, an
advisory body appointed by the director of the department that broadly
represents interests regulated by the department including, at a minimum,
representatives from the regulated community, local units of government,
and citizen organizations. The department will adopt a study design by
October 1, 2006. In order to complete the report, the department shall
Senate Bill No. 1086 as amended March 29, 2006
select and contract with the person or entity to perform the study
according to the established state bidding process and procurement
procedures, with the contract in place by January 31, 2007.
>>
Sec. 223. It is the intent of the legislature that, on or
before January 1, 2007, the department renew the joint agreement,
which was initially signed in January 2002, of the United States
environmental protection agency and the state to pursue regulatory
innovation. It is the intent that the agreement be renewed in a
substantially similar form to uphold the principal tenants of the
agreement, including, but not limited to, helping farms and farm
operations voluntarily prevent or minimize agricultural pollution
risks.
Sec 224. By October 15, 2006, the department shall provide to
the senate and house appropriations subcommittees on environmental
quality and the senate and house fiscal agencies a list of general
fund/general purpose budget cuts sufficient to reduce department
general fund/general purpose spending by 7.93% in fiscal year 2006-
2007 if the K-16 ballot initiative is adopted by the voters of this
state.
Sec. 225. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities and Baldwin
in Lake County compete for and perform contracts to provide
services or supplies, or both. The director shall strongly
encourage firms with which the department contracts to subcontract
with certified businesses in depressed and deprived communities for
services, supplies, or both.
Senate Bill No. 1086 as amended March 29, 2006
>>
AIR QUALITY
Sec. 401. The department shall report quarterly, via the
department's Internet website, on air quality program expenditures
and revenues. The report shall include expenditures and revenues by
fund source and by program function.
ENVIRONMENTAL SCIENCE AND SERVICES
Sec. 501. By July 1, 2007, the department shall prepare and
submit a report to the state budget director, the legislature, the
chairs of the standing committees of the senate and house of
representatives with primary responsibility for issues related to
natural resources and the environment, and the chairs of the
subcommittees of the senate and house appropriations committees
with primary responsibility for appropriations for the department
of environmental quality, outlining the implementation of the Great
Lakes water quality bond provided for in part 197 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.19701 to 324.19708, including, but not limited to, the amount
of bonds issued and the date they were issued, the number of
applications received for loans from the state water pollution
Senate Bill No. 1086 as amended March 29, 2006
control revolving fund created in section 16a of the shared credit
rating act, 1985 PA 227, MCL 141.1066a, the total amount of loans
requested, a listing of the applicants receiving loans and the
total amount of loans provided to those applicants, a listing of
applicants whose loan applications were not approved and the
reasons why those applications were not approved, the amount of the
loans granted that were leveraged from bond proceeds, and the
remaining bond proceeds and bond authorization.
Sec. 502. Revenues remaining in the interdepartmental
transfers, laboratory services at the end of the fiscal year shall
carry forward into the succeeding fiscal year.
<<Sec. 503. From the funds appropriated in part 1, the department,
in cooperation with the department of agriculture, shall publish by
September 30, 2007 an environmental regulatory compliance guide for the
fruit and vegetable processing sector. This guide will cross-reference
the updated 2006 edition of the "Michigan Manufacturers Guide to
Environmental, Health and Safety Regulations". The department will
develop
by April 30, 2007 a plan and schedule to develop compliance guides for
other small business categories. The guides shall provide information to
assist small businesses in complying with state environmental regulatory
requirements and shall explain in plain language the actions a small business in each sector is required to take to comply with state regulatory requirements, including how to obtain necessary permits.>>
LAND AND WATER MANAGEMENT
Sec. 601. The department may waive permit fees for nonprofit
organizations conducting approved stream habitat improvement
projects.
REMEDIATION AND REDEVELOPMENT
Sec. 701. The unexpended funds appropriated in part 1 for
emergency cleanup actions and the refined petroleum product cleanup
program are considered work project appropriations and any
unencumbered or unallotted funds are carried forward into the
succeeding fiscal year. The following is in compliance with section
451a(1) of the management and budget act, 1984 PA 431, MCL
18.1451a:
(a) The purpose of the projects to be carried forward is to
provide contaminated site cleanup.
(b) The projects will be accomplished by contract.
(c) The total estimated cost of all projects is identified in
each line-item appropriation.
(d) The tentative completion date is September 30, 2011.
Sec. 702. From funds appropriated in part 1 for activities
related to cleanup sites under part 201 of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.20101 to
324.20142, the department shall incorporate into remedial action
plans area-wide or site-specific cleanup criteria derived from
peer-reviewed risk assessment based on bioavailability studies,
site-specific human exposure data, and any other scientifically
based risk assessment studies that are available and relevant.
WASTE AND HAZARDOUS MATERIALS
Sec. 801. The department shall notify the members of the
senate and house of representatives of the appropriate district at
least 48 hours in advance of a departmental order which suspends or
red tags any wholesale or retail sale of petroleum products. If
Senate Bill No. 1086 as amended March 29, 2006
imminent public health and safety concerns require action on a
department order in less than 48 hours, the department shall notify
the appropriate members of the senate and house of representatives
of the department order within 48 hours after the action is
completed.
<<Sec. 802. It is the intent of the legislature that the recommendations of the site review board, as established in section 11117 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11117, are the final approval for each site construction permit application that is referred to the board by the department.>>
WATER
Sec. 901. By February 1, 2007, the department shall submit a
report on the department's use of the national pollutant discharge
elimination system fund created in MCL 324.3121 for the previous
fiscal year, to the senate and house appropriations subcommittees
on environmental quality, the standing committees of the
legislature with jurisdiction over issues primarily related to
natural resources and the environment, and the senate and house
fiscal agencies. The report shall include a summary of how the
appropriations in part 1 for NPDES nonstormwater program were used
for the various permissible uses of the fund and shall include
specific information on all of the following:
(a) The number of compliance and complaint inspections
completed, by category, the number of on-site compliance
inspections conducted, and the number of compliance inspections
that were not announced in advance to the permittee or licensee.
(b) The number and percent of permit and license inspections
that were found to be in significant noncompliance, by category.
(c) The number of administrative enforcement actions taken for
permit or license violations and the results of the enforcement
actions, including the amount of fines and penalties collected.
(d) The number of judicial enforcement actions taken for
permit or license violations and the results of the enforcement
actions, including the amount of fines and penalties collected.
(e) A listing of the supplemental environmental projects
agreed to as a result of a consent agreement including all of the
following: the case name, the monetary value of the supplemental
environmental project, and a description of the project.
Sec. 902. Of the funds appropriated in part 1 for safe
drinking water assistance activities under part 54 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.5401 to 324.5418, the department shall allocate the full 2%
available for technical assistance under 42 USC 300j-12.
GRANTS
Sec. 1001. If a certified health department does not exist in
a city, county, or district or does not fulfill its
responsibilities under part 117 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.11701 to
324.11720, then the department may spend funds appropriated in part
1 under the septage waste compliance program in accordance with
section 11716 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.11716.
Sec. 1002. Of the funds appropriated in part 1 for scrap tire
grants, $100,000.00 shall be available for grants to communities to
cover scrap tire fire suppression costs, provided owner liability
bonds and other available funding sources have been exhausted.