SENATE BILL No. 1081

 

 

February 28, 2006, Introduced by Senators PRUSI and EMERSON and referred to the Committee on Appropriations.

 

 

 

     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 provide for certain advances from the

 

general fund; to prescribe powers and duties of certain state


 

officers and agencies; to require certain reports, plans, and

 

agreements; to provide for leases; to prescribe standards and

 

conditions relating to the appropriations; to make appropriations

 

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

 

the 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 bill,

 

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

 

APPROPRIATIONS SUMMARY:

 

GROSS APPROPRIATION.................................... $    215,975,100

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and ... intradepartmental

 

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

 

ADJUSTED GROSS APPROPRIATION........................... $    213,975,100

 

   Federal revenues:

 

Total federal revenues ................................       147,974,300

 

   Special revenue funds:

 

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

 

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

 

Total state restricted revenues........................        53,350,300


 

State general fund/general purpose .................... $          2,200

 

   Sec. 102.  DEPARTMENT OF AGRICULTURE

 

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

 

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

 

    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

 

Major special maintenance, remodeling and addition

 

   for state agencies................................... $       2,000,000

 

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

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

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

 

   Special revenue funds:

 

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

 

   Sec. 104.  STATE AGENCY, COMMUNITY COLLEGE, AND UNIVERSITY

 

PLANNING PROJECTS

 

Eastern Michigan University – Pray-Harrold addition

 

   and modernization – for program and planning to

 

   be paid for from university resources................ $            100

 

Lake Superior State University – south hall

 

   reconstruction – for program and planning to

 

   be paid for from university resources................               100


 

Northern Michigan University – Cohodas building

 

   adaptive re-use – for program and planning to

 

   be paid for from university resources................               100

 

Oakland University – engineering center – for

 

   program and planning to be paid for from

 

   university resources.................................               100

 

University of Michigan Dearborn – teacher preparation

 

   facility/child development center – for

 

   program and planning to be paid for from

 

   university resources.................................               100

 

Delta College – health and wellness center – for

 

   program and planning to be paid for from college

 

   resources............................................               100

 

Grand Rapids Community College – lifelong learning

 

   center – for program and planning to be paid for

 

   from college resources...............................               100

 

Henry Ford Community College – instructional technology

 

   and infrastructure – for program and planning to

 

   be paid for from college resources...................               100

 

Kalamazoo Community CollegeTexas township campus

 

   expansion – for program and planning to be paid for

 

   from college resources...............................               100

 

Kellogg Community College – classroom C building

 

   renovations - for program and planning to be paid for

 

   from college resources...............................               100

 

Lake Michigan College – emerging technologies

 

   initiative - for program and planning to be paid for


 

   from college resources...............................               100

 

Monroe Community College – classroom technology and

 

   environmental renovations – for program and planning

 

   to be paid for from college resources................               100

 

Mott Community College – library consolidation and

 

   renovations - for program and planning

 

   to be paid for from college resources................               100

 

Muskegon Community College – museum/art project – for

 

   program and planning to be paid

 

   for from college resources...........................               100

 

North Central Michigan College – university and

 

   science center – for program and planning to be

 

   paid for from college resources......................               100

 

Oakland Community College – building A additions/

 

   renovations – for program and planning to be paid

 

   for from college resources...........................               100

 

St. Clair County Community College – center for health

 

   and human services - for program and planning to be paid

 

   for from college resources...........................               100

 

Wayne County Community College – northwest campus

 

   replacement - for program and planning to be paid

 

   for from college resources...........................               100

 

Regional economic development initiative – for program

 

   and planning to be paid for from state and local

 

   resources............................................               100

 

GROSS APPROPRIATION.................................... $          1,900

 

    Appropriated from:


 

   Special revenue funds:

 

State general fund/general purpose .................... $          1,900

 

   Sec. 105.  STATE BUILDING AUTHORITY FINANCED CONSTRUCTION

 

PROJECTS

 

Kirtland Community College – campus water well system

 

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

 

   building authority share $502,400; Kirtland Community

 

   College share $502,500; state general fund

 

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

 

Department of management and budget – state facility

 

   preservation projects – phase III (total authorized

 

   cost $50,000,000; state building authority share

 

   $49,999,900; 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

 

GROSS APPROPRIATION.................................... $            300

 

    Appropriated from:

 

   Special revenue funds:

 

State general fund/general purpose .................... $            300

 

