HB-4446, As Passed Senate, June 24, 2009
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4446
A bill to make appropriations for the department of
conservation 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 department of
conservation for the fiscal year ending September 30, 2010, from
the funds indicated in this part. The following is a summary of the
appropriations in this part:
DEPARTMENT OF CONSERVATION
APPROPRIATION SUMMARY:
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 3,586.6
GROSS APPROPRIATION.................................... $ 623,918,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 11,235,800
ADJUSTED GROSS APPROPRIATION........................... $ 612,682,200
Federal revenues:
Total federal revenues................................. 184,363,000
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 5,927,400
Total other state restricted revenues.................. 385,903,300
State general fund/general purpose..................... $ 36,488,500
Sec. 102. EXECUTIVE OPERATIONS AND DEPARTMENT SUPPORT
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 170.8
Commission (including travel expense--per diem)........ $ 85,400
Unclassified salaries--6.0 FTE positions............... 542,400
Communications--62.3 FTE positions..................... 4,873,600
Executive direction--36.0 FTE positions................ 4,301,300
Legal coordination--5.5 FTE positions.................. 549,100
Building occupancy charges............................. 8,335,900
Rent - privately owned property........................ 2,235,900
Gifts and bequests..................................... 500,000
Administrative hearings................................ 397,400
Central operations--60.0 FTE positions................. 5,281,100
Office of the Great Lakes--7.0 FTE positions........... 1,062,700
Automated data processing.............................. 2,053,400
Environmental support projects......................... 5,000,000
GROSS APPROPRIATION.................................... $ 35,218,200
Appropriated from:
Interdepartmental grant revenues:
IDG-MSP................................................ 113,500
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 530,400
Federal revenues:
DHS, federal........................................... 45,700
DOI, federal........................................... 937,200
Federal funds.......................................... 384,000
Special revenue funds:
Private funds.......................................... 575,900
State restricted....................................... 25,786,700
State general fund/general purpose..................... $ 4,791,400
Sec. 103. ADMINISTRATIVE SERVICES
Full-time equated classified positions........... 46.0
Budget and support services--10.0 FTE positions........ $ 1,167,800
Financial services--23.0 FTE positions................. 2,443,800
Grants management--13.0 FTE positions.................. 1,281,100
GROSS APPROPRIATION.................................... $ 4,892,700
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 account......................... 10,800
Snowmobile registration fee revenue.................... 31,400
Snowmobile trail improvement fund...................... 86,900
State general fund/general purpose..................... $ 621,800
Sec. 104. LAND AND FACILITIES
Full-time equated classified positions.......... 134.2
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
Forestland user charges................................ 13,700
Forest recreation account.............................. 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
Sec. 105. WILDLIFE MANAGEMENT
Full-time equated classified positions.......... 205.0
Wildlife management--196.0 FTE positions............... $ 28,772,700
Natural resources heritage--9.0 FTE positions.......... 1,263,000
State game and wildlife area maintenance............... 750,000
GROSS APPROPRIATION.................................... $ 30,785,700
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..................... $ 1,819,300
Sec. 106. FISHERIES MANAGEMENT
Full-time equated classified positions.......... 232.0
Aquatic resource mitigation--2.0 FTE positions......... $ 912,500
Fish production--60.0 FTE positions.................... 8,300,100
Fisheries resource management--170.0 FTE positions..... 18,323,600
GROSS APPROPRIATION.................................... $ 27,536,200
Appropriated from:
Federal revenues:
DAG, federal........................................... 134,400
DOC, federal........................................... 53,400
DOE, federal........................................... 1,000
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
Sec. 107. PARKS AND RECREATION
Full-time equated classified positions.......... 794.9
Recreational boating--163.5 FTE positions.............. $ 14,776,100
State parks--631.4 FTE positions....................... 46,698,700
State parks improvement revenue bonds - debt service... 1,147,100
GROSS APPROPRIATION.................................... $ 62,621,900
Appropriated from:
Interdepartmental grant revenues:
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
Sec. 108. FOREST, MINERAL, AND FIRE MANAGEMENT
Full-time equated classified positions.......... 383.0
Adopt-a-forest program................................. $ 25,000
Cooperative resource programs--12.0 FTE positions...... 1,135,900
Forest fire equipment.................................. 500,000
Wildfire protection--122.0 FTE positions............... 11,451,500
Forest management initiatives--10.0 FTE positions...... 808,900
Forest recreation--51.0 FTE positions.................. 4,824,000
Minerals management--23.0 FTE positions................ 2,565,400
