SB-1097, As Passed House, June 4, 2008
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 1097
A bill to make appropriations for the department of
environmental quality for the fiscal year ending September 30,
2009; 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,
2009, 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........ 1,513.7
GROSS APPROPRIATION.................................... $ 368,483,700
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 19,071,200
ADJUSTED GROSS APPROPRIATION........................... $ 349,412,500
Federal revenues:
Total federal revenues................................. 130,636,100
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 455,700
Total other state restricted revenues.................. 173,317,100
State general fund/general purpose..................... $ 45,003,600
FUND SOURCE SUMMARY:
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,513.7
GROSS APPROPRIATION.................................... $ 368,483,700
Interdepartmental grant revenues:
IDG-MDCH local public health operations................ 10,472,500
IDG-MDOT - Michigan transportation fund................ 1,247,900
IDG-MSP................................................ 883,200
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 4,414,200
Total interdepartmental grants and intradepartmental
transfers............................................ 19,071,200
ADJUSTED GROSS APPROPRIATION........................... $ 349,412,500
Federal revenues:
DHS, federal........................................... 3,293,800
DOC-NOAA, federal...................................... 3,779,400
DOD, federal........................................... 1,202,700
DOI, federal........................................... 595,300
EPA, multiple.......................................... 121,758,700
DHHS, federal.......................................... 6,200
Total federal revenues................................. 130,636,100
Special revenue funds:
Private funds.......................................... 455,700
Total private revenues................................. 455,700
Aboveground storage tank fees.......................... 363,200
Air emissions fees..................................... 9,344,200
Aquifer protection revolving fund...................... 400,000
Campground fund........................................ 238,900
Clean Michigan initiative fund - administration........ 120,100
Clean Michigan initiative fund - clean water fund...... 3,390,800
Clean Michigan initiative fund - response activities... 5,663,200
Cleanup and redevelopment fund......................... 12,428,500
Community pollution prevention fund.................... 250,000
Environmental pollution prevention fund................ 944,400
Environmental protection fund.......................... 3,919,300
Environmental response fund............................ 6,320,400
Fees and collections................................... 446,500
Financial instruments.................................. 5,000,000
Great Lakes protection fund............................ 1,605,800
Groundwater discharge permit fees...................... 1,120,200
Hazardous material transportation permit fund.......... 219,700
Infrastructure construction fund....................... 398,000
Laboratory data quality recognition fund............... 16,100
Land and water permit fees............................. 1,057,600
Landfill maintenance trust fund........................ 56,200
Medical waste emergency response fund.................. 240,900
Metallic mining surveillance fee revenue............... 94,200
Mineral well regulatory fee revenue.................... 172,500
Nonferrous metallic mineral surveillance............... 221,700
NPDES fees............................................. 3,378,100
Oil and gas regulatory fund............................ 7,860,300
Orphan well fund....................................... 2,053,100
Public swimming pool fund.............................. 544,300
Public utility assessments............................. 787,400
Public water supply fees............................... 3,962,900
Publication revenue.................................... 120,700
Refined petroleum fund................................. 30,724,700
Restricted funds....................................... 17,169,700
Retired engineers technical assistance fund............ 1,474,300
Revitalization revolving loan fund..................... 84,600
Revolving loan revenue bonds........................... 11,400,000
Saginaw Bay and River restoration revenue.............. 175,800
Sand extraction fee revenue............................ 198,600
Scrap tire regulatory fund............................. 5,852,000
Septage waste contingency fund......................... 38,000
Septage waste program fund............................. 722,000
Settlement funds....................................... 1,856,400
Sewage sludge land application fees.................... 855,400
Soil erosion and sedimentation control training fund... 115,400
Solid waste program fees............................... 4,014,400
Small business pollution prevention revolving loan
