FY 2010-11 TRANSPORTATION BUDGET H.B. 5889 (P.A. 192 of 2010): ENACTED WITH VETOES


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FY 2009-10 Year-to-Date Gross Appropriation $3,361,611,100
Changes from FY 2009-10 Year-to-Date:
  Items Included by the Senate and House
1. Debt Service. Reduced funding for debt service payments $4,824,300 and redirected $12,331,400 in Federal revenue no longer needed for debt service to road/bridge programs. 7,507,100
2. State Restricted Revenue. Lower anticipated revenue for road/bridge programs: State Trunkline ($46.6m), County Road Comm. ($17.6m), Cities/Villages ($9.8m), Local Bridges & Other ($4.5m). (78,537,000)
3. Lost Federal Funding. Federal aid lowered due to insufficient match from State funds: $575.0m reduction offset by $100.0m in additional match made possible by $20.0m in STF reductions from other programs (including $12,786,300 from highway maintenance) that moved to road and bridge programs. (475,000,000)
4. Other Revenue-based Adjustments. Expenditures adjusted to reflect anticipated revenue, including $2,932,500 increase to reflect statutory floors established in Public Act 51, $2,222,900 in Federal funding increases for various programs, & $98,424,400 in Federal/local reductions (including ARRA exhaustion).
Governor vetoed $10,000 of Federal revenue for a funding allocation study (Sec. 394).
  (101,523,800)
Conference Agreement on Items of Difference
5. Economic Adjustments. Standard economic increases, none funded through the General Fund. Conference shifted STF funding to increase Federal match, reflecting eliminated increases for NEREs. 17,551,300
6. Maximize Federal Matching Revenue. To match available Federal revenue: House, $84.0m in GF; Senate, various reductions to shift $84.0m into road & bridge program. Conf. adopted different mix of reductions/shifts: $12.0m in current TEDF revenue, $6.0m in additional STF reductions, $2.6m in diverted capital outlay, $2.0m in eliminating increases to non-represented employees funded by STF. Not subject to appropriation: $10.3m in diverted prior year capital outlay authorizations, $40.0m in short-term borrowing & $11.0m in eligible toll credits. 491,589,400
7. Capital Outlay & Related. Gov./Senate/House increased payments for special maintenance & salt/sand storage facility replacement plus $11.5m in new funding for replacement facilities associated with Blue Water Bridge expansion. Increases were offset by reductions in miscellaneous airport improvement projects. Conference agreed to forego $2.6m in projects and divert funds to maximize Federal road & bridge revenue. 10,423,800
8. Other Changes. Gov./Senate/House restored funding for Give 'Em a Brake safety campaign & intercity bus marketing ($600,000, see boilerplate section); Amtrak funding increases ($467,000); & technical reallocations of costs/savings (-$1,090,300). Senate split maintenance item to allocate both Senate's & Gov./House reductions between State & contract operations. Conference eliminated the Senate reductions and the split.
Governor vetoed $40,000 of TEDF for truck turnouts on forest roads (Sec. 608).
  (63,300)
9. Trans. Econ. Dev. Fund. Gov./Senate/House: $1.0m in matching funds required under statute for a nonprofit street railway--additional legislation required but uses existing funding. Conference: $100 line-item placeholder for transit-oriented development projects, replacing boilerplate in House/Senate.
Governor vetoed $100 placeholder (Sec. 399).
  0
10. Grants to Other Departments. Gov./Senate adjusted funding for grants to other departments, including accounting for DIT/DMB merger, elimination of HAL, & MDOT becoming an accounting service center for Dept. of Agriculture. House kept FY 08-09 grant levels. Conference adopted Gov./Senate.
Governor vetoed $100,000 of MTF revenue for a cost allocation study by Treasury (Sec. 306(3)).
  2,260,700
Total Changes ($125,791,800)
  FY 2010-11 Enacted Gross Appropriation $3,235,819,300
FY 2010-11 TRANSPORTATION BUDGET BOILERPLATE HIGHLIGHTS

Changes from FY 2009-10 Year to Date:
  Items Included by the Senate and House
1. Public Passenger Transportation Properties. Added language to allow revenue to pay costs to improve property, rather than just maintain property, as under current law. (Sec. 305)
2. Rest Area Maintenance Signs. Gov. deleted language regarding responsible parties. Senate/House restored. (Sec. 319)
3. NEW -- IRS Debt Service Refinancing. Restricted funds from 2009 CTF refunding bonds to reflect IRS rules. (Sec. 745)
Conference Agreement on Items of Difference
4. Reporting Requirements. Gov. deleted reporting requirements from many sections, including: privatization efforts (Sec. 207), policy changes in implementing legislation (Sec. 263), continuous improvement efforts (Sec. 264), local road funding by legislative district (Sec. 303), compliance with contract specifications (Sec. 308), internal audit reports (Sec. 314), women/minority-owned businesses (Sec. 334), FTE positions (Sec. 358), electronic newsletters (Sec. 374), select deferred projects (Sec. 376), State-owned aircraft usage (Sec. 383), funding distribution formulas (Sec. 394), performance & construction warranties (Sec. 601), manufactured pipes for drainage (Sec. 602), the Ann Arbor & NW Michigan RR (Sec. 741), & airport capital outlay projects (Sec. 902). Gov. also deleted language requiring notification of RR line abandonment (Sec. 703) & imposed new reporting requirements on a nonprofit street railway (Sec. 398). Senate restored deleted reporting requirements. House restored all but Secs. 263, 264, 376, 394 & 741. Conf. restored all but Sec. 264.