State forest management and timber treatments--165.0
FTE positions........................................ 20,544,200
GROSS APPROPRIATION.................................... $ 41,854,900
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
Forestland user charges................................ 536,500
Forest recreation account.............................. 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
ORV safety education fund.............................. 6,200
Recreation improvement account......................... 330,200
Shop fees.............................................. 67,300
Snowmobile registration fee revenue.................... 16,900
Snowmobile trail improvement fund...................... 1,629,600
State general fund/general purpose..................... $ 3,888,700
Sec. 109. LAW ENFORCEMENT
Full-time equated classified positions.......... 228.0
General law enforcement--228.0 FTE positions........... $ 28,629,000
GROSS APPROPRIATION.................................... $ 28,629,000
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 - wildlife resource protection fund...... 1,566,800
Marine safety fund..................................... 1,614,100
Off-road vehicle trail improvement fund................ 1,251,400
ORV safety education fund.............................. 81,700
Park improvement fund.................................. 61,000
Snowmobile registration fee revenue.................... 991,100
State general fund/general purpose..................... $ 1,401,700
Sec. 110. NATURAL RESOURCE GRANTS
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
Grants to communities - federal oil, gas, and timber
payments............................................. 3,450,000
National recreational trails........................... 3,950,000
Accessibility grants................................... 1,000,000
Game and nongame wildlife fund grants.................. 10,000
Grant to counties - marine safety...................... 4,275,000
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, federal........................................... 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
ORV safety education fund.............................. 150,000
Permanent snowmobile trail easement fund............... 700,000
Recreation improvement account......................... 1,100,000
Snowmobile registration fee revenue.................... 1,142,000
Snowmobile trail improvement fund...................... 8,014,000
State general fund/general purpose..................... $ 0
Sec. 111. CAPITAL OUTLAY
(1) 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
(2) WATERWAYS BOATING PROGRAM
Infrastructure improvements - state projects........... $ 1,228,400
Land acquisition....................................... 1,000,000
Boating program, state boating access projects:
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, harbors and docks, state facilities:
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, Keewenaw County, pilings and pier
replacement (total authorized cost $1,000,000;
federal share $750,000; state share $250,000)........ 1,000,000
Boating program, harbors and docks, local facilities:
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, Leelauau County, dock replacements, utility
upgrades, seawall protection (total authorized cost is
increasd 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, U.S. coast guard.................................. 1,228,400
DOI, federal........................................... 750,000
Special revenue funds:
Michigan state waterways fund.......................... 7,665,000
State general fund/general purpose..................... $ 0
Sec. 112. AIR QUALITY
Full-time equated classified positions.......... 236.5
Air quality programs--236.5 FTE positions.............. $ 25,360,000
GROSS APPROPRIATION.................................... $ 25,360,000
Appropriated from:
Federal revenues:
Federal funds.......................................... 6,473,500
Special revenue funds:
Air emissions fees..................................... 10,200,300
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..................... $ 5,238,000
Sec. 113. OFFICE OF POLLUTION PREVENTION AND
COMPLIANCE ASSISTANCE
Full-time equated classified positions........... 47.0
Pollution prevention and technical assistance--47.0
FTE positions........................................ $ 6,243,900
GROSS APPROPRIATION.................................... $ 6,243,900
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..................... $ 275,900
Sec. 114. 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
House Bill No. 4446 as amended June 24, 2009
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
Sec. 115. LAND AND WATER MANAGEMENT
Full-time equated classified positions.......... 101.0
Land and water interface programs--73.0 FTE positions.. $ <<7,207,500>>
Program direction and project assistance--28.0 FTE
positions............................................ 2,375,000
Field permitting and project assistance................ <<200>>
GROSS APPROPRIATION.................................... $ 9,582,700
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
Federal funds.......................................... 3,703,400
Special revenue funds:
Land and water permit fees............................. 314,100
State general fund/general purpose..................... $ 5,565,200
Sec. 116. REMEDIATION AND REDEVELOPMENT
Full-time equated classified positions.......... 350.0
Federal cleanup project management--61.0 FTE positions. $ 8,553,600
Superfund cleanup...................................... 3,000,000
Contaminated site investigations, cleanup and
revitalization--230.0 FTE positions.................. 23,994,600
