HB-4446, As Passed House, June 18, 2009
SUBSTITUTE FOR
HOUSE BILL NO. 4446
A bill to make appropriations for the departments of
environmental quality and natural resources for the fiscal year
ending September 30, 2010; to provide for the expenditure of those
appropriations; to create funds and accounts; to require reports;
to prescribe certain 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 departments of
environmental quality and natural resources for the fiscal year
House Bill No. 4446 (H-1) as amended June 18, 2009
ending September 30, 2010, from the funds indicated in this part.
The following is a summary of the appropriations in this part:
TOTAL NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION
APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 11.0
Full-time equated classified positions........ 3,567.4
GROSS APPROPRIATION.................................... $ [626,578,400]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 11,235,800
ADJUSTED GROSS APPROPRIATION........................... $ [615,342,600]
Federal revenues:
Total federal revenues................................. 184,995,000
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 5,927,400
Total other state restricted revenues.................. [386,115,500]
State general fund/general purpose..................... $ 38,304,700
Sec. 102. DEPARTMENT OF ENVIRONMENTAL QUALITY
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 5.0
Full-time equated classified positions........ 1,458.5
GROSS APPROPRIATION.................................... $ [338,614,700]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 7,433,600
House Bill No. 4446 (H-1) as amended June 18, 2009
ADJUSTED GROSS APPROPRIATION........................... $ [331,181,100]
Federal revenues:
Total federal revenues................................. 130,231,300
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 658,900
Total other state restricted revenues.................. [171,537,500]
State general fund/general purpose..................... $ 28,753,400
FUND SOURCE SUMMARY
Full-time equated unclassified positions.......... 5.0
Full-time equated classified positions........ 1,458.5
GROSS APPROPRIATION.................................... $ [338,614,700]
Interdepartmental grant revenues:
IDG-MSP................................................ 898,600
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 4,481,600
Total interdepartmental grants and intradepartmental
transfers............................................ 7,433,600
ADJUSTED GROSS APPROPRIATION........................... $ [331,181,100]
Federal revenues:
Federal funds.......................................... 130,231,300
Total federal revenues................................. 130,231,300
Special revenue funds:
Total local revenues................................... 0
Private funds.......................................... 658,900
Total private revenues................................. 658,900
Total local and private revenues....................... 658,900
Aboveground storage tank fees.......................... 371,200
Air emissions fees..................................... 9,661,700
Campground fund........................................ 242,900
Clean Michigan initiative fund - administration........ 122,000
Clean Michigan initiative fund - clean water fund...... 3,770,800
Cleanup and redevelopment fund......................... 6,550,800
Community pollution prevention fund.................... 250,000
Electronic waste recycling fund........................ 245,000
Environmental education fund........................... 251,500
Environmental pollution prevention fund................ 1,284,200
Environmental protection fund.......................... 6,103,300
Environmental response fund............................ 11,584,700
Fees and collections................................... 404,100
Financial instruments.................................. 5,000,000
Great Lakes protection fund............................ 1,615,700
Groundwater discharge permit fees...................... 1,260,300
Hazardous material transportation permit fund.......... 224,400
Infrastructure construction fund....................... 404,300
Land and water permit fees............................. 869,400
Landfill maintenance trust fund........................ 57,300
Medical waste emergency response fund.................. 246,200
Metallic mining surveillance fee revenue............... 34,300
Mineral well regulatory fee revenue.................... 175,300
Nonferrous metallic mineral surveillance............... 22,400
NPDES fees............................................. 3,448,600
Oil and gas regulatory fund............................ 8,426,800
Orphan well fund....................................... 2,060,200
House Bill No. 4446 (H-1) as amended June 18, 2009
Public swimming pool fund.............................. 553,300
Public utility assessments............................. 791,900
Public water supply fees............................... 4,005,000
Publication revenue.................................... 76,900
Refined petroleum fund................................. 32,315,600
Restricted funds....................................... 18,066,000
Revitalization revolving loan fund..................... 85,800
Revolving loan revenue bonds........................... 11,400,000
Sand extraction fee revenue............................ 74,100
Scrap tire regulatory fund............................. 4,789,400
Septage waste contingency fund......................... 38,600
Septage waste program fund............................. 778,100
Settlement funds....................................... [1,884,700]
Sewage sludge land application fees.................... 870,300
Soil erosion and sedimentation control training fund... 117,300
Solid waste management fund - staff account............ 4,606,800
Small business pollution prevention revolving loan
fund................................................. 110,600
Stormwater permit fees................................. 2,861,200
Strategic water quality initiatives fund............... 10,000,000
Underground storage tank fees.......................... 2,170,200
Waste reduction fee revenue............................ 3,988,600
Wastewater operator training fees...................... 175,000
Water analysis fees.................................... 3,311,200
Water pollution control revolving fund................. 3,128,300
Water quality protection fund.......................... 100,000
Water use reporting fees............................... 551,200
House Bill No. 4446 (H-1) as amended June 18, 2009
Total other state restricted revenues.................. [171,537,500]
State general fund/general purpose..................... $ 28,753,400
(2) EXECUTIVE OPERATIONS AND DEPARTMENT SUPPORT
Full-time equated unclassified positions.......... 5.0
Full-time equated classified positions........... 81.0
Unclassified salaries--5.0 FTE positions............... $ 487,600
Administrative hearings................................ 457,000
Executive direction--17.0 FTE positions................ 2,200,500
Central operations--57.0 FTE positions................. 5,326,500
Office of the Great Lakes--7.0 FTE positions........... 1,028,400
Automated data processing.............................. 2,053,400
Environmental support projects......................... 5,000,000
Building occupancy charges............................. 6,669,000
Rent - privately owned property........................ 2,145,900
GROSS APPROPRIATION.................................... $ 25,368,300
Appropriated from:
Interdepartmental grant revenues:
IDG-MSP................................................ 113,500
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 530,400
Federal revenues:
Federal funds.......................................... 384,000
Special revenue funds:
Environmental education fund........................... 251,500
Financial instruments.................................. 5,000,000
Great Lakes protection fund............................ 615,700
Restricted funds....................................... 11,475,100
Settlement funds....................................... 106,700
State general fund/general purpose..................... $ 4,838,000
(3) AIR QUALITY
Full-time equated classified positions.......... 236.5
Air quality programs--236.5 FTE positions.............. $ 25,858,700
GROSS APPROPRIATION.................................... $ 25,858,700
Appropriated from:
Federal revenues:
Federal funds.......................................... 6,473,500
Special revenue funds:
Air emissions fees..................................... 9,262,000
Environmental response fund............................ 108,900
Fees and collections................................... 307,600
Oil and gas regulatory fund............................ 110,400
Refined petroleum fund................................. 2,921,300
State general fund/general purpose..................... $ 6,675,000