fund................................................. 108,200
Stormwater permit fees................................. 2,814,900
Strategic water quality initiatives fund............... 10,000,000
Underground storage tank fees.......................... 2,134,300
Waste reduction fee revenue............................ 3,909,900
Wastewater operator training fees...................... 172,800
Water analysis fees.................................... 3,328,400
Water pollution control revolving fund................. 3,081,000
Water quality protection fund.......................... 100,000
Water use reporting fees............................... 247,100
Total other state restricted revenues.................. 173,317,100
State general fund/general purpose..................... $ 45,003,600
Sec. 102. EXECUTIVE OPERATIONS AND DEPARTMENT
SUPPORT
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 83.0
Unclassified salaries--6.0 FTE positions............... $ 587,600
Administrative hearings................................ 446,400
Executive direction--18.0 FTE positions................ 2,316,800
Central operations--58.0 FTE positions................. 5,274,400
Office of the Great Lakes--7.0 FTE positions........... 1,053,500
Automated data processing.............................. 2,053,400
Environmental support projects......................... 5,000,000
Internal audit services................................ 228,500
Building occupancy charges............................. 7,116,600
Rent - privately owned property........................ 2,145,900
GROSS APPROPRIATION.................................... $ 26,223,100
Appropriated from:
Interdepartmental grant revenues:
IDG-MSP................................................ 112,300
IDG-MDOT - Michigan transportation fund................ 181,000
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 472,800
Federal revenues:
DOC-NOAA, federal...................................... 22,600
DOI, federal........................................... 160,900
EPA, multiple.......................................... 195,200
Special revenue funds:
Financial instruments.................................. 5,000,000
Great Lakes protection fund............................ 605,800
Restricted funds....................................... 11,963,500
Settlement funds....................................... 104,900
State general fund/general purpose..................... $ 5,350,700
Sec. 103. AIR QUALITY
Full-time equated classified positions.......... 236.5
Air quality programs--236.5 FTE positions.............. $ 26,100,600
GROSS APPROPRIATION.................................... $ 26,100,600
Appropriated from:
Federal revenues:
EPA, multiple.......................................... 4,492,700
DHS, federal........................................... 1,708,400
Special revenue funds:
Air emissions fees..................................... 8,952,900
Environmental response fund............................ 106,700
Fees and collections................................... 301,600
Oil and gas regulatory fund............................ 108,200
Refined petroleum fund................................. 2,864,800
State general fund/general purpose..................... $ 7,565,300
Sec. 104. ENVIRONMENTAL SCIENCE AND SERVICES
DIVISION
Full-time equated classified positions.......... 175.0
Laboratory services--60.0 FTE positions................ $ 7,045,800
Municipal assistance--37.0 FTE positions............... 5,325,300
Pollution prevention outreach programs................. 300,000
Pollution prevention and technical assistance--48.0
FTE positions........................................ 5,019,000
Program services and grant management--30.0 FTE
positions............................................ 4,002,000
Retired engineers technical assistance program......... 1,474,300
GROSS APPROPRIATION.................................... $ 23,166,400
Appropriated from:
Interdepartmental grant revenues:
IDT, laboratory services............................... 3,790,500
Federal revenues:
DOC-NOAA, federal...................................... 454,800
EPA, multiple.......................................... 3,445,800
Special revenue funds:
Private funds.......................................... 300,000
Air emissions fees..................................... 391,300
Environmental protection fund.......................... 68,900
Environmental response fund............................ 665,100
Laboratory data quality recognition fund............... 16,100
Public water supply fees............................... 253,000
Revitalization revolving loan fund..................... 84,600
Retired engineers technical assistance fund............ 1,474,300
Settlement revenue..................................... 235,200
Small business pollution prevention revolving loan
fund................................................. 108,200
Stormwater permit fees................................. 95,900
Strategic water quality initiatives fund............... 400,000
Waste reduction fee revenue............................ 3,835,000
Wastewater operator training fees...................... 172,800
Water analysis fees.................................... 3,328,400
Water pollution control revolving fund................. 2,409,100
State general fund/general purpose..................... $ 1,637,400
Sec. 105. OFFICE OF GEOLOGICAL SURVEY
Full-time equated classified positions........... 67.0
Coal and sand dune management--2.0 FTE positions....... $ 627,000
Metallic mining reclamation program--1.0 FTE positions. 94,200
Mineral wells management--2.0 FTE positions............ 247,500
Nonferrous metallic mining--2.0 FTE positions.......... 221,700
Services to oil and gas programs--58.0 FTE positions... 7,509,500
Well plugging - orphan wells--2.0 FTE positions........ 2,053,100
GROSS APPROPRIATION.................................... $ 10,753,000
Appropriated from:
Federal revenues:
DOI, federal........................................... 428,400
Special revenue funds:
Metallic mining surveillance fee revenue............... 94,200
Mineral well regulatory fee revenue.................... 172,500
Nonferrous metallic mineral surveillance............... 221,700
Oil and gas regulatory fund............................ 7,388,800
Orphan well fund....................................... 2,053,100
Publication revenue.................................... 120,700
Sand extraction fee revenue............................ 198,600
State general fund/general purpose..................... $ 75,000
Sec. 106. LAND AND WATER MANAGEMENT
Full-time equated classified positions.......... 121.0
Program direction--6.0 FTE positions................... $ 944,300
Field permitting and project assistance--72.0 FTE
positions............................................ 7,552,200
Great Lakes shorelands--24.0 FTE positions............. 2,673,600
Water management--19.0 FTE positions................... 2,703,600
GROSS APPROPRIATION.................................... $ 13,873,700
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT - Michigan transportation fund........... 1,012,300
Federal revenues:
DHS, federal........................................... 1,003,500
DOC-NOAA, federal...................................... 1,515,800
EPA, multiple.......................................... 1,052,100
Special revenue funds:
Land and water permit fees............................. 705,100
State general fund/general purpose..................... $ 8,584,900
Sec. 107. REMEDIATION AND REDEVELOPMENT
Full-time equated classified positions.......... 285.0
Federal cleanup project management--60.0 FTE positions. $ 8,413,600
Superfund cleanup...................................... 4,000,000
Contaminated site investigations, cleanup and
revitalization--225.0 FTE positions.................. 23,013,600
Emergency cleanup action............................... 4,000,000
Environmental cleanup and redevelopment program........ 5,663,200
Refined petroleum product cleanup program.............. 20,000,000
Environmental cleanup support.......................... 2,340,000
GROSS APPROPRIATION.................................... $ 67,430,400
Appropriated from:
Federal revenues:
DOD, federal........................................... 1,174,500
EPA, multiple.......................................... 8,403,500
HHS, federal........................................... 6,200
Special revenue funds:
Private funds.......................................... 155,700
Clean Michigan initiative fund - response activities... 5,663,200
Cleanup and redevelopment fund......................... 12,428,500
Environmental protection fund.......................... 3,850,400
Environmental response fund............................ 5,248,000
Landfill maintenance trust fund........................ 56,200
Refined petroleum fund................................. 26,813,500
Settlement funds....................................... 1,516,300
State general fund/general purpose..................... $ 2,114,400
Sec. 108. WASTE AND HAZARDOUS MATERIALS DIVISION
Full-time equated classified positions.......... 173.0
Hazardous waste management program--60.0 FTE positions. $ 6,499,400
Low-level radioactive waste authority--2.0 FTE
positions............................................ 787,400
Medical waste program--2.0 FTE positions............... 240,900
Radiological protection--12.0 FTE positions............ 1,423,500
Scrap tire regulatory program--11.0 FTE positions...... 1,066,800
Solid waste management program--45.0 FTE positions..... 4,589,300
Underground storage tank program--33.0 FTE positions... 3,404,100
Aboveground storage tank program--8.0 FTE positions.... 763,200
GROSS APPROPRIATION.................................... $ 18,774,600
Appropriated from:
Interdepartmental grant revenues:
IDG-MDSP............................................... 742,900
Federal revenues:
EPA, multiple.......................................... 4,027,500
Special revenue funds:
Aboveground storage tank fees.......................... 363,200
Environmental pollution prevention fund................ 944,400
Hazardous material transportation permit fund.......... 219,700
Medical waste emergency response fund.................. 240,900
Public utility assessments............................. 787,400
Scrap tire regulatory fund............................. 1,066,800
Solid waste program fees............................... 4,014,400
Underground storage tank fees.......................... 2,134,300
Waste reduction fee revenue............................ 74,900
State general fund/general purpose..................... $ 4,158,200
Sec. 109. WATER DIVISION
Full-time equated classified positions.......... 351.2
Drinking water and environmental health--120.0 FTE
positions............................................ $ 16,181,000
Surface water--102.0 FTE positions..................... 15,208,200
NPDES nonstormwater program--98.2 FTE positions........ 11,027,500
Groundwater discharge--22.0 FTE positions.............. 2,969,700
Sewage sludge land application program--6.0 FTE
positions............................................ 855,400
Aquifer protection program............................. 350,000
Aquifer protection and dispute resolution - IDG to
Michigan department of agriculture................... 50,000
Expedited water/wastewater permits--3.0 FTE positions.. 398,000
Fish contaminant monitoring contracts.................. 316,100
Water withdrawal assessment program.................... 5,000
GROSS APPROPRIATION.................................... $ 47,360,900
Appropriated from:
Federal revenues:
EPA, multiple.......................................... 18,164,800
Special revenue funds:
Aquifer protection revolving fund...................... 400,000
Campground fund........................................ 238,900
Clean Michigan initiative fund - administration........ 120,100
Clean Michigan initiative fund - clean water fund...... 3,390,800
Environmental response fund............................ 168,100
Fees and collections................................... 144,900
Groundwater discharge permit fees...................... 1,120,200
Infrastructure construction fund....................... 398,000
Land and water permit fees............................. 352,500
NPDES fees............................................. 3,378,100
Public swimming pool fund.............................. 544,300
Public water supply fees............................... 2,309,900
Refined petroleum fund................................. 962,700
Saginaw Bay and River restoration revenue.............. 175,800
Septage waste contingency fund......................... 38,000
Septage waste program fund............................. 322,000
Sewage sludge land application fees.................... 855,400
Soil erosion and sedimentation control training fund... 115,400
Stormwater permit fees................................. 2,719,000
Water pollution control revolving fund................. 671,900
Water use reporting fees............................... 247,100
State general fund/general purpose..................... $ 10,523,000
Sec. 110. CRIMINAL INVESTIGATIONS
Full-time equated classified positions........... 22.0
Environmental investigations--22.0 FTE positions....... $ 2,586,700
GROSS APPROPRIATION.................................... $ 2,586,700
Appropriated from:
Federal revenues:
DHS, federal........................................... 557,400
EPA, multiple.......................................... 154,000
Special revenue funds:
Environmental response fund............................ 132,500
Oil and gas regulatory fund............................ 363,300
Scrap tire regulatory fund............................. 285,200
State general fund/general purpose..................... $ 1,094,300
Sec. 111. GRANTS
Water pollution control and drinking water revolving
funds................................................ $ 86,309,300
Noncommunity water grants.............................. 1,400,000
Grants to counties - air pollution..................... 83,700
Coastal management grants.............................. 2,000,000
Federal - nonpoint source water pollution grants....... 6,500,000
Federal - Great Lakes remedial action plan grants...... 700,000
Great Lakes research and protection grants............. 1,000,000
Radon grants........................................... 90,000
Drinking water program grants.......................... 1,330,000
Local health department operations..................... 10,472,500
Pollution prevention local grants...................... 250,000
Septage waste compliance grants........................ 400,000
Scrap tire grants...................................... 4,500,000
Strategic water quality initiative loans............... 9,600,000
Water quality protection grants........................ 100,000
GROSS APPROPRIATION.................................... $ 124,735,500
Appropriated from:
Interdepartmental grant revenues:
IDG-MDCH, local public health operations............... 10,472,500
Federal revenues:
DOC-NOAA, federal...................................... 1,700,000
EPA, multiple.......................................... 80,463,000
Special revenue funds:
Community pollution prevention fund.................... 250,000
Great Lakes protection fund............................ 1,000,000
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 program fund............................. 400,000
Strategic water quality initiatives fund............... 9,600,000
Water quality protection fund.......................... 100,000
State general fund/general purpose..................... $ 3,366,300
Sec. 112. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 7,478,800
GROSS APPROPRIATION.................................... $ 7,478,800
Appropriated from:
Interdepartmental grant revenues:
IDT, laboratory services............................... 150,900
IDG from MSP........................................... 28,000
IDG from MDOT - Michigan transportation fund........... 54,600
Federal revenues:
DHS, federal........................................... 24,500
DOC-NOAA, federal...................................... 86,200
DOD, federal........................................... 28,200
DOI, federal........................................... 6,000
EPA, multiple.......................................... 1,360,100
Special revenue funds:
Restricted funds....................................... 5,206,200
State general fund/general purpose..................... $ 534,100
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 2008-2009 is $218,320,700.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2008-2009 is $4,050,000.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF ENVIRONMENTAL QUALITY
GRANTS
Noncommunity water grants............................. $ 1,400,000
Scrap tire grants...................................... 2,250,000
Septage waste compliance program....................... 400,000
TOTAL................................................. $ 4,050,000
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) "NPDES" means national pollutant discharge elimination
system.
Sec. 204. The civil service commission 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 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.
Sec. 208. By February 15, 2009, 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, 2008 and September 30, 2009.
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, 2009:
(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 the senate and house fiscal agencies by January 1,
2009.
Sec. 210. (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. 211. (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, the leaking underground storage tank cleanup program, and
the refined petroleum product cleanup program.
(2) Unexpended and unencumbered amounts remaining from
appropriations from the environmental protection bond fund
contained in 2003 PA 173 and 2006 PA 343 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 506, 2001 PA 120, 2003 PA 173, 2003
PA 237, 2004 PA 309, 2004 PA 350, 2005 PA 11, 2006 PA 343, and 2007
PA 121 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 and 2007 PA 121 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. 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. 214. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support 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. 215. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2009 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 senate and house of representatives standing committees on
appropriations.
(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 senate and house of representatives standing
committees on appropriations, the senate and house 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. 216. 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 shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned or operated by veterans, if they are competitively
priced and of comparable quality.
Sec. 217. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities 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.
Sec. 218. 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. 219. (1) The appropriation in section 102 includes
$11,963,500.00 from restricted funds. This funding source shall
support the restricted fund requirements, pursuant to subsection
(3), for selected line items in the executive operations and
administrative support appropriation unit.
(2) The appropriation in section 112 includes $5,206,200.00
from restricted funds. This funding source shall support the
restricted fund requirements, pursuant to subsection (3), for the
information technology appropriation.
(3) The department shall adopt a cost allocation plan for
revenue sources supporting line items listed in sections 102 and
112.
(4) The department shall provide a report on or before October
31, 2008 to the house and senate appropriations subcommittees on
environmental quality and the house and senate fiscal agencies of
the line item amounts and detailed revenue sources which support
the restricted fund appropriations in sections 102 and 112.
Sec. 220. The department shall not take disciplinary action
against an employee for communicating truthfully and factually with
a member of the legislature or his or her staff.
Sec. 221. The department shall annually report and post on its
website by December 31 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 previous fiscal year.
Sec. 224. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 225. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $30,000,000.00 for
federal contingency funds. These funds are not available for
Senate Bill No. 1097 (H-1) as amended June 3, 2008 (1 of 2)
expenditure until they have been transferred to another line item
in this act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $5,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
[Sec. 226. The department shall not increase the cost of any fee, license, or permit to utilize any department service or program. It is the intent of the legislature that no fee or permit increase shall take effect during the fiscal year ending September 30, 2009.
Sec. 227. The department shall not administer the Michigan agriculture environmental assurance program during the fiscal year ending September 30, 2009.
Sec. 231. From the funds appropriated in part 1, the department shall develop, post, and maintain a user friendly and publicly accessible Internet site, all expenditures made by the agency within a fiscal year. The posting must include the purpose for which each expenditure is made.
Sec. 232. The director of the department shall develop a staff savings initiative program to invite employees to submit suggestions for saving costs for the department and shall recommend that 10% of any savings realized from those savings to be allocated to the unit, office, or program where that employee works.]
AIR QUALITY
Senate Bill No. 1097 (H-1) as amended June 3, 2008 (2 of 2)
Sec. 302. From the funds appropriated in part 1, the
department shall continue to work with individuals, organizations,
and businesses to reach ozone attainment status in the 8 counties
in southeast Michigan that are currently in nonattainment. To the
fullest extent permitted by law and federal regulations, the
department shall develop an attainment strategy that balances the
public health, environmental, and economic interests of the
residents, organizations, and businesses in that area.
ENVIRONMENTAL SCIENCE AND SERVICES
Sec. 401. Revenues remaining in the interdepartmental
transfers, laboratory services at the end of the fiscal year shall
carry forward into the succeeding fiscal year.
LAND AND WATER MANAGEMENT
Sec. 601. The department shall waive permit fees for nonprofit
organizations conducting approved stream habitat improvement
projects.
Sec. 602. The department shall continue to make refinements to
the wetland mapping information as additional information becomes
available in an effort to provide a level of detail such that a
person can determine from the map with a reasonable amount of
certainty whether or not a parcel or substantial portion of a
parcel in question is in fact a wetland subject to regulation by
the department.
REMEDIATION AND REDEVELOPMENT
Sec. 701. The unexpended funds appropriated in part 1 for
emergency cleanup actions, the refined petroleum product cleanup
program, and the environmental cleanup and redevelopment 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, 2013.
Sec. 703. The funds appropriated in part 1 for the refined
petroleum product cleanup program shall be used to fund cleanup
activities on the following sites:
Site Name County
Phil's Sunoco Alcona
Somers Inc. Alcona
Laughing Whitefish Trading Post Alger
Midway Resort Inc Alger
Fennville Feed Supply Allegan
Bellaire Bay Mart Antrim
Butch's Tackle & Marine Antrim
Pickup Capitol of the North Antrim
Res Wells Torch Lake Twp Antrim
Torch River Pit Stop Antrim
Woodland Residential Wells Barry
Lone Pine Party Store Benzie
Res. Well Village of Honor Benzie
Dave's Shell Berrien
Frank's Pro Station Berrien
Main & Fair, SW Corner Berrien
Main & Ogden, NE Corner Berrien
Schuler's Auto Repair Berrien
Indian Lake Mini Super Cass
Riggs Corner Store Cass
Dockside Market Charlevoix
Cook Corporation Cheboygan
Mr. Mug's Donut Shop Chippewa
Ackel's Car Care Clinton
South End Mobil Eaton
Farmers Petroleum Coop-Petoskey Emmet
Central Distributing Genesee
Fishermans Landing Genesee
Flint, City of Genesee
J&J Service Station Genesee
Sunshine Foods #119 Burton Genesee
Gazey Aleck Station Gladwin
Winegars Trading Post Gladwin
Evans Paint & Wallpaper Grand Traverse
GJ's Party Store Grand Traverse
Hoeflin Service Station Grand Traverse
OTC Oil Grand Traverse
Universal Car Wash II Grand Traverse
Venture Investments Grand Traverse
Woodland Shop and Go #175 Grand Traverse
Dunk's Garage Huron
Port Austin Shell Huron
Action Auto Inc Ingham
Former Clark #531 Ingham
Webberville Oil Ingham
Gene Carr Ionia
Goss Corner Store Ionia
Justice Junction/Nancy Justice Ionia
Barbier Oil Bulk Plant Iosco
Bublitz Oil Full Service Oscoda Iosco
Alamo General Store Kalamazoo
McDonalds Crosstown Service Kalamazoo
McLeieer Oil Kalamazoo
Moore's Millwood Service Kalamazoo
Davis Country Corners Kalkaska
Taffletown Tavern Kalkaska
Hucks Corner Inc. Kent
Riverview, N Park, Hubbard St area Kent
Robinson Bulk Terminal Kent
Uncle Lee's Trading Post/MRL Inc Kent
Bass Lake Store Lake
Chase General Store Lake
Lakeland Montessori School Livingston
Leon Bonner Prop Livingston
Millies Market (dba Toms) Livingston
Bob's Standard Service Luce
Action Auto (Former) Macomb
Montgomery Ward Macomb
Arcadia Veteran's Mem. Marina Manistee
Red Barn Market Manistee
Greenwood Self Serve Marquette
Harvey Oil Co Inc Marquette
Joe & Son's Service Marquette
Paton's Country Store Marquette
Joes Tire Service/Ridderman Oil Mecosta
Kregear's Service Missaukee
The Landing Missaukee
1034 Howard City Edmore Road Montcalm
Amble Oil Co Montcalm
Beard Oil - Former Montcalm
Blackrick Service Montcalm
Six Lakes General Montcalm
Thelma Franklin Montcalm
Mary D's Restaurant Montmorency
Pointe Bait Montmorency
Sports Center, Inc. Montmorency
Bill's Auto & Stereo Muskegon
Kelly's Corner Inc Muskegon
Laketon Auto Clinic Muskegon
MDNR Real Estate, White Cloud Newaygo
Up North Gift Co Newaygo
415 E. Hudson Ave. Oakland
Emma Milner Property Oakland
Farmers Petroleum Corp, Highland Oakland
Jenny Ent/Wine Basket, Highland Oakland
Little Caesar's Pizza, Ortonville Oakland
Wayne Oakland Oil Company Oakland
East Hart Party Store Oceana
William Crawford Property Oceana
Al's Service Ogemaw
Franklin Forge Co Ogemaw
MDNR Main St. Lupton Ogemaw
Rose City Feed and Tack Ogemaw
Oscelola Oil Company Osceola
Family Book Shelf Osceola
Jamestown Automotive Inc Ottawa
Big Mac's Market Roscommon
Chapin General Store Saginaw
Kuchers Service Saginaw
Court Abandoned Shiawassee
Former Sav-U Station Shiawassee
Payless SuperAmerica St. Joseph
Imlay City Gas and Oil Tuscola
Lakeside Kwik Stop Van Buren
A.S.E. Inc dba S & S Shell Washtenaw
Arbor Wash Washtenaw
Cals Car Care Inc Wayne
Levan Party Store Wayne
Mercury Manufacturing Wayne
Reclamation Oil Company Wayne
Warren & Lakewood Service Wayne
Jacks Resort Wexford
Peterson's Standard Wexford
Village of Harrietta Wexford
Sec. 704. It is the intent of the legislature to repay the
refined petroleum fund for the $70,000,000.00 that was transferred
to the environmental protection fund as part of the resolution for
the fiscal year 2006-2007 budget.
WATER
Sec. 901. By February 1, 2009, 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. The unexpended portion of funds appropriated in part
1 of 2004 PA 309 for the contaminated lake and river sediments
cleanup program are appropriated for the same purpose for the
fiscal year ending September 30, 2009.
GRANTS
Sec. 1101. 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. 1102. 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.