NATURAL RESOURCES & ENVIRONMENTAL PROTECTION

Summary of  FY 2009-10 Enacted Appropriations

2009 Public Act 118 (House Bill 4446)

Analyst: Viola Bay Wild

FY 2009-10

FY 2009-10

FY 2009-10

FY 2009-10

Difference:  Enacted

From FY 2008-09 YTD

FY 2008-09 YTD

Executive

House

Senate

Enacted

Amount

%

IDG/IDT

$22,692,400

$11,235,800

$11,235,800

$11,235,800

$12,322,900

($10,369,500)

(45.7)

Federal

 

 

  ARRA

0

0

0

0

0

0

0.0

  Non-ARRA

182,338,200

186,869,600

184,113,000

184,363,000

252,998,700

70,660,500

38.8

Local

0

0

0

0

0

0

0.0

Private

5,200,700

6,040,000

5,927,400

5,927,400

6,040,000

839,300

16.1

Restricted

390,413,500

392,506,000

385,294,000

385,903,300

389,117,100

(1,296,400)

(0.3)

GF/GP

54,209,600

51,573,600

42,679,200

36,488,500

43,949,400

(10,260,200)

(18.9)

Gross

$654,854,400

$648,225,000

$629,249,400

$623,918,000

$704,428,100

$49,573,700

7.6


FTEs

3,700.6

3,751.6

3,578.4

3,592.6

3,712.0

11.4

0.3

Notes: (1) FY 2008-09 appropriation figures do not reflect the impact of executive order, supplemental, or transfer adjustments made after the release of the FY 2009-10 Executive Budget on February 12.  (2) "ARRA" represents temporary funds received under federal American Recovery and Reinvestment Act.

Overview

The budgets for the Departments of Environmental Quality and Natural Resources are included in this bill.  These two departments will be merged into one if Executive Order 2009 - 45 is allowed to go into effect onJanuary 17, 2010

General Sections of Boilerplate

 

Sec. 205.  State Hiring FreezeDELETED

Imposes a state-wide hiring freeze in all departments, and provides process for approvals of position vacancies.

 

 

Sec. 207.  Restricted Fund Revenue, Expenditures, and Fund BalancesREVISED

Requires report of revenue, spending, and estimated year-end balance for each restricted fund appropriated.  New language requires the calculation of the number of fundedFTE positions.

 

 

Sec. 222. FTE Monthly ReportNEW

Requires a bi-monthly report of the number of departmentFTE positions by classification.

 

 

Sec. 223 (1).  Rule Promulgation ReportDELETED

Requires a report on policy changes made to implement a public act (Subsections (2) and (3) are renamed Sec. 217).

 

Sec. 223.  Detailed  Appropriated and SupportableFTE  InformationNEW

Requires report on supportable FTEs including salary, wage and fringe benefit costs for FTEs for each line item.

 

 

Sec. 224.  Consolidated Report on Cleanup and Redevelopment Program –NEW

Requires report with detailed information on allocations to the environmental cleanup program, state cleanup, superfund cleanup, underground storage tank cleanup program, and others.

 

 

Sec. 227.  Obsolete Database SystemsDELETED

Requires a plan and cost estimate to replace obsolete or failing computer or database systems.

 

Sec. 228.  Expenditure Reports: FY 2008-09REVISED

Requires a report of expenditures in a publicly accessible internet site including the purpose for expenditures; new language prohibit DEQ andDNR from spending more than $25,000 for implementation (Renamed Sec. 232).

 

Sec. 228.  Intent to ConsolidateDNR/DEQ NEW

States legislative intent to re-combine DEQ andDNR, makingDNR the successor agency.

 

Sec. 229. DNR/DEQ Department Consolidation SavingsNEW

Provides that appropriations in part 1 assume acceptance of an executive order to re-combine DEQ andDNR.

 

Sec. 236.  General Fund LapseNEW

Requires a report bySeptember 30, 2010 of estimated amount of general fund lapse by department.