   Sec. 106.  DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

 

For department of military and veterans affairs

 

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

 

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

 

    Appropriated from

 

   Federal revenues:


 

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

 

   Special revenue funds:

 

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:

 

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

 

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

 

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

 

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

 

   (2) WILDLIFE AREAS

 

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 acquisitions......................................         1,330,000

 

   Boating program, state boating access sites:

 

Walloon Lake, Charlevoix County, new site construction -


 

   phase I (total authorized cost $510,000; state

 

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

 

Boating program, state harbors and docks:

 

Mackinaw City, Cheboygan County, new marina, state

 

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

 

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

 

Mitchell state park, Wexford County, seawall and

 

   walkway improvements (total authorized cost $463,000;

 

   federal share $160,000; state share $303,000)........           303,000

 

DeTour, Chippewa County, floating dock repair, 

 

   replacement and improvements (total authorized

 

   cost $4,000,000; federal share $3,000,000; state

 

   share $1,000,000)....................................         4,000,000

 

Boating program, local boating access sites:

 

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 authorized 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, local harbors and docks:


 

Leland, Leelanau County, marina rehabilitation and

 

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

 

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

 

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

 

    Appropriated from:

 

   Federal revenues:

 

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

 

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

 

   Special revenue funds:

 

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

 

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

 

   Sec. 108. DEPARTMENT OF TRANSPORTATION

 

   (1) 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

 

Construct maintenance garage washbays – various state

 

   locations............................................           563,300

 

Detroit, Wayne County, Rosa L. Parks integrated

 

   transportation campus, construction cost increase/

 

   scope change (original total authorized cost in

 

   1999 PA 265 and 2003 PA 193 is increased from

 

   $4,300,000 to $17,487,000; comprehensive transportation

 

   fund bond proceeds is increased from $0 to $3,500,000;

 

   state trunkline fund share is increased from $4,300,000

 

   to $13,987,000)......................................        13,187,000


 

Oakland County, transportation service center

 

   construction.........................................         2,500,000

 

Gladstone, Delta County, bituminous testing

 

   laboratory construction..............................           400,000

 

Bay City, Bay County, transportation service center

 

   addition.............................................           550,000

 

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

 

Miscellaneous special maintenance, remodeling, and

 

   additions............................................        1,000,000

 

GROSS APPROPRIATION.................................... $    $22,050,300

 

    Appropriated from:

 

   Special revenue funds:

 

Comprehensive transportation fund bond proceeds........         3,500,000

 

State trunkline fund ..................................        18,550,300

 

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

 

   (2) AIRPORT IMPROVEMENT PROGRAMS

 

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

 

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 from state resources

 

under part 1 for fiscal year 2006-2007 is $53,352,500.00 and state

 

spending from state resources paid to units of local government for

 

fiscal year 2006-2007 is $19,992,000.00.  The itemized statement

 

below identifies appropriations from which spending to units of

 

local government will occur:

 

CAPITAL OUTLAY

 

Department of agriculture - farmland and open space

 

   development acquisition.............................. $      1,250,000

 

Department of natural resources – waterways boating

 

   program.............................................. $      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 authorized under this bill are

 

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

 

to 18.1594.

 

    Sec. 203.  As used in this bill:

 

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

 

    (b)  "Community college" does not include a state agency or


 

university.

 

    (c) "Department" means the department of management and budget.

 

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

 

management and budget.

 

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

 

(f)       "DHS" means the United States department of homeland security.

 

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

 

agency does not include a community college or university.

 

    (o) "State building authority" means the authority created under

 

1964 PA 183, MCL 830.411 to 830.425.

 

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

 

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

 

agency.

 

     Sec. 204.  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 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. 205.  Unless otherwise specified, departments and

 

agencies shall use the Internet to fulfill the reporting

 

requirements of this bill.  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.

 

 

 

CAPITAL OUTLAY PROCESSES, PROCEDURES & REPORTS

 

     Sec. 401. Each capital outlay project authorized in this bill

 

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. 402.  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. 403. (1) Before proceeding with final planning and

 

construction for projects at community colleges and universities

 

included in an appropriations act, 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.

 

     (c) Any other items as identified by the department that are

 

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. 404.  (1) The department shall provide the JCOS, state

 

budget director 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 bill, or

 

by previous acts.

 

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

 

report to the 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.

 

     (c) The date of the last expenditure from the 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.