(4) OFFICE OF POLLUTION PREVENTION AND COMPLIANCE
ASSISTANCE
Full-time equated classified positions........... 47.0
Pollution prevention and technical assistance--47.0
FTE positions........................................ $ 5,968,000
GROSS APPROPRIATION.................................... $ 5,968,000
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
Federal funds.......................................... 818,400
Special revenue funds:
Private funds.......................................... 500,000
Air emissions fees..................................... 399,700
Settlement funds....................................... 227,200
Small business pollution prevention revolving loan
fund................................................. 110,600
Waste reduction fee revenue............................ 3,912,100
State general fund/general purpose..................... $ 0
(5) OFFICE OF GEOLOGICAL SURVEY
Full-time equated classified positions........... 60.0
Coal and sand dune management--1.0 FTE positions....... $ 132,800
Metallic mining reclamation program--1.0 FTE positions. 34,300
Mineral wells management--2.0 FTE positions............ 175,300
Nonferrous metallic mining--1.0 FTE positions.......... 22,400
Services to oil and gas programs--53.0 FTE positions... 8,393,300
Well plugging-orphan wells--2.0 FTE positions.......... 2,060,200
GROSS APPROPRIATION.................................... $ 10,818,300
Appropriated from:
Federal revenues:
Federal funds.......................................... 58,700
Special revenue funds:
Metallic mining surveillance fee revenue............... 34,300
Mineral well regulatory fee revenue.................... 175,300
Nonferrous metallic mineral surveillance............... 22,400
Oil and gas regulatory fund............................ 8,316,400
Orphan well fund....................................... 2,060,200
Publication revenue.................................... 76,900
Sand extraction fee revenue............................ 74,100
State general fund/general purpose..................... $ 0
(6) LAND AND WATER MANAGEMENT
Full-time equated classified positions........... 99.0
Land and water interface programs--71.0 FTE positions.. $ 7,880,500
Wetlands protection.................................... 100
Program direction and project assistance--28.0 FTE
positions............................................ 2,677,300
GROSS APPROPRIATION.................................... $ 10,557,900
Appropriated from:
Federal revenues:
Federal funds.......................................... 3,703,400
Special revenue funds:
Land and water permit fees............................. 314,200
State general fund/general purpose..................... $ 6,540,300
(7) REMEDIATION AND REDEVELOPMENT
Full-time equated classified positions.......... 349.0
Federal cleanup project management--60.0 FTE positions. $ 8,517,200
Superfund cleanup...................................... 3,000,000
Contaminated site investigations, cleanup and
revitalization--230.0 FTE positions.................. 24,007,500
Emergency cleanup action............................... 4,000,000
Refined petroleum product cleanup program.............. 20,000,000
Environmental cleanup support.......................... 1,840,000
Laboratory services--59.0 FTE positions................ 7,368,700
GROSS APPROPRIATION.................................... $ 68,733,400
Appropriated from:
Interdepartmental grant revenues:
IDT, laboratory services............................... 3,800,300
Federal revenues:
Federal funds.......................................... 8,620,200
Special revenue funds:
Private funds.......................................... 158,900
Cleanup and redevelopment fund......................... 6,550,800
Environmental protection fund.......................... 6,103,300
Environmental response fund............................ 11,305,000
Landfill maintenance trust fund........................ 57,300
Public water supply fees............................... 257,200
Refined petroleum fund................................. 26,932,700
Revitalization revolving loan fund..................... 85,800
Settlement funds....................................... 1,550,700
Water analysis fees.................................... 3,311,200
State general fund/general purpose..................... $ 0
(8) WASTE AND HAZARDOUS MATERIALS DIVISION
Full-time equated classified positions.......... 170.0
Hazardous waste management program--57.0 FTE positions. $ 5,987,700
Low-level radioactive waste authority--2.0 FTE
positions............................................ 791,900
Medical waste program--2.0 FTE positions............... 246,200
Radiological protection program--12.0 FTE positions.... 1,036,800
Scrap tire regulatory program--11.0 FTE positions...... 1,089,400
Solid waste management program--45.0 FTE positions..... 4,928,300
Underground storage tank program--33.0 FTE positions... 3,588,100
Aboveground storage tank program--8.0 FTE positions.... 774,600
GROSS APPROPRIATION.................................... $ 18,443,000
Appropriated from:
Interdepartmental grant revenues:
IDG-MDSP............................................... 757,100
Federal revenues:
Federal funds.......................................... 4,039,600
Special revenue funds:
Aboveground storage tank fees.......................... 371,200
Electronic waste recycling fund........................ 245,000
Environmental pollution prevention fund................ 1,284,200
Hazardous materials transportation permit fund......... 224,400
Medical waste emergency response fund.................. 246,200
Public utility assessments............................. 791,900
Refined petroleum fund................................. 1,404,500
Scrap tire regulatory fund............................. 1,089,400
Solid waste management fund - staff account............ 4,606,800
Underground storage tank fees.......................... 2,170,200
Waste reduction fee revenue............................ 76,500
State general fund/general purpose..................... $ 1,136,000
(9) WATER DIVISION
Full-time equated classified positions.......... 396.0
Drinking water and environmental health--120.0 FTE
positions............................................ $ 15,220,300
Surface water--106.8 FTE positions..................... 15,453,200
NPDES nonstormwater program--98.2 FTE positions........ 11,253,800
Groundwater discharge--22.0 FTE positions.............. 2,994,500
Municipal assistance--37.0 FTE positions............... 5,334,700
Sewage sludge land application program--6.0 FTE
positions............................................ 870,300
Water withdrawal assessment program--3.0 FTE positions. 603,000
Expedited water/wastewater permits--3.0 FTE positions.. 404,300
Fish contaminant monitoring contracts.................. 316,100
GROSS APPROPRIATION.................................... $ 52,450,200
Appropriated from:
Federal revenues:
Federal funds.......................................... 21,781,500
Special revenue funds:
Campground fund........................................ 242,900
Clean Michigan initiative fund - administration........ 122,000
Clean Michigan initiative fund - clean water fund...... 3,770,800
Environmental response fund............................ 170,800
Fees and collections................................... 96,500
Groundwater discharge permit fees...................... 1,260,300
Infrastructure construction fund....................... 404,300
Land and water permit fees............................. 555,200
NPDES fees............................................. 3,448,600
Public swimming pool fund.............................. 553,300
Public water supply fees............................... 2,347,800
Refined petroleum fund................................. 973,400
Septage waste contingency fund......................... 38,600
Septage waste program fund............................. 378,100
Sewage sludge land application fees.................... 870,300
Soil erosion and sedimentation control training fund... 117,300
Stormwater permit fees................................. 2,861,200
Strategic water quality initiatives fund............... 400,000
Wastewater operator training fees...................... 175,000
Water pollution control revolving fund................. 3,128,300
Water use reporting fees............................... 551,200
State general fund/general purpose..................... $ 8,202,800
(10) CRIMINAL INVESTIGATIONS
Full-time equated classified positions........... 20.0
Environmental investigations--20.0 FTE positions....... $ 2,555,100
GROSS APPROPRIATION.................................... $ 2,555,100
Appropriated from:
Federal revenues:
Federal funds.......................................... 684,000
Special revenue funds:
Restricted funds....................................... 1,013,000
State general fund/general purpose..................... $ 858,100
(11) GRANTS