ENVIRONMENTAL QUALITY

Summary of  FY 2009-10 Enacted Appropriations

2009 Public Act 118 (House Bill 4446)

 

Analyst: Viola Bay Wild

FY 2009-10

FY 2009-10

FY 2009-10

FY 2009-10

Difference:  Enacted

From FY 2008-09 YTD

FY 2008-09 YTD

Executive

House

Senate

Enacted

Amount

%

IDG/IDT

$18,890,200

$7,433,600

$7,433,600

$7,433,600

$8,520,700

($10,369,500)

(54.9)

Federal

 

 

  ARRA

0

0

0

0

0

0

0.0

  Non-ARRA

130,636,100

129,599,300

129,349,300

129,599,300

180,146,200

49,510,100

37.9

Local

0

0

0

0

0

0

0.0

Private

455,700

658,900

658,900

658,900

658,900

203,200

44.6

Restricted

169,309,900

176,232,300

170,716,000

171,454,300

172,588,300

3,278,400

1.9

GF/GP

43,744,800

33,127,900

33,127,900

26,927,900

26,950,500

(16,794,300)

(38.4)

Gross

$363,036,700

$347,052,000

$341,285,700

$336,074,000

$388,864,600

$25,827,900

7.1


FTEs

1,526.7

1,480.7

1,480.7

1,480.7

1,496.1

(30.6)

(2.0)

 

Notes: (1) FY 2008-09 appropriation figures do not reflect the impact of executive order, supplemental, or transfer adjustments made after the release of the FY 2009-10 Executive Budget on February 12.  (2) "ARRA" represents temporary funds received under federal American Recovery and Reinvestment Act.

Overview

The Department of Environmental Quality (DEQ) supports environmental protection, conservation, and cleanup and redevelopment programs and regulatory efforts established to protect, restore, and reuseMichigan’s air, water, and land resources.  More than half of Department’s annual revenue is collected from permits and licenses.

Major Budget Changes From FY 2008-09 YTD Appropriations

FY 2008-09 YTD

(as of2/12/09)

Enacted Change

From YTD

1.     Wetlands Regulatory Program: Turn back to Federal Govt.

Extends funding for a partial year (full year support depends on provisions in yet-to-be passed implementing legislation). 

FTE

Gross

Federal

Restricted

GF/GP

30.0

$4,000,000

0

1,900,000

$2,100,000

0.0

($2,154,600)

406,900

(461,500)

($2,100,000)

2.     Baseline and Full year  FY 2008-09 Executive Order        Reductions

General Fund supported programs reduced in FY 2008-09 are reduced.  Reductions reflect the continuation of General Fund reductions included in EO 2009-22.

Gross

     GF/GP

N/A

N/A

($2,469,900)

 ($2,469,900)

3.     Waste and Hazardous Materials Funding Shifts

GF/GP support for the Above Ground Storage Tank, and Underground Storage Tank Programs replaced with Refined Petroleum Fund ($1.4 million). The Solid Waste Management Fund Staff Account ($500,300) was replaced with funding from the perpetual care fund.

Gross

Federal

Restricted

GF/GP

$18,768,900

4,027,500

10,588,900

$4,152,500

$0

0

1,900,300

($1,900,300)

4.     Drinking Water Revolving Fund Match

Reduces funding for Drinking Water Revolving Fund.

Gross

Federal

Restricted

GF/GP

$85,139,200

71,543,000

11,400,000

$2,196,200

($2,062,500)

0

0

($2,062,500)

5.     Air Quality: Asbestos and Technical Assistance/Outreach

Technical Assistance program for asbestos remediation eliminated.

FTE

Gross

Restricted

GF/GP

N/A

N/A

N/A

N/A

(3.0)

($998,000)

 (100,000)

($898,000)

6.     Pollution Prevention Workshops

Compliance Assistance Workshop programs eliminated.

FTE

Gross

GF/GP

5.0

$897,100

$897,100

(5.0)

($897,100)

($897,100)

7.     On-site Wastewater Program

GF/GP funding for on-site wastewater treatment program is reduced.

Gross

GF/GP

N/A

N/A

($600,000)

 ($600,000)

8.     Aquifer Protection Program

Program eliminated: revenue insufficient to support program.

Gross

Restricted

$400,000

400,000

($400,000)

(400,000)

9.     Retired Engineers Technical Assistance Program: DELEG

Program transferred to Department of Energy, Labor, and Economic Growth.

Gross

Restricted

$1,474,300

1,474,300

($1,474,300)

(1,474,300)

10.   Southeast Michigan Diesel Emissions Reduction Grant

Grant funding for Wayne County diesel emissions reduction projects, including busses operated by the Detroit Public Schools.  Matching funds provided by Marathon Oil Company.

Gross

Federal

Private

N/A

N/A

N/A

$500,000

200,000

300,000

11.   Radiological Protection

Program funding reduced.

Gross

IDG/IDT

Federal

GF/GP

$1,407,100

742,900

274,500

$389,700

($200,000)

0

0

($200,000)

12.   Great Lakes Restoration Initiative

Federal funding from grant for projects to improve the quality and accelerate cleanup efforts of the Great Lakes.

Gross

Federal

N/A

N/A

$50,000,000

50,000,000

13.   Local Health Department Grants

The IDG from the Department of Community Health is eliminated for local health department grants.

Gross

IDG

$10,472,500

10,472,500

($10,472,500)

(10,472,500)

14.   Various Program Reductions

Funding reduced for various programs based on available revenue, such as scrap tire grants, water pollution and protection grants, superfund cleanup, and air quality programs. 

Gross

Federal

Restricted

GF/GP

N/A

N/A

N/A

N/A

($3,728,200)

(799,600)

(1,642,000)

($1,286,600)

15.   Economic Adjustments

Provides an adjustment to cover the cost of the 1% salary increase to be provided in FY 2009-10.

Gross

Federal

Private

Restricted

GF/GP

N/A

N/A

N/A

N/A

N/A

$2,852,500

607,000

3,200

1,613,900

$628,400

Major Boilerplate Changes From FY 2008-09

Sec. 226.  4-H Youth Program VETOED

Requires DEQ to appropriate $5,000 to the Michigan State University Extension Service - 4-H Youth Programs.

Sec. 230.  Muskrat Lake Water Levels DELETED

Requires the issuance of permits to construct a lake level control structure on Muskrat Lake in Clinton County.

Sec. 230.  DEQ Spending Limitation  NEW

Provides that after November 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.

Sec. 231.  DEQ Pending Permits NEW

Any permit application pending after a 2 year period shall be considered administratively complete on January 1, 2010.

Sec. 237 (1).  Best Available Retrofit Technologies (BART) NEW

Requires Department to use BART standards in actions taken on air pollution permits.

Sec. 237 (2).  Best Available Retrofit Technologies (BART) Feasibility Study VETOED

Requires Department to pay if a feasibility study of BART is required.

Sec. 239.  Program Comparisons With Other States NEW

Requires Department to compare its regulatory programs with similar activities in other Great Lakes States.

Sec. 240.  Permit Program Efficiencies NEW

Requires Department to study its air permitting program to determine efficiencies; requires report.

Sec. 241.  Beverage Container Fraud NEW

Requires Department to implement 2008 PA 389 concerning reverse vending machines and beverage container standards.

Sec. 301.  Wetlands Protection Program Supplemental NEW

Gives legislative intent to address funding needs for the wetlands regulatory program through supplemental appropriation of restricted use funds if necessary to maintain previous year funding level.

Sec. 304.  Restricted Fund Transfer: Cleanup and Redevelopment Trust Fund NEW

Transfers $1.0 million from the Cleanup and Redevelopment Trust Fund to the Environmental Protection Fund.

Sec. 305.  Restricted Fund Transfer: Community Pollution Prevention FundNEW

Transfers $1.0 million from the Community Pollution Prevention Fund to the Environmental Protection Fund.

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

Transfers $1.5 million from the Solid Waste Management Fund to the Solid Waste Management Fund Staff Account.

Sec. 501.  WMU Geologic Core Research Laboratory DELETED

States legislative intent that the Office of Geological Survey work with Western Michigan University to maintain the Michigan basin core research laboratory and to collaborate on other cooperative projects.

Sec. 702.  Peer-Reviewed Site Cleanup Criteria DELETED

Directs DEQ to include cleanup criteria in remedial action plans derived from peer-reviewed risk assessments.

Sec. 703.  Refined Petroleum Cleanup Site List DELETED

Lists cleanup projects funded through the refined petroleum cleanup program.

Sec. 801.  Construction Permit Site Review Board DELETED

States legislative intent that approval by the Site Review Board represents the final approval for construction permit applications referred by DEQ.

Sec. 902.  Contaminated  Lake and River Sediments Cleanup Funding DELETED

Re-appropriates Clean Michigan Initiative funding for the Contaminated Lake and River Sediments Cleanup program.

Sec. 903.  Michigan Agriculture Environmental Assurance Program DELETED

States legislative intent that DEQ and Department of Agriculture should proportionally reduce their programs if federal funding is less than that received in FY 2007-08.

Sec. 1103.  Real-Time Water Quality Monitoring DELETED

Provides grant to Macomb County and St. Clair County to support real-time water quality monitoring programs in the St. Clair watershed.


NATURAL RESOURCES

Summary of  FY 2009-10 Enacted Appropriations

2009 Public Act 118 (House Bill 4446)

Analyst: Viola Bay Wild

FY 2009-10

FY 2009-10

FY 2009-10

FY 2009-10

Difference:  Enacted

From FY 2008-09 YTD

FY 2008-09 YTD

Executive

House

Senate

Enacted

Amount

%

IDG/IDT

$3,802,200

$3,802,200

$3,802,200

$3,802,200

$3,802,200

0

0.0

Federal

 

 

  ARRA

0

0

0

0

0

0

0.0

  Non-ARRA

51,702,100

57,270,300

54,763,700

54,763,700

72,852,500

21,150,400

40.9

Local

0

0

0

0

0

0

0.0

Private

4,745,000

5,381,100

5,268,500

5,268,500

5,381,100

636,100

13.4

Restricted

221,103,600

216,273,700

214,578,000

214,449,000

216,528,800

(4,574,800)

(2.1)

GF/GP

10,464,800

18,445,700

9,551,300

9,560,600

16,998,900

6,534,100

62.4

Gross

$291,817,700

$301,173,000

$287,963,700

$287,844,000

$315,563,500

$23,745,800

8.1


FTEs

2,173.9

2,170.9

2,114.9

2,111.9

2,215.9

42.0

1.9

 

Notes: (1) FY 2008-09 appropriation figures do not reflect the impact of executive order, supplemental, or transfer adjustments made after the release of the FY 2009-10 Executive Budget on February 12.  (2) "ARRA" represents temporary funds received under federal American Recovery and Reinvestment Act.

Overview

The Department of Natural Resources (DNR) manages, conserves, and protectsMichigan’s resources.  Programs include forest management, land and minerals management, wildlife and fisheries management, conservation law enforcement, and state parks and forest campgrounds.

Major Budget Changes From FY 2008-09 YTD Appropriations

FY 2008-09 YTD

(as of2/12/09)

Enacted Change

From YTD

 

1.     Consolidation of DNR and DEQ Savings – VETOED

The Departments of Natural Resources and Environmental Quality are to be merged.  Before veto, administrative savings of $350,000 were to be implemented by legislative transfers; contingent upon issuance and legislative acceptance of a facilitating executive order.

Gross

GF/GP

N/A

N/A

($0)

($0)

 

2.     Historic and Museum Programs: Transferred from DHAL

Historical programs are transferred from the DHAL with additional GF/GP reductions taken.  Funding includes:

Mackinac Island State Park........................................ $3.4 million

State Museum                                                           $3.1 million

Archives  $0.7 million

Museum Stores......................................................... $0.5 million

Heritage Publications................................................. $0.7 million

Freedom Trail  $0.03 million

Thunder Bay Underwater Preserve............................... $0.2 million

Mann House   $0.1 million

State Rent (BOC)...................................................... $1.3 million

Information Technology.............................................. $0.5 million

FTE

Gross

Federal

Private

Restricted

GF/GP

N/A

N/A

N/A

N/A

N/A

N/A

101.0

$10,480,500

100

112,600

3,030,700

$7,337,100

 

3.     Game and Fish Protection Fund Program Reductions

Several programs reduced to reflect expected revenue shortfalls in the Game and Fish Protection Fund-General Purpose.  36.0 FTEs were eliminated in law enforcement division; 16.0 FTEs were eliminated in fisheries programs.

FTE

Gross

Restricted

N/A

N/A

N/A

(54.0)

($8,964,200)

(8,964,200)

 

4.     Baseline and Full year  FY 2008-09 Executive Order        Reductions

GF/GP supported program FY 2008-09 reductions from Executive Orders are continued.  Reductions include Cooperative Resource Programs ($101,100) and Forest Recreation ($100,000). 

Gross

GF/GP

N/A

N/A

($693,300)

($693,300)

5.     National Recreational Trails Grants

Michigan share for this grant for trail development and maintenance is increased; funds awarded through competitive process.

Gross

Private

Federal

$2,150,000

50,000

2,100,000

$1,800,000

0

1,800,000

 

6.     State Parks Funding: Park Endowment Fund Increase

Funding from the State Parks Endowment Fund is increased to make up for deficient revenues from motor vehicle permits and user fees.

Gross

Federal

Private

Restricted

$44,654,200

120,300

363,900

44,170,000

$1,000,000

0

0

1,000,000

 

7.     State Forest Management

Revenue increases, generated during FY 2007-08 through timber harvest activities, are added to the forest management program.

Gross

Federal

Private

Restricted

$15,423,900

922,600

822,800

13,678,500

$750,000

0

0

750,000

 

8.     Snowmobile Trail Easements

Funding from the recently approved fee increase will fund the purchase or lease of easements to lengthen or create snowmobile trails.

Gross

Restricted

$0

0

$700,000

700,000

 

9.     Capital Outlay

Funding for FY 2009-10 would support state park, forestry, waterways construction and infrastructure projects.  State Park Endowment Fund support replaces Park Improvement revenue ($2.0 million).

Gross

Federal

Private

Restricted

$14,193,000

1,293,000

1,500,000

11,400,000

$2,798,200

3,774,100

500,000

(1,475,900)

 

10.   Great Lakes Restoration Initiative

Federal funding from grant for projects to improve the quality and accelerate cleanup efforts of the Great Lakes.

Gross

Federal

$0

0

$15,000,000

15,000,000

 

11.   Cormorant Control Program VETOED

Funding of $75,000 GF/GP was appropriated for a cormorant population control program; funding was vetoed.

Gross

GF/GP

$0

$0

$0

$0

 

12.   Economic Adjustments

Provides an adjustment to cover the cost of the 1% salary increase to be provided in FY 2009-10.

Gross

Federal

Private

Restricted

GF/GP

N/A

N/A

N/A

N/A

N/A

$4,150,100

528,800

23,500

3,393,100

$204,700

 

Major Boilerplate Changes From FY 2008-09

Sec. 223. (Current Law)  DNR Funding WorkgroupDELETED

States legislative intent to implement recommendations of the work group on department long term funding.

Sec. 226. (Current Law)  Muskrat Lake Water ControlDELETED

Requires report on the status of permit applications and efforts to maintain water levels of Muskrat Lake in Clinton County.

Sec. 603.  (Current Law)  Fish Hatchery OperationsDELETED

Requires that DNR operate six fish hatcheries.

Sec. 802.  Bovine TB Eradication Efforts – REVISED

Requires semi-annual reports on enforcement actions taken to eradicate bovine TB, relevant scientific studies and the number of deer found to be infected (Formerly Sec. 502).

Sec. 902.  Island Lake Shooting Range Concession ContractDELETED

Requires public notice of the expiration date or adoption of amendments to the concession contract to operate the Island Lake Shooting Range.

Sec. 1002.  State Park Campground ClosuresREVISED

Requires notice if DNR intends to reduce operations or reduce recreation opportunities at any state park or recreation area (Formerly Sec. 702).

Sec. 1203.  Timber Marking – REVISED

Directs DNR, 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; be responsive to changes in regional markets for timber products; impact of timber harvest on wildlife habitat and recreation uses to be considered; requires quarterly report (Formerly Sec. 804).

Sec. 1204.  Jordan River Snowmobile TrailVETOED

Requires DNR to allow access across state-owned land to connect Jordan River Trail to the Village of Bellaire.

Sec. 1207.  Timber Sale Bidding ProcessNEW

Requires DNR to work with stakeholders to review bidding process and implement needed changes; requires report.

Sec. 1601.  Federal Historic Preservation Grants: Work Project DesignationNEW

Provides work project status to federal grants for local historic preservation projects.

Sec. 1602.  Michigan Heritage FundNEW

Revenues collected through the Michigan Heritage Fund are appropriated, and available for expenditure upon receipt.

Sec. 1603.  Museum Store Revolving FundNEW

Contract expenditures for the Museum Store are exempt from the Management and Budget Act.

Sec. 1604.  Freedom Trail Funding NEW

Requires $25,000 funding for historical administration and services be appropriated for the Freedom Trail Commission.

Sec. 1605.  Proceeds from Artifact Auctions, Sales, or TransfersNEW

Funds received through the excess of unneeded artifacts by the Historical Museum are appropriated to the DNR for the purpose of obtaining other items desired for the historical collection of the State Historical Museum.

Sec. 1701.  Consolidation Savings VETOED

Provides that the negative appropriation for savings realized from creating a single department from DEQ and DNR shall be satisfied through elimination of duplicative administration, space consolidation and other efficiencies.