 

     (c) Whether schematics are approved by the department.

 

     (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. 405. (1) If a capital outlay appropriation is contained

 

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

 

legislative process, the director shall notify the 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

 

the JCOS.

 

     Sec. 406. A state agency, college, or university shall take

 

steps necessary to make available federal and other money indicated

 

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

 

become available for the purposes for which appropriations are made

 

in this bill, 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. 407.  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 the JCOS and the fiscal

 

agencies upon the release of the executive budget recommendation.

 

 

 

USE AND FINANCE STATEMENTS

 

     Sec. 501. (1) A university or community college shall not let

 

a contract for new construction of a nonstate-funded project


 

estimated to cost more than $1,000,000.00 unless the project is

 

authorized by the JCOS through approval of a use and financing

 

statement defined by a policy adopted by the JCOS.  The request for

 

legislative authorization shall be initially submitted for review

 

to the JCOS and the department.  The use and financing statement

 

for a nonstate-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 section, "new construction" includes land or property

 

acquisition, remodeling and additions, and maintenance projects. 

 

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

 

shall not receive state appropriations for purposes of operating

 

the project, or support for future infrastructure enhancements that

 

are necessitated, in part or in total, by construction of the

 

project.

 

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

 

affairs, shall not let 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 by the

 

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

 

policy adopted by the JCOS. For projects over $1,000,000.00, the

 

state agency shall submit a use and financing statement as required

 

for community colleges and universities in subsection (1). 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.

 

     (4) 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 let a contract

 

for new construction estimated to cost more than $1,000,000.00

 

unless the project is authorized by the JCOS through the approval

 

of a use and financing statement defined by a policy adopted by the

 

JCOS.  For purposes of this subsection, the use and financing

 

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. 601. (1) The director shall allocate lump-sum

 

appropriations made in this bill 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 3 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 the JCOS and the fiscal agencies indicating the

 

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

 

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

 

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

 

fiscal year.

 

     Sec. 602.  (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 is not

 

scheduled for session for 15 days or more.  In these situations,

 

the 30-day disapproval period begins on the first scheduled session

 

day.


 

     Sec. 603.  State agencies may expend not more than

 

$1,000,000.00 from their operating budget for special maintenance,

 

remodeling, additions, or other capital outlay purposes, unless

 

specifically approved by the JCOS.

 

     Sec. 604.  Any federal funds earned for department of military

 

and veterans affairs projects through the state facility

 

preservation program are hereby appropriated.

 

     Sec. 605.  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 re-appropriated for the fiscal year ending September 30,

 

2007 for maintenance and remodeling projects for the department of

 

corrections.

 

 

 

COLLEGES AND UNIVERSITIES

 

     Sec. 701. (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 bill.  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 bill 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

 

bill and has matched the amounts appropriated as required by this

 

bill.  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

 

bill 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 bill 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 bill 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 bill.

 

     Sec. 702.  If matching revenues are received in an amount less

 

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

 

the appropriation shall be reduced in proportion to the amount of

 

matching revenue received.

 

     Sec. 703.  (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 the JCOS of the intent to terminate the project unless the

 

JCOS convenes to extend the authorization.

 

 

 

DEPARTMENT OF MANAGEMENT AND BUDGET

 

     Sec. 801. (1) The department shall provide the JCOS, the

 

fiscal agencies and state budget director a report of privately

 

owned leased space by state agencies by September 30 of each year,

 

consisting of the following:

 

     (a) Department.

 

     (b) Agency division and leased number.

 

     (c) Building location (address and city).


 

     (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 NATURAL RESOURCES

 

     Sec. 901.  The appropriation made in this bill 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. 902. Before the end of each fiscal year, the department

 

of natural resources shall report each year to the 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 404.  The report

 

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

 

     (a) Waterways projects.

 

     (b) Urban recreation projects.

 

     (c) State park projects.

 

     (d) Wildlife and fisheries projects.

 

     (e) Other projects.

 

     Sec. 903.  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 bill.

 

 

 

STATE TRANSPORTATION DEPARTMENT

 

     Sec. 1001. (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 bill 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. 1002.  Before the end of each fiscal year, the state

 

transportation department shall report to the 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. 1003. (1) A planning project or construction project

 

appropriated for the airport program shall be made available for no

 

more than 3 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.

 

 

 

MISCELLANEOUS

 

     Sec. 1101. (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 a 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. 1102. (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.

 

     (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).