Water pollution control and drinking water revolving
funds................................................ $ 82,943,000
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
Pollution prevention local grants...................... 250,000
Septage waste compliance grants........................ 400,000
House Bill No. 4446 (H-1) as amended June 18, 2009
Scrap tire grants...................................... 3,700,000
Strategic water quality initiative loans............... 9,600,000
Water quality protection grants........................ 100,000
[Water quality monitoring............................... 100]
GROSS APPROPRIATION.................................... $ [110,096,800]
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
Federal funds.......................................... 82,163,000
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............................. 3,700,000
Septage waste program fund............................. 400,000
[Settlement funds ...................................... 100]
Strategic water quality initiatives fund............... 9,600,000
Water quality protection fund.......................... 100,000
State general fund/general purpose..................... $ 0
(12) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 7,765,000
GROSS APPROPRIATION.................................... $ 7,765,000
Appropriated from:
Interdepartmental grant revenues:
IDT, laboratory services............................... 150,900
IDG from MSP........................................... 28,000
Federal revenues:
Federal funds.......................................... 1,505,000
Special revenue funds:
Restricted funds....................................... 5,577,900
State general fund/general purpose..................... $ 503,200
Sec. 103. DEPARTMENT OF NATURAL RESOURCES
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,108.9
GROSS APPROPRIATION.................................... $ 287,963,700
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 3,802,200
ADJUSTED GROSS APPROPRIATION........................... $ 284,161,500
Federal revenues:
Total federal revenues................................. 54,763,700
Special revenue funds:
Total private revenues................................. 5,268,500
Total other state restricted revenues.................. 214,578,000
State general fund/general purpose..................... $ 9,551,300
FUND SOURCE SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,108.9
GROSS APPROPRIATION.................................... $ 287,963,700
Interdepartmental grant revenues:
IDG, engineering services to work orders............... 1,972,100
IDG, MacMullan conference center revenue............... 1,413,100
IDG, land acquisition services to work orders.......... 417,000
Total interdepartmental grants and intradepartmental
transfers............................................ 3,802,200
ADJUSTED GROSS APPROPRIATION........................... $ 284,161,500
Federal revenues:
DAG, federal........................................... 13,561,900
DOC, federal........................................... 71,800
DOE, federal........................................... 1,000
DOI, federal........................................... 29,453,800
DHS, federal........................................... 7,485,300
DOT, federal........................................... 3,900,000
EPA, federal........................................... 289,900
Total federal revenues................................. 54,763,700
Special revenue funds:
Private funds.......................................... 5,268,500
Total private revenues................................. 5,268,500
Aircraft fees.......................................... 263,000
Cervidae licensing and inspection fees................. 168,100
Clean Michigan initiative fund......................... 25,500
Commercial forest fund................................. 54,300
Forest recreation account.............................. 1,549,600
Forest development fund................................ 32,361,600
Forest land user charges............................... 569,300
Game and fish protection fund.......................... 56,749,300
Game and fish protection fund - fisheries settlement... 911,500
Game and fish protection fund - deer habitat reserve... 3,172,100
Game and fish protection fund - turkey permit fees..... 1,908,800
Game and fish protection fund - waterfowl fees......... 111,200
Game and fish - wildlife resource protection fund...... 1,689,900
Game and fish protection fund - youth hunting and
fishing education and outreach....................... 46,700
Land exchange facilitation fund........................ 6,295,500
Marine safety fund..................................... 4,823,500
Michigan civilian conservation corps endowment fund.... 250,000
Michigan state parks endowment fund.................... 16,844,100
Michigan state waterways fund.......................... 24,422,000
Michigan natural resources trust fund.................. 2,855,200
Nongame wildlife fund.................................. 707,300
Off-road vehicle trail improvement fund................ 4,772,100
Off-road vehicle safety education fund................. 217,600
Park improvement fund.................................. 39,019,300
Permanent snowmobile trail easement fund............... 700,000
Recreation improvement fund............................ 1,472,900
Shop fees.............................................. 67,300
Snowmobile registration fee revenue.................... 2,328,300
Snowmobile trail improvement fund...................... 9,964,400
Sportsmen against hunger fund.......................... 257,600
Total other state restricted revenues.................. 214,578,000
State general fund/general purpose..................... $ 9,551,300
(2) EXECUTIVE
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 85.8
Commission (including travel expense--per diem)........ $ 85,400
Unclassified salaries.................................. 319,800
Communications--62.3 FTE positions..................... 4,873,600
Executive direction--18.0 FTE positions................ 2,159,800
Legal coordination--5.5 FTE positions.................. 549,100
GROSS APPROPRIATION.................................... $ 7,987,700
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
DHS, federal........................................... 45,700
DOI, federal........................................... 937,200
Special revenue funds:
Private funds.......................................... 75,900
Forest development fund................................ 375,500
Forestland user charges................................ 2,100
Forest recreation account.............................. 44,000
Game and fish protection fund.......................... 2,482,200
Game and fish protection fund - deer habitat reserve... 81,500
Game and fish protection fund - turkey permit fees..... 33,700
Game and fish protection fund - waterfowl fees......... 900
Game and fish - wildlife resource protection fund...... 35,100
Game and fish protection fund - youth hunting and
fishing education and outreach....................... 46,700
Land exchange facilitation fund........................ 117,400
Marine safety fund..................................... 62,400
Michigan natural resources trust fund.................. 54,200
Michigan state parks endowment fund.................... 175,700
Michigan state waterways fund.......................... 332,200
Nongame wildlife fund.................................. 18,400
Off-road vehicle trail improvement fund................ 30,800
Park improvement fund.................................. 2,393,500
Recreation improvement fund............................ 19,900
Off-road vehicle safety education fund................. 50,700
Snowmobile registration fee revenue.................... 58,500
Snowmobile trail improvement fund...................... 56,600
State general fund/general purpose..................... $ 456,900
(3) ADMINISTRATIVE SERVICES
Full-time equated classified positions........... 46.0
Budget and support services--10.0 FTE positions........ $ 1,123,100
Financial services--23.0 FTE positions................. 2,376,400
Grants administration--13.0 FTE positions.............. 1,281,100
GROSS APPROPRIATION.................................... $ 4,780,600
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
DOI, federal........................................... 204,600
Special revenue funds:
Clean Michigan initiative fund......................... 25,500
Forest development fund................................ 806,400
Forest recreation account.............................. 33,500
Game and fish protection fund.......................... 883,800
Game and fish protection fund - deer habitat reserve... 25,100
Game and fish protection fund - turkey permit fees..... 17,100
Game and fish protection fund - waterfowl fees......... 3,900
Game and fish - wildlife resource protection fund...... 16,400
Land exchange facilitation fund........................ 41,200