Governor vetoed Section 394.
  5. Administration Operations. Gov. deleted language regarding guidelines for records retention, disciplining employees for communicating with the legislature, rules with a disproportionate impact on small business, posting department expenditure information on the web, & imposing a hiring freeze. Senate restored the language (Secs. 205, 211, 261, 263, & 266), while House restored all but Sec. 263. Conference followed Senate, but incorporated Sec. 358 reporting language into Sec. 266.
6. Travel Restrictions. Gov. deleted language allowing exceptions to the guidelines on out-of-State travel as well as reporting of any exceptions, plus sections regarding travel for professional development. Senate restored the language (Secs. 260, 265), while House only restored Sec. 260. Conference followed House.
7. Prior Year Vetoes. Gov./House/Senate restored funding for two vetoes in FY 2009-10 budget but deleted associated boilerplate. Senate restored boilerplate for "Give 'Em a Brake" Program. (Sec. 324) Conference omitted the language.
8. Legislative Intent. Gov. deleted a number of sections specifying legislative intent, especially regarding construction or road operations (Secs. 395, 399, 607, 610, 612, 615, 654, 655, 656, 658, 661, 737, 743, & 744). Senate restored Secs. 395, 612, 615, 654, 656, 658, 661, & added 662, 663 & 664. House restored Secs. 607, 610, 612, 615, 654, 743 & added 399 & 604. Conference added all restored sections except 399 and 663, kept 604, and added a new 399 and 665.
Governor vetoed Section 399.
  9. Detroit River International Crossing (DRIC). Gov./House did not include. Senate replaced language with reporting requirements regarding any activities & prohibiting expenditures unless enabling legislation for DRIC is enacted. (Sec. 384) Conference modified reporting requirements, prohibited new contracts and authorized $750,000 for existing contracts.
10. Transportation Economic Development Fund. House/Senate used a placeholder to provide different levels of matching funds for transit-oriented development projects. (Sec. 398) Conference converted to a line item & added a new Sec. 399.
11. Operations. Gov. deleted language regarding: prompt payment of contractors/subcontractors (Sec. 353), promoting best practices (Sec. 393), traffic congestion as a criteria in the 5-year plan (Sec. 603), earmarking $40,000 for two additional truck inspection stations on forest roads (Sec. 608), using historical data on pavement projects (Sec. 659), promoting recycled materials in projects (Sec. 660), designating essential bus corridors (Sec. 709), rate charges on State-owned intermodal facilities (Sec. 731), & protocols for public transit agencies (Sec. 734). Senate restored and added language for a cost allocation study by Treasury (Sec. 306(3)). House restored all, but modified Sec. 709. Conference followed Senate.
Governor vetoed Sections 306(3) and 608.
  12. Matching Funds. Gov. deleted sections on using certain funds as matching funds for FTA bus acquisition (Sec. 721) & reverse commute grants (Sec. 722). Senate restored Section 721, House restored 722. Conference restored no sections.
13. NEW - Complete Streets. House added Secs. 321, 322 & 324 with language concerning complete street policies. Conference kept Sec. 321, and modified Sec. 322 to require the Department provide assistance if requested by universities.
14. NEW - Multi-modal Planning Expertise. House added Sec. 323 to require inclusion of staff with multi-modal expertise in certain project development. Conference did not include.
15. NEW - Regional Transit Authority Start-up Funding. House earmarked $100 for funding. Conference did not include.
16. NEW - Privately Generated Toll Credits. Conference added Sec. 385 to prohibit toll credits generated by a private tolled bridge from funding any international bridge within 5 miles of the private tolled bridge.
?? ?? ?? ?? Bill Analysis @ http://www.senate.michigan.gov/sfa Date Completed: 10-14-10 Fiscal Analyst: David Zin HItrn_en.doc