NATURAL RESOURCES & ENVIRONMENTAL PROTECTION

HB 4446, CR-1

Summary:  FY 2009-10 Conference Committee

Analyst:  Kirk Lindquist

FY 2009-10

FY 2009-10

FY 2009-10

FY 2009-10

Difference:  Conference

From FY 2008-09 YTD

FY 2008-09 YTD

Executive

House

Senate

Conference

Amount

%

IDG/IDT

$22,515,600

$11,235,800

$11,235,800

11,235,800

12,322,900

($10,192,700)

(45.3)

Federal

432,090,700

186,869,600

184,113,000

184,363,000

253,070,700

(179,020,000)

(41.4)

Local

0

0

0

0

0

0

0

Private

4,881,500

6,040,000

5,927,400

5,927,400

6,040,000

1,158,500

23.7

Restricted

392,007,100

392,506,000

385,294,000

385,903,300

389,180,100

(6,103,800)

(1.6)

GF/GP

48,471,600

51,573,600

42,679,200

36,488,500

43,674,400

(4,797,200)

(9.9)

Gross

$899,966,500

$648,225,000

$629,249,400

$623,918,000

$704,288,100

($195,678,400)

(21.7)


FTEs

3,700.6

3,751.6

3,578.4

3,592.6

3,712.0

11.4

0.3

Note:  FY 2008-09 figures reflect supplementals and Executive Order (EO) actions throughJune 12, 2009.

Overview

The budgets for the Departments of Environmental Quality and Natural Resources are included in this appropriations bill.

General Sections of Boilerplate

Sec. 223.  Rule PromulgationDELETED

Requires a report on any policy changes made to implement a public act; DEQ is not allowed to adopt a rule that will apply to a small business if it has a disproportionate economic impact.

Sec. 226.  Out-of-State State Employee TrainingDELETED

Stipulates that only one state employee may participate in training seminars or professional development conference, unless paid by non-state funds or multiple issues outside of a participants area of expertise are addressed.

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 2008-09DELETED

Requires a report of DEQ expenditures in a publicly accessible internet site including the purpose for which the expenditures were made, if funding is available.

Sec. 230.  MuskratLake Water LevelsDELETED

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

Sec. 231.  Pending PermitsNEW

Any permit application pending after a period of 2 years shall be considered administratively complete onJanuary 1, 2010.

Sec. 237.  Best Available Retrofit TechnologiesNEW

Requires the department to use Best Available Retrofit Technology (BART) standards in actions taken on air pollution permits. Department to pay if a feasibility study of BART is required.

Sec. 238.  Program Comparisons With Other StatesNEW

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

Sec. 240.  Permit Program EfficienciesNEW

Requires Department to study its permit program and report steps to create program efficiencies.

Sec. 241.  Beverage Container FraudNEW

Requires department to implement 2008PA389.

House Fiscal Agency                                                                                                                             9/29/09

ENVIRONMENTAL QUALITY

HB4439, CR-1

Summary:  FY 2009-10 Conference Committee

Analyst:  Kirk Lindquist

FY 2009-10

FY 2009-10

FY 2009-10

FY 2009-10

Difference:  Conference

From FY 2008-09 YTD

FY 2008-09 YTD

Executive

House

Senate

Conference

Amount

%

IDG/IDT

$18,843,900

$7,433,600

$7,433,600

$7,433,600

$8,520,700

($10,323,200)

(54.8)

Federal

378,433,600

129,599,300

129,349,300

129,599,300

180,218,200

(198,215,400)

(52.4)

Local

0

0

0

0

0

0

0

Private

555,700

658,900

658,900

658,900

658,900

103,200

18.6

Restricted

171,070,700

176,232,300

170,716,000

171,454,300

172,641,300

1,570,600

0.9

GF/GP

38,579,700

33,127,900

33,127,900

26,927,900

26,950,500

(11,629,200)

(30.1)

Gross

$607,483,600

$347,052,000

$341,285,700

$336,074,000

$388,989,600

($218,494,000)

(36.0)


FTEs

1,532.7

1,480.7

1,480.7

1,480.7

1,496.1

(36.6)

(2.4)

 

Note: FY 2008-09 figures reflect supplementals, transfers, and Executive Order (EO) actionsthrough September 18, 2009.

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 Issues

·                      Fund Shifts to Restricted Fees ($3,914,500):

Cleanup Revitalization Program (GF/GP to Environmental Protection Fund)

Storage Tank Cleanup Programs (GF/GP to Refined Petroleum Fund)

Solid Waste Programs (GF/GP to Solid Waste Program Fees)

·                      Drinking Water Revolving Fund Match eliminated ($2,062,500)

·                     Smaller program reductions/eliminations ($2,703,800):

Aquifer protection, asbestos removal inspections, air program education/outreach, water quality monitoring, lab certification, radiological protection, treatment plant operator certification & training

·                     Necessary Legislation: Air Renewable Operating Permit Fee changes and increases, sunsets for storm water and NPDES Fees, Wetlands regulations,Marina operating permits, Aquifer Protection Program

·                     One-time Federal Stimulus Grant funding deleted: ($248,600,000).

·                     New Federal Program Added: Great Lakes Restoration Initiative: $50,000,000.

Major Budget Changes From FY 2008-09 YTD Appropriations

FY 2008-09 YTD

Conference Change

From YTD

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

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

Current year funding levels:

Field Permitting                                                                                $2.5 million

Great Lakes Shorelands.............................................................. $0.7 million

Water Management   $0.7 million

Information Technology................................................................ $0.1 million

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

IDG/IDT

Federal

Private

Restricted

GF/GP

$607,483,600

18,843,900

478,433,600

555,700

171,070,700

$38,579,700

($2,469,900

0

0

0

0

($2,469,900)

3.      Contaminated Site Cleanup Program

Revenue collected from a 2008 settlement is appropriated from the Environmental Response Fund for site clean up and remediation.  Funding from the Cleanup Redevelopment Fund is reduced: $6,000,000.

Gross

Private

Restricted

GF/GP

$22,973,700

155,700

20,788,500

$2,029,500

$0

0

0

$0

4.      Environmental Protection Fund Funding Shifts

GF/GP reduced and replaced by appropriations from the Environmental Protection Fund.

Appropriations are made in boiler plate, shifting $1,000,000 from the Cleanup and Redevelopment Trust Fund, and $1,000,000 from the Community Pollution Prevention Fund to the Environmental Protection Fund.

Gross

Private

Restricted

GF/GP

$23,973,700

155,700

20,788,500

$2,029,500

$0

0

2,000,000

($2,000,000)

5.      Waste and Hazardous Materials Funding Shifts

GF/GP support for the Above Ground Storage Tank, and Underground Storage Tank Programs reduced and replaced with Refined Petroleum Fund (1,400,000). The Solid Waste Management Fund Staff Account (500,300) was reduced and 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)

6.      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)

7.      Air Quality: Asbestos and Technical Assistance/Outreach

Technical Assistance program for asbestos remediation eliminated.

FTE

Gross

Federal

Restricted

GF/GP

236.5

$25,962,000

6,201,100

12,334,200

$7,426,700

(3.0)

($998,000)

0

(100,000)

($898,000)

8.      Pollution Prevention Workshops

Compliance Assistance Workshop programs eliminated.

FTE

Gross

Federal

Restricted

GF/GP

48.0

$4,992,600

507,400

3,575,000

$910,200

(5.0)

($897,100)

0

0

($897,100)

9.      On-site Wastewater Program

Program eliminated.

Gross

Federal

Restricted

GF/GP

$16,176,600

11,788,500

1,386,300

$3,001,800

($600,000)

0

0

($600,000)

10.    Oil and Gas Regulatory Fund Funding Shifts

Inspection fee revenue for various programs in the Office of Geological Survey replaced by Oil and Gas permit fee revenue, reflecting reassignment of program staff to permit inspections and regulatory support ($780,000).

Gross

Restricted

$780,000

$780,000

$0

$0

11.    Aquifer Protection Program

Programeliminated: revenue insufficient to support program.

Gross

Restricted

$400,000

400,000

($400,000)

(400,000)

12.    Retired Engineers Technical Assistance Program: DELEG

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

Gross

Restricted

$1,474,300

$1,474,300

($1,474,300)

($1,474,300)

13.    SoutheastMichigan Diesel Emissions Reduction Grant

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

Gross

Federal

Private

NA

$500,000

200,000

$300,000

14.    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)

15.    Air Quality Fees: Renewable Operating Permit Program

Restricted fee would continue the current year GF/GP offset related to Executive Order 2008-21

Gross

Restricted

NA

$130,000

$130,000

16.    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. 223.  Rule Promulgation DELETED

Requires a report on any policy changes made to implement a public act; DEQ is not allowed to adopt a rule that will apply to a small business if it has a disproportionate economic impact.

Sec. 226.  Out-of-State State Employee TrainingDELETED

Stipulates that only one state employee may participate in training seminars or professional development conference, unless paid by non-state funds or multiple issues outside of a participants area of expertise are addressed.

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 2008-09DELETED

Requires a report of DEQ expenditures in a publicly accessible internet site including the purpose for which the expenditures were made, if funding is available.

Sec. 230.  MuskratLake Water LevelsDELETED

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

Sec. 231.  Pending PermitsNEW

Any permit application pending after a period of 2 years shall be considered administratively complete onJanuary 1, 2010.

Sec. 237.  Best Available Retrofit TechnologiesNEW

Requires the department to use Best Available Retrofit Technology (BART) standards in actions taken on air pollution permits. Department to pay if a feasibility study of BART is required.

Sec. 238.  Program Comparisons With Other StatesNEW

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

Sec. 240.  Permit Program EfficienciesNEW

Requires Department to study its permit program and report steps to create program efficiencies.

Sec. 241.  Beverage Container FraudNEW

Requires department to implement 2008PA389.

Sec. 301.  Intent to Fully Fund the Wetlands ProgramNEW

Legislature intends to enact a supplemental budget to fully fund the wetland regulatory program with restricted revenues.

Sec. 501.  WMU Geologic Core Research LaboratoryDELETED

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

Sec. 301.  Wetlands Protection Program SupplementalNEW

Gives legislative intent to address funding needs for the wetlands regulatory program if amendatory legislation eliminating the program is not passed byOctober 1, 2009.

Sec. 702.  Peer-Reviewed Site Cleanup CriteriaDELETED

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

Sec. 703.  Refined Petroleum Cleanup Site ListDELETED

Lists cleanup projects funded through the refined petroleum cleanup program.

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

Transfers $1,000,000 from the Cleanup and Redevelopment Trust Fund to the Environmental Protection Fund.

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

Transfers $1,000,000 from the Community Pollution Prevention Fund to the Environmental Protection Fund.

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

Transfers $1,500,000 from the Solid Waste Management Fund to the Solid Waste Management Fund Staff Account.

Sec. 801.  Construction Permit Site Review BoardDELETED

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

Sec. 901 (current year)  Water Quality Enforcement ReportDELETED

Requires report on enforcement and program activities funded from National Pollution Discharge Elimination System Fund.

Sec. 902.  Contaminated Lake and River Sediments Cleanup FundingDELETED

Re-appropriates Clean Michigan Initiative funding for theContaminatedLake 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. 1102.  Scrap Tire Fire Suppression CostsDELETED

Provides $100,000 for grants to communities for scrap tire suppression costs, provided that owner liability bonds and other available funding sources have been exhausted.

Sec. 1103.  Real-Time Water Quality MonitoringDELETED

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


NATURAL RESOURCES

HB 4446, CR-1

Summary:  FY 2009-10 Conference Committee

Analyst:  Kirk Lindquist

FY 2009-10

FY 2009-10

FY 2009-10

FY 2009-10

Difference:  House

From FY 2008-09 YTD

FY 2008-09 YTD

Executive

House

Senate

Conference

Amount

%

IDG/IDT

$3,671,700

$3,802,200

$3,802,200

3,802,200

3,802,200

130,500

3.6

Federal

53,657,100

57,270,300

54,763,700

54,763,700

72,852,500

19,195,400

35.8

Local

0

0

0

0

0

0

0

Private

4,325,800

5,381,100

5,268,500

5,268,500

5,381,100

1,056,100

24.4

Restricted

220,936,400

216,273,700

214,578,000

214,449,000

216,538,800

(4,397,600)

(2.0)

GF/GP

9,891,900

18,445,700

9,551,300

9,560,600

16,723,900

6,832,000

69.1

Gross

$292,482,900

$301,173,000

$287,963,700

$287,844,000

$315,298,500

$22,815,600

7.8


FTEs

2,173.9

2,170.9

2,114.9

2,111.9

2,215.9

42.0

1.9

 

Note:  FY 2008-09 figures reflect supplementals, transfers, and Executive Order (EO) actions throughSeptember 18, 2009.

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 Issues

·                      Recommends Consolidation with Department of Environmental Quality

·                      New Federal Program Added: Great Lakes Restoration Initiative: $15,000,000

·                     Programs transferred from the Dept. of History, Arts and Libraries in Executive are included: $10,991,200

·                     Game and Fish Protection Fund programs reduced to reflect reduced revenue: ($8,964,200)

·                      Federal grant increase for trail development: $1,800,000

·                      Snowmobile trail easement purchases: $700,000

·                      Capital Outlay: Parks, Forestry, Waterways: $2,798,200 increase; Gross: $16,991,200

·                      State Park Motor Vehicle Permit Increase (no increase in appropriation)

·                      Rebase funded full time positions: Reduced Exec. Rec. by 59.0 FTE

Major Budget Changes From FY 2008-09 YTD Appropriations

FY 2008-09 YTD

Conference Change

From YTD

 

1.      Consolidation with Department of Environmental Quality

The Departments of Natural Resources and Environmental Quality are to be merged.  Administrative savings of $350,000 is assumed and will be implemented through the legislative transfer process. Any additional General Fund savings realized through realignment and field office consolidation is to be lapsed at year end.  This recommendation is contingent upon issuance and legislative acceptance of a facilitating executive order.