Marine safety fund..................................... 129,000
Michigan natural resources trust fund.................. 1,008,600
Michigan state parks endowment fund.................... 125,400
Michigan state waterways fund.......................... 206,300
Nongame wildlife fund.................................. 12,600
Off-road vehicle trail improvement fund................ 13,700
Park improvement fund.................................. 588,700
Recreation improvement fund............................ 10,800
Snowmobile registration fee revenue.................... 31,400
Snowmobile trail improvement fund...................... 86,900
State general fund/general purpose..................... $ 509,700
(4) LAND AND FACILITIES
Full-time equated classified positions............ 134
Land and facilities--134.2 FTE positions............... $ 20,239,100
GROSS APPROPRIATION.................................... $ 20,239,100
Appropriated from:
Interdepartmental grant revenues:
IDG, engineering services to work orders............... 1,972,100
IDG, land acquisition services to work orders.......... 417,000
IDG, MacMullan conference center revenue............... 1,413,100
Special revenue funds:
Forest development fund................................ 1,978,600
Forest land user charges............................... 13,700
Forest recreation fund................................. 11,100
Game and fish protection fund.......................... 6,630,700
Game and fish protection fund - deer habitat reserve... 200,600
Game and fish protection fund - turkey permit fees..... 78,300
Game and fish - wildlife resource protection fund...... 6,200
Land exchange facilitation fund........................ 5,909,600
Marine safety fund..................................... 103,900
Michigan natural resources trust fund.................. 5,900
Michigan state parks endowment fund.................... 134,500
Michigan state waterways fund.......................... 269,800
Off-road vehicle trail improvement fund................ 24,200
Park improvement fund.................................. 511,000
Snowmobile registration fee revenue.................... 40,600
Snowmobile trail improvement fund...................... 79,900
State general fund/general purpose..................... $ 438,300
(5) DEPARTMENTAL OPERATION SUPPORT
Building occupancy charges............................. $ 1,936,900
Rent - privately owned property........................ 490,000
Gifts and bequests..................................... 500,000
GROSS APPROPRIATION.................................... $ 2,926,900
Appropriated from:
Special revenue funds:
Private funds.......................................... 500,000
Forest development fund................................ 583,100
Forest recreation fund................................. 14,900
Game and fish protection fund.......................... 841,700
Game and fish protection fund - deer habitat reserve... 19,800
Game and fish protection fund - turkey permit fees..... 18,900
Game and fish - wildlife resource protection fund...... 7,100
Land exchange facilitation fund........................ 70,900
Marine safety fund..................................... 32,000
Michigan natural resources trust fund.................. 39,000
Michigan state parks endowment fund.................... 199,900
Michigan state waterways fund.......................... 107,400
Park improvement fund.................................. 310,700
Snowmobile trail improvement fund...................... 20,300
State general fund/general purpose..................... $ 161,200
(6) WILDLIFE MANAGEMENT
Full-time equated classified positions.......... 205.0
Cormorant population mitigation program................ $ 75,000
Wildlife management--196.0 FTE positions............... 28,576,800
Natural resources heritage--9.0 FTE positions.......... 1,263,000
State game and wildlife area maintenance............... 750,000
GROSS APPROPRIATION.................................... $ 30,664,800
Appropriated from:
Federal revenues:
DAG, federal........................................... 366,500
DOI, federal........................................... 13,812,100
EPA, federal........................................... 1,000
Special revenue funds:
Private funds.......................................... 114,600
Cervidae licensing and inspection fees................. 103,000
Forest development fund................................ 65,500
Game and fish protection fund.......................... 9,039,300
Game and fish protection fund - deer habitat reserve... 2,768,300
Game and fish protection fund - turkey permit fees..... 1,693,000
Game and fish protection fund - waterfowl fees......... 103,600
Nongame wildlife fund.................................. 641,900
Sportsmen against hunger fund.......................... 257,600
State general fund/general purpose..................... $ 1,698,400
(7) FISHERIES MANAGEMENT
Full-time equated classified positions.......... 232.0
Aquatic resource mitigation--2.0 FTE positions......... $ 912,500
Fisheries resource management--170.0 FTE positions..... 18,323,600
Fish production--60.0 FTE positions.................... 8,300,100
GROSS APPROPRIATION.................................... $ 27,536,200
Appropriated from:
Federal revenues:
DAG, federal........................................... 134,400
DOE, federal........................................... 1,000
DOC, federal........................................... 53,400
DOI, federal........................................... 10,067,700
EPA, federal........................................... 165,500
Special revenue funds:
Private funds.......................................... 116,700
Game and fish protection fund.......................... 16,086,000
Game and fish protection fund - fisheries settlement... 911,500
State general fund/general purpose..................... $ 0
(8) PARKS AND RECREATION
Full-time equated classified positions.......... 794.9
State parks--631.4 FTE positions....................... $ 46,698,700
State park improvement revenue bonds - debt service.... 1,147,100
Recreational boating--163.5 FTE positions.............. 14,776,100
GROSS APPROPRIATION.................................... $ 62,621,900
Appropriated from:
Federal revenues:
EPA, federal........................................... 122,400
Special revenue funds:
Private funds.......................................... 370,300
Michigan civilian conservation corps endowment fund.... 250,000
Michigan state parks endowment fund.................... 13,293,200
Michigan state waterways fund.......................... 14,776,100
Off-road vehicle trail improvement fund................ 247,400
Park improvement fund.................................. 33,562,500
State general fund/general purpose..................... $ 0
(9) FOREST, MINERAL, AND FIRE MANAGEMENT
Full-time equated classified positions.......... 383.0
Forest management and timber market development--165.0
FTE positions........................................ $ 20,544,200
Adopt-a-forest program................................. 25,000
Wildfire protection--122.0 FTE positions............... 11,451,500
Forest recreation--51.0 FTE positions.................. 5,024,000
Minerals management--23.0 FTE positions................ 2,565,400
Cooperative resource programs--12.0 FTE positions...... 1,135,900
Forest management initiative--10.0 FTE positions....... 808,900
Forest fire equipment.................................. 500,000
GROSS APPROPRIATION.................................... $ 42,054,900
Appropriated from:
Federal revenues:
DAG, federal........................................... 2,436,000
DHS, federal........................................... 255,600
DOI, federal........................................... 2,000
EPA, federal........................................... 1,000
Special revenue funds:
Private funds.......................................... 941,000
Aircraft fees.......................................... 263,000
Commercial forest fund................................. 49,200
Forest development fund................................ 25,730,700
Forest land user charges............................... 536,500
Forest recreation fund................................. 1,240,500
Game and fish protection fund.......................... 1,481,000
Michigan natural resources trust fund.................. 1,268,100
Michigan state parks endowment fund.................... 574,700
Michigan state waterways fund.......................... 394,200
Off-road vehicle trail improvement fund................ 742,500
Recreation improvement fund............................ 330,200
Off-road vehicle safety education fund................. 6,200
Shop fees.............................................. 67,300
Snowmobile registration fee revenue.................... 16,900
Snowmobile trail improvement fund...................... 1,629,600
State general fund/general purpose..................... $ 4,088,700
(10) LAW ENFORCEMENT
Full-time equated classified positions.......... 228.0
General law enforcement--228.0 FTE positions........... $ 28,558,000
GROSS APPROPRIATION.................................... $ 28,558,000
Appropriated from:
Federal revenues:
DHS, federal........................................... 4,485,600
DOC, federal........................................... 18,400
DOI, federal........................................... 563,300
Special revenue funds:
Cervidae licensing and inspection fees................. 65,100
Forest recreation account.............................. 61,000
Game and fish protection fund.......................... 16,467,800
Game and fish protection fund- wildlife resource
protection fund...................................... 1,566,800
Marine safety fund..................................... 1,614,100
Off-road vehicle trail improvement fund................ 1,251,400
Park improvement fund.................................. 61,000
Off-road vehicle safety education fund................. 10,700
Snowmobile registration fee revenue.................... 991,100
State general fund/general purpose..................... $ 1,401,700
(11) GRANTS
Accessibility grants................................... $ 1,000,000
Federal - clean vessel act grants...................... 400,000
Federal - forest stewardship grants.................... 3,125,000
Federal - land and water conservation fund payments.... 2,566,900
Federal - rural community fire protection.............. 300,000
Federal - urban forestry grants........................ 4,000,000
Game and nongame wildlife fund grants.................. 10,000
Grant to counties - marine safety...................... 4,275,000
Grants to communities - federal oil, gas, and timber
payments............................................. 3,450,000
National recreational trails........................... 3,950,000
Off-road vehicle safety training grants................ 150,000
Off-road vehicle trail improvement grants.............. 2,454,000
Recreation improvement fund grants..................... 1,100,000
Snowmobile law enforcement grants...................... 1,142,000
Snowmobile local grants program........................ 8,014,000
Trail easements........................................ 700,000
GROSS APPROPRIATION.................................... $ 36,636,900
Appropriated from:
Federal revenues:
DAG, federal........................................... 10,625,000
DHS, USCG.............................................. 1,470,000
DOI, federal........................................... 3,116,900
DOT, federal........................................... 3,900,000
Special revenue funds:
Private funds.......................................... 1,150,000
Marine safety fund..................................... 2,805,000
Nongame wildlife fund.................................. 10,000
Off-road vehicle trail improvement fund................ 2,454,000
Permanent snowmobile trail easement fund............... 700,000
Recreation improvement fund............................ 1,100,000
Off-road vehicle safety education fund................. 150,000
Snowmobile registration fee revenue.................... 1,142,000
Snowmobile trail improvement fund...................... 8,014,000
State general fund/general purpose..................... $ 0
(12) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 8,913,300
GROSS APPROPRIATION.................................... $ 8,913,300
Appropriated from:
Special revenue funds:
Commercial forest fund................................. 5,100
Forest development fund................................ 1,521,800
Forestland user charges................................ 17,000
Forest recreation fund................................. 44,600
Game and fish protection fund.......................... 2,836,800
Game and fish protection fund - deer habitat reserve... 76,800
Game and fish protection fund - turkey permit fees..... 67,800
Game and fish protection fund - waterfowl fees......... 2,800
Game and fish - wildlife resource protection fund...... 58,300
Land exchange facilitation fund........................ 156,400
Marine safety fund..................................... 77,100
Michigan natural resources trust fund.................. 479,400
Michigan state parks endowment fund.................... 340,700
Michigan state waterways fund.......................... 671,000
Nongame wildlife fund.................................. 24,400
Off-road vehicle trail improvement fund................ 8,100
Park improvement fund.................................. 1,591,900
Recreation improvement fund............................ 12,000
Snowmobile registration fee revenue.................... 47,800
Snowmobile trail improvement fund...................... 77,100
State general fund/general purpose..................... $ 796,400
(13) CAPITAL OUTLAY
(a) STATE PARK AND FOREST AREA IMPROVEMENTS
State parks repair and maintenance..................... $ 4,000,000
Forest roads, bridges and facilities................... 1,400,000
GROSS APPROPRIATION.................................... $ 5,400,000
Appropriated from:
Special revenue funds:
Private funds.......................................... 2,000,000
Forest development fund................................ 1,300,000
Forest recreation account.............................. 100,000
Michigan state parks endowment fund.................... 2,000,000
State general fund/general purpose..................... $ 0
(b) WATERWAYS BOATING PROGRAM
Infrastructure improvements - state projects........... $ 1,228,400
Land acquisitions...................................... 1,000,000
Boating program, state boating access sites:
Port Austin, Huron County, new floating piers, utility
upgrades and comfort station (total authorized cost
is increased from $500,000 to $3,000,000; state
share is increased from $500,000 to $3,000,000)...... 2,500,000
Boating program, state harbors and docks:
Mackinaw City, Cheboygan County, new boat launch,
(total authorized cost is increased from $12,075,000
to $13,575,000; state share is increased from
$12,075,000 to $13,575,000).......................... 1,500,000
Lac La Belle, Keweenaw County, pilings and pier
replacement (total authorized cost $1,000,000;
federal share $750,000; state share $250,000)........ 1,000,000
Boating program, local harbors and docks:
Naubinway, Mackinac County, breakwater protection and
dredging (total authorized cost $1,800,000; local
share $90,000; state share $1,710,000)............... 1,710,000
Leland, Leelanau County, dock replacements, utility
House Bill No. 4446 (H-1) as amended June 18, 2009
upgrades, seawall protection (total authorized cost
is increased from $4,195,000 to 4,900,000; local
share is increased from $990,000 to $1,225,000;
state share is increased from $2,970,000 to
$3,675,000).......................................... 705,000
GROSS APPROPRIATION.................................... $ 9,643,400
Appropriated from:
Federal revenues:
DHS, federal........................................... 1,228,400
DOI, federal........................................... 750,000
Special revenue funds:
Michigan state waterways fund.......................... 7,665,000
State general fund/general purpose..................... $ 0
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 2009-2010 is [$424,420,200.00] and state
spending from state resources to be paid to local units of
government for fiscal year 2009-2010 is $10,722,000.00. 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...................................... 1,850,000
Septage waste compliance program....................... 400,000
SUBTOTAL FOR DEPARTMENT OF ENVIRONMENTAL QUALITY....... $ 3,650,000
DEPARTMENT OF NATURAL RESOURCES
CAPITAL OUTLAY
Waterways boating program.............................. $ 2,415,000
GRANTS
Grants to counties - marine safety..................... 2,805,000
Off-road vehicle safety training grants................ 150,000
Off-road vehicle trail improvement grants.............. 450,000
Recreation improvement fund grants..................... 110,000
Snowmobile law enforcement grants...................... 1,142,000
SUBTOTAL FOR DEPARTMENT OF NATURAL RESOURCES........... $ 7,072,000
TOTAL NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION... $ 10,722,000
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) "Commission" means the commission of natural resources.
(b) "DAG" means the United States department of agriculture.
(c) "DHS" means the United States department of homeland
security.
(d) "DOC" means the United States department of commerce.
(e) "DOE" means the United States department of energy.
(f) "DOI" means the United States department of interior.
(g) "DOT" means the United States department of
transportation.
(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) "MDSP" means the Michigan department of state police.
(m) "NPDES" means national pollution discharge elimination
system.
Sec. 204. The civil service commission shall bill departments
and agencies at the end of the first fiscal quarter for charges
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. 206. The departments of environmental quality and natural
resources shall use the Internet to fulfill the reporting
requirements of this act. This requirement can be met if reports
are transmitted 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. 207. (1) Within 14 days after the release of the
executive budget recommendation, the departments of environmental
quality and natural resources shall each provide the state budget
director, the senate and house appropriations subcommittees on
environmental quality or natural resources, respectively, and the
senate and house fiscal agencies with an annual report on estimated
restricted fund balances, projected revenues, and expenditures for
the fiscal years ending September 30, 2009 and September 30, 2010.
(2) Estimates of restricted fund revenues for the fiscal year
ending September 30, 2010 shall be reissued on or before September
30, 2009. These revised revenue estimates shall form the basis for
determinations of the number of funded positions authorized in this
act.
(3) Part 1 of this act provides authorizations to fund 3,556.9
FTE classified positions during the fiscal year ending September
30, 2010. Line-item appropriations include limitations on the
number of payroll hours to be funded, on the basis of 2,088 hours
per each FTE position. The departments of environmental quality and
natural resources shall each report the number of funded FTE
positions within 15 days after the effective date of this act. The
number of classified employees compensated through each line item
is limited by the authorized FTE positions indicated in this act,
as adjusted for the number of reported funded FTE positions. Each
report shall be provided to the house and senate appropriations
subcommittees on environmental quality or natural resources,
respectively, and the house and senate fiscal agencies by the
deadlines provided in this section.
Sec. 208. (1) From the funds appropriated under this act, the
departments of environmental quality and natural resources shall
each prepare a report that lists all of the following regarding
grant, loan, or grant and loan programs administered by the
respective department for the fiscal year ending on September 30,
2010:
(a) The name of each program.
(b) The goals, criteria, filing fees, nominating procedures,
eligibility requirements, processes, 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, the
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 during the
fiscal year ending September 30, 2009.
(2) The reports required under this section shall be submitted
to the state budget director, the senate and house appropriations
committees, and the senate and house fiscal agencies by January 1,
2010.
Sec. 209. Appropriations of state-restricted game and fish
protection funds have been made to the following departments and
agencies in their respective appropriation acts. The amounts
appropriated to these departments and agencies are listed below:
Civil service commission............................... $ 876,100
Legislative auditor general............................ 21,900
Attorney general....................................... 632,800
Department of management and budget.................... 391,200
Department of treasury................................. 1,793,300
Sec. 210. Before January 31, 2010, the department of natural
resources, in cooperation with the Michigan state waterways
commission, shall provide to the state budget director, the senate
and house appropriations subcommittees on natural resources, and
the senate and house fiscal agencies a list of projects completed
by the commission in fiscal year 2008-2009, including the county
and municipality in which each project is located.
Sec. 211. Pursuant to section 43703(3) of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.43703, there is appropriated from the game and fish protection
trust fund to the game and fish protection account of the Michigan
conservation and recreation legacy fund, $6,000,000.00 for the
fiscal year ending September 30, 2010.
Sec. 212. 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. Such user fees shall be subject to
provisions of an interagency agreement between the department and
the department of information technology.
Sec. 213. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2010 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 house and senate 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. 214. 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 should 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 should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 215. The directors of the departments of environmental
quality and natural resources 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.
Each director shall strongly encourage firms with which the
respective department contracts to subcontract with certified
businesses in depressed and deprived communities for services,
supplies, or both.
Sec. 216. Neither the department of environmental quality nor
the department of natural resources shall take disciplinary action
against an employee for communicating truthfully and factually with
a member of the legislature or his or her staff.
Sec. 217. (1) Funds appropriated in part 1 shall not be used
by the department of environmental quality or the department of
natural resources to adopt a rule that will apply to a small
business and that will have a disproportionate economic impact on
small businesses because of the size of those businesses if the
department fails to reduce the disproportionate economic impact of
the rule on small businesses as provided under section 40 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(2) As used in this section:
(a) "Rule" means that term as defined under section 7 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) "Small business" means that term as defined under section
7a of the administrative procedures act of 1969, 1969 PA 306, MCL
24.207a.
Sec. 218. 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. 219. The departments of environmental quality and natural
resources shall each develop a plan for allocating restricted funds
among department administrative support and regulatory activities.
This plan shall be submitted to the house and senate appropriations
subcommittees on environmental quality or natural resources,
respectively, by January 30, 2010. This plan shall include a cost
allocation plan for financial services support, office space rent
and building occupancy charges, and support division service for
information systems and technology and a methodology to use
information generated through activity reports that identifies the
percentage of employee time spent on restricted fund activities.
Sec. 220. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $33,000,000.00 for
federal 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.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 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 $200,000.00 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 $1,500,000.00 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. 221. Neither the department of environmental quality nor
the department of natural resources shall approve the travel of
more than 1 departmental employee to a specific professional
development conference or training seminar that is located outside
of this state unless the professional development conference or
training seminar is funded by a federal or private funding source
and requires more than 1 person from the department to attend, or
the conference or training seminar includes multiple issues in
which 1 employee from the department does not have expertise. This
section does not apply to meetings or to the purchase of excess
federal equipment.
Sec. 222. Beginning December 2009 and every 2 months
thereafter, the department of environmental quality and the
department of natural resources shall each promptly report on the
number of FTEs in pay status as of the first day of that month, by
civil service classification. The department shall submit the
report to the house and senate appropriations subcommittees on
environmental quality or natural resources, respectively, and the
house and senate fiscal agencies.
Sec. 223. The departments of environmental quality and natural
resources, in collaboration with the state budget office, shall
each submit to the house and senate appropriations subcommittees on
the department budget, the house and senate fiscal agencies, and
the house and senate policy offices on or before March 1, 2010 a
report on appropriated and supportable FTE positions within the
enacted budget for the fiscal year ending September 30, 2010. The
report shall contain all of the following information for each
individual line item contained in the enacted budget:
(a) The number of FTEs to be funded from the line item.
(b) The amount that is proposed to be allocated to salary and
wage and fringe benefit costs from the gross appropriation for the
line item.
(c) The amount that is proposed to be allocated to salary and
wage and fringe benefit costs from the gross appropriation for the
line item on which was based the increase in the executive budget
proposal from the amount appropriated for the line item in the
department budget for the fiscal year ending September 30, 2010, if
different from the amount in subdivision (b).
(d) The portion of the amount described in subdivision (b)
that is proposed to be taken from each funding source identified in
the budget.
(e) The gross salary and wage expenditures for the line item
during the fiscal year ending September 30, 2009 and the estimated
salary and wage expenditures for the line item during the fiscal
year ending September 30, 2010.
(f) The estimated number of FTE positions supportable by the
amount described in subdivision (b).
Sec. 224. (1) The department of environmental quality 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. 225. (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 contained in
2003 PA 173 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, and 2003 PA 171 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, 2007 PA 121, and 2008 PA 247 are appropriated for
expenditure for any site listed in this act and any site listed in
the public acts referenced in this section.
Sec. 226. Of the money appropriated from the environmental
education fund in part 1, $5,000.00 shall be allocated to Michigan
State University Extension Service - 4-H Youth Programs to fund the
Michigan Youth Conservation Council.
Sec. 227. (1) The appropriation in section 102(2) includes
$11,475,100.00 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 102(10) includes
$1,013,000.00 from restricted funds. This funding shall support the
restricted fund requirements, pursuant to subsection (4), for the
criminal investigations appropriations.
(3) The appropriation in section 102(12) includes
$5,577,900.00 from restricted funds. This funding source shall
support the restricted fund requirements, pursuant to subsection
(3), for the information technology appropriation.
(4) The department shall adopt a cost allocation plan for
revenue sources supporting line items listed in sections 102(2),
(10), and (12).
(5) The department of environmental quality shall provide a
report on or before October 31, 2009 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
section 102(2), (10), and (12).
Sec. 228. (1) It is the intent of the legislature that only 1
department, through its various programs, functions, and
responsibilities, be mandated to conserve and develop the natural
resources of the state in the interest of the health, safety, and
welfare of the people and to provide for the protection of the air,
water, and natural resources of the state from pollution,
impairment, and destruction. The legislature requests the executive
office of the governor to determine the feasibility of
consolidating the responsibilities and administrative structures of
the department of environmental quality and the department of
natural resources into a single department. This determination
would include a review of the regulatory functions and duties
performed by these 2 agencies. This request is predicated upon the
belief that administrative efficiencies, program accountability,
regulatory consistency, and state office rent savings are possible
and desirable given Michigan's changing fiscal and economic
condition.
(2) The departments of environmental quality and natural
resources shall recommend legislation, if necessary, to implement
an executive order consolidating these 2 departments including
proposed legislation to create a stakeholder process for programs
administered by the department of environmental quality similar to
the appeal procedure adopted by the commission.
Sec. 229. The appropriations in this act assume the issuance
and acceptance of an executive order by the governor for the
purpose of consolidating the responsibilities and functions of the
departments of environmental quality and natural resources. Any
efficiency savings realized programs supported by general fund
appropriations shall lapse and be credited to the state general
fund. The amount of efficiency savings potentially to be realized
through the consolidation of field offices and elimination of
duplicative positions will be approximately $2,000,000.00.
House Bill No. 4446 (H-1) as amended June 18, 2009
Sec. 230. Effective November 1, 2009, expenditures from
section 102 shall not be allowed by the director of the department
of environmental quality unless a notice of an intent to spend is
provided to the speaker of the house of representatives, not later
than 30 days before disbursements from allotted funds.
[Sec. 231. Any permit application that has been submitted to and pending with the department for a period of 2 years or more shall be considered administratively complete effective January 1, 2010.
Sec. 232. (1) From the funds appropriated in part 1, the department shall develop, post, and maintain on 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.
(2) From the funds appropriated in part 1, the department shall not spend more than $25,000.00 to implement this section and shall not cause essential services to be diminished.]
DEPARTMENT OF ENVIRONMENTAL QUALITY
LAND AND WATER MANAGEMENT
Sec. 301. It is the intent of the legislature that funding for
the wetlands protection program shall be provided through a
supplemental appropriation act for the fiscal year ending September
30, 2010 if, by October 1, 2009, the legislature fails to enact
legislation repealing part 303 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.30301 to
324.30323.
REMEDIATION AND REDEVELOPMENT
Sec. 302. Revenues remaining in the interdepartmental
transfers, laboratory services at the end of the fiscal year shall
carry forward into the succeeding fiscal year.
Sec. 303. The unexpended funds appropriated in part 1 for
emergency cleanup actions and the refined petroleum product cleanup
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, 2014.
Sec. 304. Effective October 1, 2009, surplus funds not to
exceed $1,000,000.00 in the cleanup and redevelopment trust fund
are hereby appropriated to the environmental protection fund.
Sec. 305. Effective October 1, 2009, surplus funds not to
exceed $1,000,000.00 in the community pollution prevention fund are
hereby appropriated to the environmental protection fund.
WASTE AND HAZARDOUS MATERIALS
Sec. 401. Effective October 1, 2009, surplus funds not to
exceed $1,500,000.00 in the solid waste management fund perpetual
care account are appropriated to the solid waste management fund
staff account.
WATER
Sec. 501. It is the intent of the legislature that funding for
the groundwater dispute resolution program should be provided
through a supplemental appropriation act for the fiscal year ending
September 30, 2010 if the legislature fails to enact amendatory
legislation by October 1, 2009 eliminating part 317 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.31701 to 324.31713.
GRANTS
Sec. 601. 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 of environmental quality 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. 602. 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.
DEPARTMENT OF NATURAL RESOURCES
ADMINISTRATIVE SERVICES
Sec. 701. The department of natural resources may charge the
appropriations contained in part 1, including all special
maintenance and capital projects appropriated for the fiscal year
ending September 30, 2010, for engineering services provided, a
standard percentage fee to recover actual costs. The department may
use the revenue derived to support the engineering services charges
provided for in part 1.
Sec. 702. The department of natural resources may charge land
acquisition projects appropriated for the fiscal year ending
September 30, 2010, and for prior fiscal years, a standard
percentage fee to recover actual costs, and may use the revenue
derived to support the land acquisition service charges provided
for in part 1.
Sec. 703. The department of natural resources may charge both
application fees and transaction fees related to the exchange or
sale of state-owned land or rights in land authorized by part 21 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.2101 to 324.2162. The fees shall be set by the
director of the department of natural resources at a rate which
allows the department to recover its costs for providing these
services.
Sec. 704. The department of natural resources shall
prominently display in a prominent place in the fishing guide
provided to each licensed fisher and paid for from the funds
appropriated in part 1, the website address for the department of
community health. In addition, the fishing guide shall include
information on alternative sources where interested parties without
Internet access may find information on fish advisories issued by
the department of community health.
Sec. 705. Within 21 days after the end of the fiscal year
ending September 30, 2010, the department of natural resources
shall submit to the senate and house appropriations subcommittees
on natural resources a report on all land transactions approved by
the commission in the previous fiscal year. For each land
transaction, the report shall include the size of the parcel, the
county and municipality in which the parcel is located, the dollar
amount of the transaction, the fund source affected by the
transaction, and whether the transaction is by purchase, public
auction, transfer, exchange, or conveyance.
Sec. 706. Within 10 days of receipt, the department of natural
resources shall provide to the department of treasury all billing
information from local units of government that is necessary for
making payments in lieu of taxes. The department shall also provide
assistance to the department of treasury on payments in lieu of
taxes as needed.
WILDLIFE MANAGEMENT
Sec. 801. It is the intent of the legislature that, from the
funds appropriated in part 1, the department of natural resources
shall reimburse the department of agriculture for costs incurred
for indemnification payments for livestock losses caused by wolves,
coyotes, or cougars under the animal industry act, 1988 PA 466, MCL
287.701 to 287.745.
Sec. 802. From the funds appropriated in part 1, the
department of natural resources shall submit semiannual reports to
the state budget director, the senate and house appropriations
subcommittees on natural resources, and the senate and house fiscal
agencies that provide detail about enforcement actions taken to
eradicate bovine tuberculosis, the number of infected deer found,
new science it is working on to detect bovine tuberculosis, and
other relevant information about the department's efforts to
address the presence of bovine tuberculosis in this state.
FISHERIES MANAGEMENT
Sec. 901. As a condition of expenditure of fisheries
management appropriations under part 1, the department of natural
resources shall not impede the certification process for water
control structures on Michigan waterways. The department of natural
resources shall fund from funds appropriated in part 1 all non-
water-quality studies or requirements that the department requests
of either of the following:
(a) The department of environmental quality as a condition for
issuance of a certification under the federal water pollution
control act, 33 USC 1341.
(b) The federal energy regulatory commission as a condition of
licensing under the federal power act, 16 USC 791a to 825r.
Sec. 902. (1) From the appropriation in part 1 for aquatic
resource mitigation, not more than $758,000.00 shall be allocated
for grants to watershed councils, resource development councils,
soil conservation districts, local governmental units, and other
nonprofit organizations for stream habitat stabilization and soil
erosion control.
(2) The fisheries division shall develop priority and cost
estimates for all recommended projects.
PARKS AND RECREATION
Sec. 1001. Pursuant to section 1902(2) of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.1902, there is appropriated from the Michigan natural resources
trust fund to the Michigan state parks endowment fund an amount not
to exceed $10,000,000.00 for the fiscal year ending September 30,
2010.
Sec. 1002. The department of natural resources shall notify
the house and senate appropriations subcommittees on natural
resources and the house and senate fiscal agencies if it intends to
reduce operations or reduce recreation opportunities at any state
park or recreation area.
Sec. 1003. The department of natural resources shall not alter
or halt operations of the ski hill or demolish buildings related to
the ski hill, the assistant manager residence, the 3-unit apartment
building, or the carpenter's shop and garage in Porcupine Mountains
wilderness state park. The department shall collaborate with travel
Michigan for the marketing and promotion of the ski hill.
FOREST, MINERAL, AND FIRE MANAGEMENT
Sec. 1201. In addition to the funds appropriated in part 1,
$350,000.00 is appropriated to the department of natural resources
to cover costs related to any declared emergency involving the
collapse of any abandoned mine shaft located on state land. This
appropriation shall not be expended unless the state budget
director recommends the expenditure and the department notifies the
house and senate committees on appropriations.
Sec. 1202. The department of natural resources shall spend
amounts appropriated in part 1 for forest-related activities to
employ or contract for additional foresters to mark timber,
pursuant to section 903.
Sec. 1203. Of the funds appropriated in part 1, the department
of natural resources shall, subject to the forest certification
process, prescribe treatment on 63,000 acres, prepare appropriate
treatment for not less than 58,000 acres at the current average
rate of 12.5 to 15 cords per acre, and offer those cords for sale
in 2010, provided that the department shall take into consideration
the impact of timber harvesting on wildlife habitat and recreation
uses. The department shall, subject to the forest certification
process, increase marking or treatment of hardwood timber for sale
and harvest by 10% over 2009 levels. In addition, the department
shall take into consideration silvicultural analysis and report
annually to the legislature on plans and efforts to address factors
limiting management of timber. The department shall increase the
number of prepared acres if it appears that regional market demand
requires increased volumes of harvested timber. The department
shall provide quarterly reports on the number of acres treated,
pursuant to this section, to the senate and house appropriations
subcommittees on natural resources and the standing committees of
the senate and house of representatives with primary responsibility
for natural resources issues. The department shall complete and
deliver these reports no later than 45 days after the end of the
fiscal quarter.
Sec. 1204. From the funds appropriated in part 1, the
department of natural resources shall provide for a designated
snowmobile route connecting the village of Bellaire to the Jordan
River Trail across state owned land with associated reasonable
restrictions that mitigate negative impacts on the natural
resources.
Sec. 1205. In addition to the money appropriated in this act,
the department of natural resources may receive and expend money
from federal sources for the purpose of providing response to
wildfires as required by a compact with the federal government. If
additional expenditure authorization is required, the department
shall notify the state budget office that expenditure under this
section is required. The department shall notify the house and
senate appropriations subcommittees on natural resources and the
house and senate fiscal agencies of the expenditures under this
section by November 1, 2010.
Sec. 1206. The department of natural resources shall continue
to work cooperatively with horseback riding interests to maximize
riding opportunities in the state.
Sec. 1207. The department of natural resources shall work with
stakeholders to review the current bidding process and implement
changes as necessary to ensure that it meets state standards and
promotes the purchase of state timber and shall report to the
legislature on this issue by March 31, 2010.
LAW ENFORCEMENT
Sec. 1301. The appropriation in part 1 for snowmobile law
enforcement grants shall be used by the department of natural
resources to provide grants to county law enforcement agencies to
enforce part 821 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.82101 to 324.82160, including
rules promulgated under that part and ordinances enacted pursuant
to that part. The department shall consider the number of
enforcement hours and the number of miles of snowmobile trails in
each county in allocating these grants. Any funds not distributed
to counties revert back to the snowmobile registration fee
subaccount created under section 82111 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.82111. Counties
shall provide semiannual reports to the department on the use of
grant money received under this section.
GRANTS
Sec. 1401. Federal pass-through funds to local institutions
and governments that are received in amounts in addition to those
included in part 1 for grants to communities - federal oil, gas,
and timber payments and that do not require additional state
matching funds are appropriated for the purposes intended. By
November 30, 2009, the department of natural resources shall report
to the senate and house appropriations subcommittees on natural
resources, the senate and house fiscal agencies, and the state
budget director on all amounts appropriated under this section
during the fiscal year ending September 30, 2009.
Sec. 1402. Subject to part 811 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.81101 to
324.81150, from the funds appropriated in part 1 for off-road
vehicle trail improvements grants, not less than $980,000.00 shall
be spent on the development of new trails in accordance with the
off-road vehicle trail expansion plan submitted to the legislature
pursuant to section 807 of article 14 of 2005 PA 154.
CAPITAL OUTLAY
Sec. 1501. The appropriation made in this act for the harbors
and docks program is for the purpose of participating with the
federal government and assisting political entities and
subdivisions of this state in the construction and improvement of
recreational boating facilities within this state. Subject to the
approval of the state administrative board, this money shall be
allocated by the department of natural resources to the federal
government, or to the political entities or local units of
government involved in the particular projects. An allocation shall
not exceed the state portion as listed with each project
description. The department shall take the steps necessary to match
federal money available for the construction and improvement of
recreational boating facilities within the state, and to meet
requirements of the federal government.
Sec. 1502. (1) The director of the department of natural
resources shall allocate lump-sum appropriations to the department
made in this act consistent with statutory provisions and the
purposes for which funds were appropriated. Lump-sum allocations
shall address priority program or facility needs and may include,
but are not limited to, design, construction, remodeling and
addition, special maintenance, major special maintenance, energy
conservation, and demolition.
(2) The state budget director may authorize that funds
appropriated for lump-sum appropriations shall be available for no
more than 3 fiscal years following the fiscal year in which the
original appropriation was made. Any remaining balance from
allocations made in this section shall lapse to the fund from which
it was appropriated pursuant to the lapsing of funds as provided in
the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 1503. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent
with the provisions of section 248 of the management and budget
act, 1984 PA 431, MCL 18.1248.