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.................................... $ 68,756,900
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.......................... 5,982,000
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..................... $ 144,800
Sec. 117. WASTE AND HAZARDOUS MATERIALS DIVISION
Full-time equated classified positions.......... 173.0
Hazardous waste management program--60.0 FTE positions. $ 6,105,100
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.... 1,197,900
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.................................... $ 18,721,500
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................ 1,034,200
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..................... $ 1,664,500
Sec. 118. WATER DIVISION
Full-time equated classified positions.......... 402.2
Drinking water and environmental health--120.0 FTE
positions............................................ $ 15,309,400
Surface water--109.0 FTE positions..................... 15,271,400
NPDES nonstormwater program--98.2 FTE positions........ 10,821,600
Groundwater discharge--22.0 FTE positions.............. 2,657,900
Municipal assistance--37.0 FTE positions............... 5,334,700
Sewage sludge land application program--6.0 FTE
positions............................................ 870,300
Water withdrawal assessment program--7.0 FTE positions. 655,800
Expedited water/wastewater permits--3.0 FTE positions.. 404,300
Fish contaminant monitoring contracts.................. 316,100
GROSS APPROPRIATION.................................... $ 51,641,500
Appropriated from:
Federal revenues:
Federal funds.......................................... 21,149,500
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...................... 1,160,300
Infrastructure construction fund....................... 404,300
Land and water permit fees............................. 505,200
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............................... 251,200
State general fund/general purpose..................... $ 8,476,100
Sec. 119. CRIMINAL INVESTIGATIONS
Full-time equated classified positions........... 23.0
Environmental investigations--23.0 FTE positions....... $ 2,604,400
GROSS APPROPRIATION.................................... $ 2,604,400
Appropriated from:
Federal revenues:
Federal funds.......................................... 684,000
Special revenue funds:
Restricted funds....................................... 1,013,000
State general fund/general purpose..................... $ 907,400
Sec. 120. ENVIRONMENTAL 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
Scrap tire grants...................................... 3,700,000
Strategic water quality initiative loans............... 9,600,000
Water quality protection grants........................ 100,000
GROSS APPROPRIATION.................................... $ 110,096,700
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
Strategic water quality initiatives fund............... 9,600,000
Water quality protection fund.......................... 100,000
State general fund/general purpose..................... $ 0
Sec. 121. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 16,634,100
GROSS APPROPRIATION.................................... $ 16,634,100
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:
Commercial forest fund................................. 5,100
Forest development fund................................ 1,521,800
Forestland user charges................................ 17,000
Forest recreation account.............................. 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 account......................... 12,000
Snowmobile registration fee revenue.................... 47,800
Snowmobile trail improvement fund...................... 77,100
Restricted funds....................................... 5,577,900
State general fund/general purpose..................... $ 1,255,400
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
SUBPART A 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 $422,391,800.00 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 CONSERVATION
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
Noncommunity water grants.............................. 1,400,000
Scrap tire grants...................................... 1,850,000
Septage waste compliance program....................... 400,000
TOTAL.................................................. $ 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) "Department" means the department of conservation.
(d) "DHS" means the United States department of homeland
security.
(e) "Director" means the director of the department of
conservation.
(f) "DOC" means the United States department of commerce.
(g) "DOE" means the United States department of energy.
(h) "DOI" means the United States department of interior.
(i) "DOT" means the United States department of
transportation.
(j) "EPA" means the United States environmental protection
agency.
(k) "FTE" means full-time equated.
(l) "IDG" means interdepartmental grant.
(m) "IDT" means intradepartmental transfer.
(n) "MDSP" means the Michigan department of state police.
(o) "NPDES" means national pollutant 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. 205. (1) A hiring freeze is imposed on the state
classified civil service. State departments and agencies are
prohibited from hiring any new full-time state classified civil
service employees and prohibited from filling any vacant state
classified civil service positions. This hiring freeze does not
apply to internal transfers of classified employees from 1 position
to another within a department.
(2) The state budget director may grant exceptions to this
hiring freeze when the state budget director believes that the
hiring freeze will result in rendering a state department or agency
unable to deliver basic services, cause loss of revenue to the
state, result in the inability of the state to receive federal
funds, or necessitate additional expenditures that exceed any
savings from maintaining a vacancy. The state budget director shall
report quarterly to the chairpersons of the senate and house of
representatives standing committees on appropriations the number of
exceptions to the hiring freeze approved during the previous
quarter and the reasons to justify the exceptions.
Sec. 206. The department 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. Within 14 days after the release of the executive
budget recommendation, the department shall provide the state
budget director, the senate and house appropriations subcommittees
on conservation, 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.
Sec. 208. (1) From the funds appropriated under part 1, the
department shall prepare a report that lists all of the following
regarding grant, loan, or grant and loan programs administered by
the 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....................................... 782,800
Department of management and budget.................... 391,200
Department of treasury................................. 1,793,300
Sec. 210. Before January 31, 2010, the department, in
cooperation with the Michigan state waterways commission, shall
provide to the state budget director, the senate and house
appropriations subcommittees on conservation, and the senate and
house fiscal agencies a list of projects completed by the state
waterways 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 director 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. The
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 216. The department shall not 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) The department shall report not later than April
1, 2010 on each specific policy change made by the department to
implement a public act affecting that department that took effect
during the preceding calendar year. The department shall report to
the house and senate appropriations subcommittees on the budget for
the department, the joint committee on administrative rules, and
the senate and house fiscal agencies.
(2) Funds appropriated in part 1 shall not be used by the
department 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.
(3) 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 department shall 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 conservation 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. The department shall not 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 a 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. 227. The departments and state agencies receiving
appropriations under this act shall receive and retain copies of
all reports funded from appropriations in part 1. These departments
and state agencies shall follow federal and state guidelines for
short-term and long-term retention of these reports. To the extent
consistent with federal and state guidelines, the requirements of
this section are satisfied if the reports funded from
appropriations in part 1 are retained in electronic format.
Sec. 228. (1) The department 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
conservation, 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. 229. (1) The department 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. 230. Unexpended settlement revenues at the end of the
fiscal year may be carried forward into the settlement fund in the
succeeding fiscal year up to a maximum carryforward of
$2,500,000.00.
Sec. 231. (1) The appropriation in section 102 includes
restricted funds. This funding source shall support the restricted
fund requirements for selected line items in the executive
operations and administrative support appropriation unit.
(2) The appropriation for criminal investigations includes
restricted funds. This funding shall support the restricted fund
requirements for the criminal investigations appropriations.
(3) The appropriation for information technology includes
restricted funds. This funding source shall support the restricted
fund requirements for the information technology appropriation.
(4) The department shall adopt a cost allocation plan for
revenue sources supporting line items described in this section.
(5) The department shall provide a report on or before October
31, 2009 to the house and senate appropriations subcommittees on
conservation and the house and senate fiscal agencies of the line
item amounts and detailed revenue sources which support the
restricted fund appropriations in sections 102, 110, and 112.
Sec. 232. The department shall annually report and post on its
website by December 31 to the state budget director, the senate and
house appropriations committees, and the senate and house fiscal
agencies an accounting of all civil and criminal fine revenue
collected during the previous fiscal year.
Sec. 235. Not later than September 30, 2010, the department
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be
transmitted to the office of the state budget, the chairpersons of
the senate and house appropriations committees, and the senate and
house fiscal agencies.
Sec. 236. The department shall use sound science and actual
data in managing and regulating best available retrofit technology
measures.
Sec. 237. By April 1, 2010, the department shall submit to the
senate and house appropriations subcommittees on conservation, the
senate and house fiscal agencies, and the state budget director a
plan for replacement of failing or obsolete computer and database
systems, including a schedule for system replacement and cost
estimates.
Sec. 238. If funding is available to support the information
technology necessary for implementation, the department shall
develop, post, and maintain a user friendly and publicly accessible
Internet site with all expenditures made by the department within a
fiscal year. The posting shall include the purpose for which each
expenditure is made.
Sec. 239. Semiannually, the department shall notify the senate
and house appropriation subcommittees on conservation, the senate
and house fiscal agencies, and the state budget director of all
requests made of the department under the freedom of information
act, 1976 PA 442, MCL 15.231 to 15.246, during the previous 6
months.
Sec. 240. By July 1, 2010, the department shall prepare and
submit a report to the state budget director, the legislature, the
chairs of the standing committees of the senate and house of
representatives with primary responsibility for issues related to
natural resources and the environment, and the chairs of the
subcommittees of the senate and house appropriations committees
with primary responsibility for appropriations for the department,
outlining the implementation of the Great Lakes water quality bond
provided for in part 197 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.19701 to 324.19708, including,
but not limited to, the amount of bonds issued and the date they
were issued, the number of applications received for loans from the
state water pollution control revolving fund created in section 16a
of the shared credit rating act, 1985 PA 227, MCL 141.1066a, the
total amount of loans requested, a listing of the applicants
receiving loans and the total amount of loans provided to those
applicants, a listing of applicants whose loan applications were
not approved and the reasons why those applications were not
approved, the amount of the loans granted that were leveraged from
bond proceeds, and the remaining bond proceeds and bond
authorization.
Sec. 241. From the amounts appropriated in part 1, the
department shall implement 2008 PA 389.
Sec. 243. The department shall perform a review of its
programs to determine how its programs compare to similar programs
in other Great Lake states. The analysis shall include, but not be
limited to, evaluation of permitting time, number of enforcement
actions, stringency of the controlling law, and the cost of the
relevant permits. The department shall report the findings of this
review to the senate and house appropriations committees not later
than April 1, 2010.
Sec. 244. The department shall engage in a process to
determine efficiencies that can be made in the air permitting
program, including renewable operating permits, the NPDES program,
and the remediation and redevelopment program. The department shall
report the findings of this effort to the senate and house
appropriations committees not later than April 1, 2010.
SUBPART B NATURAL RESOURCES MANAGEMENT
ADMINISTRATIVE SERVICES
Sec. 301. The department 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. 302. The department 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. 303. The department 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 at a
rate which allows the department to recover its costs for providing
these services.
Sec. 304. The department shall prominently display in a
prominent place in the fishing guide provided to each licensed
angler 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. 305. Within 21 days after the end of the fiscal year
ending September 30, 2010, the department shall submit to the
senate and house appropriations subcommittees on conservation 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.
WILDLIFE MANAGEMENT
Sec. 401. It is the intent of the legislature that, from the
funds appropriated in part 1, the department 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. 402. From the funds appropriated in part 1, the
department shall submit semiannual reports to the state budget
director, the senate and house appropriations subcommittees on
conservation, 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. 501. As a condition of expenditure of fisheries
management appropriations under part 1, the department shall not
impede the certification process for water control structures on
Michigan waterways. The department shall fund from funds
appropriated in part 1 all non-water-quality studies or
requirements that the department requests of the federal energy
regulatory commission as a condition of licensing under the federal
power act, 16 USC 791a to 825r.
Sec. 502. (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 of the department shall develop
priority and cost estimates for all recommended projects.
Sec. 503. From the funds appropriated in part 1 for fish
production and fisheries resource management, the department shall
continue to operate the 6 hatcheries that were operational on
September 30, 2007.
PARKS AND RECREATION
Sec. 601. 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. 602. The department shall notify the house and senate
appropriations subcommittees on conservation 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. 603. The department 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.
Sec. 604. From the funds appropriated in part 1, the
department shall maintain an appropriate number of defibrillators
in state parks. State parks shall accept donations of
defibrillators.
FOREST, MINERAL, AND FIRE MANAGEMENT
Sec. 801. In addition to the funds appropriated in part 1,
$350,000.00 is appropriated 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. 802. The department 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. 804. From the funds appropriated in part 1, the
department 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. 805. In addition to the money appropriated in this act,
the department 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 conservation and the house and senate fiscal
agencies of the expenditures under this section by November 1,
2010.
Sec. 806. The department shall continue to work cooperatively
with horseback riding interests to maximize riding opportunities in
the state.
LAW ENFORCEMENT
Sec. 901. The appropriation in part 1 for snowmobile law
enforcement grants shall be used 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.
Sec. 902. From the funds appropriated in part 1, not less than
6 months before expiration of a contract or adoption of amendments
to an existing contract with the concessionaire at the Island Lake
shooting range, the department shall notify in the least expensive
method possible all residents within 5 miles of the shooting range
and the state and local elected officials representing Green Oak
Township in Livingston County of the contract expiration date or
adoption of amendments to an existing contract. If the department
intends to extend or amend the contract with the concessionaire, it
shall hold 1 public hearing in Livingston County on the matter not
less than 60 days before execution.
GRANTS
Sec. 1001. 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 shall report to the senate and
house appropriations subcommittees on conservation, 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. 1002. 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. 1101. 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 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. 1102. (1) The director shall allocate lump-sum
appropriations 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. 1103. 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.
SUBPART C ENVIRONMENTAL PROTECTION
REMEDIATION AND REDEVELOPMENT
Sec. 1701. Revenues remaining in the interdepartmental
transfers, laboratory services at the end of the fiscal year shall
carry forward into the succeeding fiscal year.
Sec. 1705. The unexpended funds appropriated in part 1 for
emergency cleanup actions, the refined petroleum product cleanup
program, and the environmental cleanup and redevelopment 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, 2013.
Sec. 1706. It is the intent of the legislature to repay the
refined petroleum fund for the $70,000,000.00 that was transferred
to the environmental protection fund as part of the resolution for
the fiscal year 2006-2007 budget.
Sec. 1707. (1) The department shall work with the legislature
to develop recommendations through an advisory workgroup process
for the appropriate use of administrative rules and operational
memoranda in the leaking underground storage tank program. This
advisory workgroup shall do all of the following:
(a) Review and make recommendations if operational memoranda
used by the department are necessary and used appropriately.
(b) Review and make recommendations regarding the rules,
methods, policies, or procedures used to develop operational
memoranda.
(c) Review and make recommendations regarding procedures for
determining if an inspected organization has acted in accordance
with operational memoranda.
(2) The workgroup under subsection (1) shall consist of 13
members, appointed as follows:
(a) Members of the senate and house appropriations
subcommittees on environmental quality.
(b) Three members appointed by the senate majority leader, 1
each representing an independent petroleum wholesale distributor-
marketer trade association, a petroleum refiner-supplier trade
association, and a service station dealers' trade association.
(c) Three members appointed by the speaker of the house, 1
each representing a truck stop operators' trade association, an
environmental public interest organization who is not associated
with any of the above organizations, and the largest general farm
organization in the state.
(d) The director of the department.
(3) The recommendations of the workgroup shall be submitted to
the department, the senate and house appropriations subcommittees
on conservation, the senate and house fiscal agencies, and the
state budget director by December 31, 2010.
Sec. 1708. The department shall not expend funds appropriated
in part 1 if using operational memoranda or other similar documents
that are in draft form to impose regulations on individuals or
businesses conducting environmental cleanup projects, except as
provided in part 213 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.21301 to 324.21331, or when
there is written consent between the department and the individual
or business.
WATER
Sec. 1902. By February 1, 2010, the department shall submit a
report on the department’s use of the national pollutant discharge
elimination system fund created in MCL 324.3121 for the previous
fiscal year, to the senate and house appropriations subcommittees
on conservation, the standing committees of the legislature with
jurisdiction over issues primarily related to natural resources and
the environment, and the senate and house fiscal agencies. The
report shall include a summary of how the appropriations in part 1
for NPDES nonstormwater program were used for the various
permissible uses of the fund and shall include specific information
on all of the following:
(a) The number of compliance and complaint inspections
completed, by category, the number of on-site compliance
inspections conducted, and the number of compliance inspections
that were not announced in advance to the permittee or licensee.
(b) The number and percent of permit and license inspections
that were found to be in significant noncompliance, by category.
(c) The number of administrative enforcement actions taken for
permit or license violations and the results of the enforcement
actions, including the amount of fines and penalties collected.
(d) The number of judicial enforcement actions taken for
permit or license violations and the results of the enforcement
actions, including the amount of fines and penalties collected.
(e) A listing of the supplemental environmental projects
agreed to as a result of a consent agreement including all of the
following: the case name, the monetary value of the supplemental
environmental project, and a description of the project.
Sec. 1903. It is the intent of the legislature that the
department continue federal support of the Michigan agriculture
environmental assurance program and the work with small and medium
livestock operations in the department of agriculture. