NATURAL RESOURCESAND ENVIRONMENT

Summary: As Passed the House

FY 2010-11  SB 1161 (H-1)


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Analyst: Viola Bay Wild

FY 2009-10 YTD

as of1/31/2010

FY 2010-11

Executive

FY 2010-11

Senate

FY 2010-11

House

FY 2010-11

Enacted

Difference:  House

From FY 2009-10 YTD

Amount

%

IDG/IDT

$12,322,900

$12,517,700

$12,401,300

$12,517,700

$194,800

1.6

Federal

252,998,700

261,331,500

260,191,100

261,331,500

8,332,800

3.3

Local

0

0

0

0

0

0.0

Private

6,040,000

6,509,100

6,486,300

6,509,100

469,100

7.8

Restricted

396,617,100

398,191,300

391,635,000

398,191,300

1,574,200

0.4

GF/GP

43,949,400

42,104,300

41,341,500

40,797,400

(3,152,000)

(7.2)

Gross

$711,928,100

$720,653,900

$712,055,200

$719,347,000

$7,418,900

1.0


FTEs

3,712.0

3,674.5

3,674.5

3,678.5

(33.5)

(0.9)

Note: (1) FY 2009-10 appropriation figures include the results of supplementals, Executive Order (EO) actions, and transfer adjustments through January 31, 2010. 

Overview

The Department of Natural Resources and Environment (DNRE) was created onJanuary 17, 2010 by Executive Order 2009 - 45, which ordered the merger of the Department of Natural Resources and the Department of Environmental Quality.  Through its natural resources programs, the DNRE manages, conserves, and protectsMichigan s resources.  Programs include forest management, land and minerals management, wildlife and fisheries management, conservation law enforcement, state parks and forest campgrounds, andMichigan historical programs and museums.  The Department's environmental programs support environmental protection, conservation, cleanup and redevelopment programs and regulatory efforts established to protect, restore, and reuse Michigan s air, water, and land resources. 

Major Budget Changes From FY 2009-10 YTD Appropriations

FY 2009-10 YTD (as of 2/11/10)

Executive

Change

From YTD

Senate Change

From YTD

House Change

From YTD

1.      Department Consolidation Savings

Executive reduces funding by $356,000 Gross and GF/GP for savings from consolidation of Department of Natural Resources and Department of Environmental Quality.  Savings of $200,000 generated from the elimination of 5.0 unclassifiedFTE positions; rent savings total $156,000. Senate and House concur with the Executive.

FTE

Gross

GF/GP

11.0

N/A

N/A

(5.0)

($356,000)

($356,000)

(5.0)

($356,000)

($356,000)

(5.0)

($356,000)

($356,000)

2.      Administrative GF/GP Reductions

Executive reduces GF/GP funding by $1.0 million and eliminates 16.5 FTEs for anticipated savings from administrative efficiencies and eliminatingFTE positions or not filling vacantFTE positions. Major reductions taken in State Historical Programs ($394,300), Wildlife Division ($151,000), Mackinac Island Park Commission ($134,100), General Law Enforcement ($116,800), and IT ($103,900).  Senate and House concur with the Executive.

FTE

Gross

GF/GP

N/A

N/A

N/A

(16.5)

($1,036,000)

($1,036,000)

(16.5)

($1,036,000)

($1,036,000)

(16.5)

($1,036,000)

($1,036,000)

3.      Water Program GF/GP Reductions

Executive includes reduction of 13.0 FTEs and $1.3 million GF/GP for reductions in the following water programs:   water withdrawal assessments, wastewater facility construction permits, soil erosion and sedimentation control, NPDES nonstormwater permits and groundwater discharge permits.  Senate and House concur with the Executive.

FTE

Gross

GF/GP

N/A

N/A

N/A

(13.0)

($1,299,400)

($1,299,400)

(13.0)

($1,299,400)

($1,299,400)

(13.0)

($1,299,400)

($1,299,400)

4.      Additional GF/GP Funding Reductions

House reduces GF/GP funding by an additional $1.35 million throughout various line items. Major reductions taken in Executive Direction ($81,900), Communications ($232,700), Wildlife Management ($95,100), Land and Water Interface Permit Program ($285,100),  Water Resource: Program Direction ($119,500), Groundwater Discharge ($94,700), Mackinac Island Park Operations ($81,400), General Law Enforcement ($79,600), and IT ($96,200). 

FTE

Gross

GF/GP

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

0.0

($1,354,200)

($1,354,200)

5.      Pittman-Robertson Federal Funding

Executive increases federal authorization in Communications and Law Enforcement line items for additional federal Pittman-Robertson funding.  Senate and House concur with the Executive.

 

Gross

Federal

N/A

N/A

$555,000

 555,000

$555,000

 555,000

$555,000

 555,000

6.     State Forest Campgrounds

Executive includes $323,900 GF/GP reduction and elimination of 3.0FTE positions to the forest recreation program.  Savings will be realized by keeping 12 state forest campgrounds closed, by reducing grooming on ski trails, and by decreasing pathway maintenance work.  Senate concurs with the Executive; House reduces funding by $83,900 but retains the 3.0FTE positions and $240,000 to fund the reopening of the 12 state forest campgrounds that were closed by E.O. 2009-22.

 

FTE

Gross

Restricted

GF/GP

51.0

$4,924,000

4,360,100

$563,900

(3.0)

($323,900)

0

 ($323,900)

(3.0)

($323,900)

0

 ($323,900)

0.0

($83,900)

0

 ($83,900)

7.      Restricted Funds Reduction

Executive reduces restricted funding authorization for Game and Fish Fund -- Deer Habitat, Snowmobile Registration Fee revenue, and Marine Safety Fund to align with revenues.  Senate and House concur with the Executive.

 

Gross

Restricted

N/A

N/A

($3,460,900)

(3,460,900)

($3,460,900)

(3,460,900)

($3,460,900)

(3,460,900)

8.      Brownfield Redevelopment Funding

Executive reduces funding by $5.5 million for brownfield redevelopment grants and loans to eliminate one-time supplemental funding from previous year.  Senate and House concur with the Executive.

 

Gross

Restricted

$5,500,000

5,500,000

($5,500,000)

(5,500,000)

($5,500,000)

(5,500,000)

($5,500,000)

(5,500,000)

9.      Additional Funding Adjustments

Executive reduces private funding authorization to align with expected revenue ($75,900); increases restricted authorization for State Parks Improvement bond debt service payment ($6,600); appropriates $100,000 for public use and replacement deed program previously appropriated through boilerplate.  Senate and House concur with the Executive.

 

Gross

Private

Restricted

N/A

N/A

N/A

$30,700

(75,900)

106,600

$30,700

(75,900)

106,600

$30,700

(75,900)

106,600

10.    Waste and Hazardous Materials Funding

Executive replaces GF/GP support for Hazardous Waste Management program with restricted funding from the Hazardous Materials Transport Permit Fund.  Senate and House concur with the Executive.

 

Gross

Restricted

GF/GP

N/A

N/A

N/A

$0

400,000

($400,000)

$0

400,000

($400,000)

$0

400,000

($400,000)

11.    Aquifer Dispute Resolution Program

Senate includes a $100 placeholder for the Aquifer Dispute Resolution Program.

 

Gross

GF/GP

N/A

N/A

N/A

N/A

$100

100

$0

0

12.   Michigan Historical Programs

Executive increases appropriation for Michigan Historical programs by $698,800 Gross to adjust appropriation to actual expenditures and anticipated revenue. Revenue includes admission fees toMichiganHistoricalMuseum. Programs were transferred to DNRE from DHAL in FY 2009. Senate and House concur with the Executive.

 

Gross

Restricted

N/A

N/A

$698,800

698,800

$698,800

698,800

$698,800

698,800

13.    Aquatic Nuisance Control (ANC) Program

Houseincludes $84,600 GF/GP funding and 1.0 additionalFTE authorization to fund additional staff for the ANC program.

FTE

Gross

GF/GP

N/A

N/A

N/A

0.0

$0

$0

0.0

$0

$0

1.0

84,600

84,600

14.    Cormorant Population Control

House includes $50,000 restricted funding from the Game and Fish Fund for activities related to controlling the cormorant population inMichigan.

 

Gross

Restricted

$0

0

$0

0

$0

0

$50,000

50,000

15.    Fisheries Resource Management

House reduces the Fisheries Resource Management line item by $50,000 restricted funding from the Game and Fish Fund.

 

Gross

Restricted

$0

0

$0

0

$0

0

($50,000)

(50,000)

16.    Information Technology Savings

Executive reduces funding to reflect savings from rate reductions, not filling anFTE position, and Department of Technology, Management, and Budget (DTMB) consolidation savings.  Senate and House concur with the Executive.

 

Gross

Restricted

GF/GP

N/A

N/A

N/A

($157,800)

(52,000)

($105,800)

($157,800)

(52,000)

($105,800)

($157,800)

(52,000)

($105,800)

17.    Capital Outlay

Executive increases funding for state park, forestry, waterways construction and infrastructure projects by $2.0 million; reduces State Park Endowment Fund support by $2.0 million; increases federal funding authorization.  Senate and House concur with the Executive.

 

Gross

Federal

Private

Restricted

$16,991,200

5,067,100

2,000,000

9,924,100

$1,987,400

4,007,900

0

(2,020,500)

$1,987,400

4,007,900

0

(2,020,500)

$1,987,400

4,007,900

0

(2,020,500)

18.    Economic Adjustments

Executive increases funding by $17.6 million Gross and $1.7 million GF/GP for economics including a 3.0% wage increase, retirement, building occupancy charges, and insurances.  Senate includes $9.0 million economic adjustments, but does not include funding for state employee 3.0% pay increase. House concurs with Executive, but eliminates $277,300 GF/GP funding for the NERE state employees 3.0% wage increase in a budgetary savings line.

Gross

IDG

Federal

Private

Restricted

GF/GP

N/A

N/A

N/A

N/A

N/A

N/A

$17,587,900

271,200

2,629,300

45,000

12,966,400

$1,676,000

$8,989,100

154,800

1,488,900

22,200

6,410,100

$913,100

$17,310,600

271,200

2,629,300

45,000

12,966,400

$1,398,700

Major Boilerplate Changes From FY 2009-10

Sec. 207.  Restricted Fund Revenue, Expenditures, Fund Balances, andFTE Information RETAINED

Requires report of revenue, spending, and estimated year-end balance for each restricted fund appropriated; requires report on funding ofFTE positions by each line item.  Executive and Senate delete language; House retains language (Sec. 222).

Sec. 208.  Department Grant and Loan Programs  DELETED

Requires report including description of available grant/loan programs, criteria for awards, and a list of recipients.  Executive, Senate, and House delete language.

Sec. 210.  Waterways Fund Projects RETAINED

Requires DNRE to report on activities of Waterways Commission during the previous fiscal year; list of completed waterways fund projects to be provided to Legislature and State Budget Director byJanuary 31, 2010Executive and Senate delete language; House retains language (Sec. 223).

Sec. 216.  Disciplinary Action Against State Employees  RETAINED

Prohibits DNRE from disciplining state employees for communicating with members of Legislature and their staffs.  Executive deletes language; Senate and House retain language (Sec. 212).

Sec. 217.  Rule Promulgation RETAINED

Requires report on any policy changes made to implement a public act; DNRE is not allowed to adopt a rule that will apply to a small business if it has a disproportionate economic impact.  Executive deletes language; Senate and House retain language (Sec. 213).

Sec. 219.  Restricted Fund Allocation Plan  RETAINED

Requires DNRE to develop a plan for allocating restricted funds among administrative and regulatory activities; plan to be submitted to legislative subcommittees byJanuary 30, 2010Executive and Senate delete language; House retains language (Sec. 224).

Sec. 221.  Out-of-State State Employee Training RETAINED

Prohibits out-of-state travel to attend a conference or seminar for more than one employee unless the travel is funded by a federal or private source, or conference includes multiple issues in which one employee does not have expertise.  Executive and Senate delete language; House retains language (Sec. 225).

Sec. 221.  Refined Petroleum Fund (RPF)   NOT INCLUDED

Senate includes new language stating legislative intent that after FY 2011, revenues from the RPF be used solely for leaking underground storage tank program.

Sec. 222. FTE Report MODIFIED

Requires DNRE to report bi-monthly on number of FTEs in pay status by civil service classification on the first day of the month.  Executive and Senate delete language; House modifies language to require quarterly reports (Sec. 233 (1)).

Sec. 223.  Detailed Appropriated and SupportableFTE Information   RETAINED

Requires DNRE to report on supportable FTEs including salary, wage and benefit costs for FTEs for each line item. Executive and Senate delete language; House retains language (Sec. 235).

Sec. 227.  Restricted Fund Allocation Plan for Administrative Units DELETED

Requires allocation plan for restricted funds for administrative units and report.  Executive, Senate and House delete language.

Sec. 228.  Intent to Consolidate DNR/DEQ  DELETED

States legislative intent to re-combine DEQ andDNR, makingDNR the successor agency.Executive, Senate and House delete language.

Sec. 229. DNR/DEQ Department Consolidation Savings  DELETED

Provides that appropriations in part 1 assume acceptance of an executive order to re-combine DEQ andDNR; expected savings of $2.0 million. Executive, Senate and House delete language.

Sec. 230.  DEQ Spending Limitation  DELETED 

Provides that afterNovember 1, 2009, DEQ may not make expenditures from part 1 unless a notice of intent to spend is provided to the Speaker of the House of Representatives 30 days in advance. Executive, Senate and House delete language.

Sec. 231.  Pending Permits RETAINED

Any permit application pending after a 2 year period shall be considered administratively complete onJanuary 1, 2010Executive deletes language; Senate and House retain language (Sec. 218).

Sec. 232.  Expenditure Reports: FY 2008-09  MODIFIED

Requires Department to report expenditures on public internet site, including purpose of the expenditures.Executive and Senate delete language; House modifies language to include ARRA funding and deletes $25,000 website expenditure limit (Sec. 233 (2)). (House includes $10,000 website spending limit in new Sec. 234 - see below.)

Sec. 232.  Budgetary Savings NEW

House includes language that requires that the negative appropriation for budgetary savings be satisfied from savings and reductions identified by department director and approved by state budget director; requires appropriation authorizations be adjusted after approval of legislative transfers.  Authorizes state budget director to reduce federal, local, private, and state restricted appropriations associated with reductions made to general fund.

Sec. 233.  Report Retention DELETED

Requires Department to retain copies of all funded reports; reports are to be received and provided for public use.  Executive, Senate and House delete language.

Sec. 234.  Website Expenditure Postings  NEW

House includes language that requires Department to spend less than $10,000 to post department expenditures on website.

Sec. 235.  Criminal and Civil Fine Revenue    RETAINED

Requires Department to annually report the amount of criminal and civil fine revenue collected during FY 2008-09. Executive and Senate delete language; House retains language (Sec. 227).

Sec. 236.  General Fund Lapse    RETAINED

Requires Department to report bySeptember 30, 2010 the estimated amount of general fund lapse by program area. Executive and Senate delete language; House retains language (Sec. 228).

 

Sec. 237.  Best Available Retrofit Technologies (BART) DELETED

Requires Department to use BART standards in actions taken on air pollution permits.Executive and House delete language; Senate retains language (Sec. 220).

 

Sec. 238. Great Lakes Water Quality Bond  RETAINED

Requires report outlining the implementation of the Great Lakes Water Quality bond.  Executive and Senate delete language; House retains language (Sec. 229).

 

Sec. 239.  Program Comparisons With Other States RETAINED

Requires Department to compare regulatory programs with otherGreat Lakes states.  Executive and Senate delete language; House retains language (Sec. 230).

 

Sec. 240.  Permit Program Efficiencies RETAINED

Requires examination of air permitting program to determine efficiencies; requires report. Executive and Senate delete language; House retains language (Sec. 231).

 

Sec. 241.  Beverage Container Fraud DELETED

Requires Department to implement 2008 PA 389 concerning reverse vending machines and beverage container standards. Executive, Senate and House delete language.

 

Sec. 242.  Freedom of Information Act (FOIA) Requests DELETED

Requires semiannual report on requests made under the FOIA. Executive, Senate and House delete language.

 

Sec. 301.  Wetlands Protection Program Supplemental DELETED

Gives legislative intent to address funding needs for the wetlands regulatory program through supplemental appropriation. Executive, Senate and House delete language.

 

Sec. 306.  Refined Petroleum Fund  RETAINED

States legislative intent to restore $70.0 million Refined Petroleum Fund transferred to General Fund in FY 2006-07.  Executive deletes language; Senate and House retain language (Sec. 405).

 

Sec. 306.  Historical Program Fees    NEW

Allows Department to charge fees for various historical program services such as document production, conferences, workshops, use of facilities, and museum admissions.  Executive, Senate, and House include new language; House requires that children under 18 be admitted free to theMichiganHistoricalMuseum; allows DNRE to receive voluntary contributions of $2 for children.

 

Sec. 308.  Operational Memoranda  RETAINED

Prohibits DNRE from using operational memoranda documents to impose regulations on individuals or businesses conducting cleanup projects - except with written consent.  Executive deletes language; Senate and House retain language (Sec. 406).

 

Sec. 401.  Restricted Fund Transfer: Solid Waste Management Fund  MODIFIED

Transfers $1.5 million from the Solid Waste Management Fund Perpetual Care Account to the Solid Waste Management Fund Staff Account. Executive and Senate delete language; House revises language to transfer $2.0 million (Sec. 407).

 

Sec. 408.  Refined Petroleum Cleanup Site List  NEW

House includes language that lists cleanup projects funded through the Refined Petroleum Cleanup Program.

Sec. 501.  Water Quality Enforcement Report  DELETED

Requires report on enforcement and program activities funded from National Pollution Discharge Elimination System (NPDES) Fund.  Executive, Senate and House delete language.

 

Sec. 601.  Scrap Tire Fire Suppression  RETAINED

Provides $100,000 for grants to communities for scrap tire suppression costs, if other funding is exhausted. Executive and Senate delete language; House retains language (Sec. 1004).

 

Sec. 651.  Aquatic Nuisance Control Program   NEW

House includes new language requiring $84,600 appropriated in part 1 to be allocated to fund for one additionalFTE position or partialFTE position for the Aquatic Nuisance Control Program in FY 2011; requires report.

 

Sec. 704.  Fishing Advisories  DELETED

Requires website address be in fishing guide forDCH advisory information.  Executive, Senate and House delete language.

 

Sec. 705.  Land Transactions  RETAINED

Requires report on land purchases, sales and exchanges. Executive and Senate delete language; House retains language (Sec. 308).

 

Sec. 801.  Livestock Loss Indemnification  RETAINED

Requires DNRE to reimburse Department of Agriculture for livestock losses caused by wolves, coyotes, or cougars.  Executive deletes language; Senate and House retain language (Sec. 502).

 

Sec. 807.  Timber Industry Meetings   NEW

House includes new language that requires Director of DNRE to meet semiannually in a public forum with timber industry representatives to discuss strategic issues of the timber industry.

 

Sec. 808. State Forest Campground Funding   NEW 

Houseincludes new language that requires that $240,000 be allocated to reopen and support the 12 state forest campgrounds that were previously closed by E.O. 2009-22; requires report.

 

Sec. 901.  Water Control Structure Certification  DELETED

Directs Fisheries to not impede certification process for water control structures. Executive, Senate and House delete language.

 

Sec. 1002.  State Park Campground Closures  RETAINED

Requires DNRE to notify Legislature before operation reductions at any state park or recreation area. Executive deletes language; Senate and House retain language (Sec. 702).

 

Sec. 1003.  Porcupine Mountain Ski Hill  RETAINED

Prohibits Department from altering ski hill operations or related buildings inPorcupine Mountains Wilderness State Park.  Executive and Senate delete language; House retains language (Sec. 703).

 

Sec. 1004.  Defibrillators in State Parks  RETAINED

Requires defibrillators be maintained in state parks.  Executive and Senate delete language; House retains language (Sec. 704).

 

Sec. 1101. Mackinac Island State Park  DELETED

Requires revenue from admissions and store sales at Mackinac Island State Park (MISP) be deposited into the MISP operation fund; remaining funds at end of year shall not lapse to the general fund.  Executive, Senate and House delete language.

 

Sec. 1202.  Contract Foresters  MODIFIED

Allows DNRE to hire contract foresters to mark timber.  Executive and Senate delete language; House modifies language to allow DNRE to hire or contract with a sufficient amount of foresters (Sec. 805).

 

Sec. 1203.  Timber Marking  RETAINED

Directs DNRE, subject to forest certification process, to mark for harvest, 58,000 acres at an average rate of 12.5 to 15.0 cords per acre; DNRE must consider impact of timber harvest on wildlife habitat and recreation; requires quarterly report.Executive deletes language; Senate and House retain language (Sec. 802).

 

Sec. 1206.  Horseback Riding Opportunities  RETAINED

Directs DNRE to work with horseback riding groups.  Executive deletes language; Senate and House retain language (Sec. 804).

 

Sec. 1207.  TimberSale Bidding Process   RETAINED

Requires DNRE to work with stakeholders to review bidding process and implement needed changes; requires report. Executive and Senate delete language; House retains language (Sec. 806).

 

Sec. 1301.  Snowmobile Law Enforcement Grants  RETAINED

Provides snowmobile law enforcement grant funds to county law enforcement agencies in counties with state trails.  Executive deletes language; Senate and House retain language (Sec. 901).

 

Sec. 1302. Island LakeShootingRange Concession Contract  RETAINED

Requires public notice of expiration date or amendments to concession contract forIsland Lake Shooting Range. Executive and Senate delete language; House retains language (Sec. 902).

 

Sec. 1402.  Off Road Vehicle (ORV) Trail Improvement Grants  RETAINED

Requires the expenditure of not less than $980,000 for the development of new ORV trails.  Executive deletes language; Senate and House retain language (Sec. 1003).

 

Sec. 1601.  Federal Historic Preservation Grants: Work Project Designation   DELETED

Provides work project status to federal grants for historic preservation projects. Executive, Senate and House delete language.

 

Sec. 1602. Michigan Heritage Fund  DELETED

Revenues collected through the Michigan Heritage Fund are appropriated and available for expenditure upon receipt. Executive, Senate and House delete language.