Gross

IDG/IDT

Federal

Private

Restricted

GF/GP

$292,482,900

3,671,700

53,657,100

4,325,800

220,936,400

$9,891,900

($350,000)

0

0

0

0

($350,000)

 

2.      Historic and Museum Programs: Transferred from DHAL

Historical programs are transferred from the Department of History, Arts and Libraries:

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

State Museum  $3.2 million

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

Heritage Publications.................................................................... $1.0 million

Freedom Trail   $0.03 million

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

Mann House     $0.1 million

State Rent (BOC)............................................................................ $0.9 million

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

FTE

Gross

Private

Restricted

GF/GP

NA

101.0

$10,991,200

112,600

3,030,7000

$7,847,900

 

3.      Game and Fish Protection Fund Supported Programs: Reduced

Several programs reduced to reflect expected revenue shortfalls in the Game and Fish Protection Fund-General Purpose:

Administrative Units (Various)......................................................... $955,000

Land and Facilities............................................................................ $400,000

Wildlife Management..................................................................... $1,700,000

Fish Production                                                                                   $700,000

Fisheries Resource Management.............................................. $2,200,000

Forestry: Coop. Resource Programs............................................. $220,700

Forest Management Initiatives........................................................... $38,500

Law Enforcement............................................................................ $2,550,000

Inland Fisheries Grants.................................................................... $200,000

Gross

Restricted

$64,513,700

$64,513,700

($8,964,200)

($8,964,200)

 

4.      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 and an additional 10% cut in programs transferred from DHAL.  Reductions include Cooperative Resource Programs (101,100), Forest Recreation (100,000), Historical Administration (141,700), and Heritage Publications (345,900).

Gross

IDG/IDT

Federal

Private

Restricted

GF/GP

$294,528,400

3,802,200

53,802,100

4,745,000

222,287,200

$9,891,100

($1,180,900)

0

0

0

0

($1,180,900)

 

 

5.      National Recreational Trails Grants

TheMichigan share for this grant program for trail development and maintenance is increased.  Funds are awarded through a competitive application 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 other 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

Revenueincreases, 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, realized through the recently approved fee increase, will be used to purchase or lease easements to lengthen or create snowmobile trails.

Gross

Restricted

$0

$0

$700,000

$700,000

 

9.      Capital Outlay

Proposed funding for FY2009-10 would support state park, forestry, and waterways construction and infrastructure maintenance projects.  State Park Endowment Fund support replaces Park Improvement revenue ($2,000,000).

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.    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

NA

$4,150,100

528,800

23,500

3,393,100

$204,700

 

Major Boilerplate Changes From FY 2008-09

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.  House added requirement to recalculate the number of fundedFTE positions onOctober 15, 2009.

Sec. 222. FTE Monthly ReportNEW

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

Sec. 223.  Detailed Allotment InformationNEW

Requires report with detailed allotment detail by item of expense for each line item

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)  MuskratLakeWater ControlDELETED

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

Sec. 229. DNR/DEQ Department ConsolidationNEW

Legislative intent to re-combine the Department of Environmental Quality and the Department of Natural Resources.

Sec. 706.  Payments in Lieu of Taxes: Report to Department of TreasuryREVISED

DirectsDNR to provide billing information related to payments in lieu of taxes to Michigan Department of Treasury within 10 days of receipt.

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.

Sec. 603.  (Current Law)  Fish Hatchery OperationsDELETED

Requires thatDNR operate six fish hatcheries.

Sec. 1002.  State Park Campground ClosuresREVISED

Requires notice ifDNR intends to reduce operations or reduce recreation opportunities at any state park or recreation area.

Sec. 1203.  Timber Marking –REVISED

DirectsDNR, 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.

Sec. 1207.  TimberSale Bidding ProcessNEW

Suggests that the department should address and resolve timber sale bidding problems beforeMarch 31, 2010.

Sec. 902. Island LakeShootingRange Concession ContractDELETED

Requires public notice of the expiration date or adoption of amendments to the concession contract to operate theIslandLakeShootingRange.

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 IntentNEW

Legislative intent regarding the use of appropriated funds for the Freedom Trail Commission.

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

Funds received through the excess of unneeded artifacts by theHistoricalMuseum are appropriated for the purpose of other items desired for the historical collection of theState Historical Museum.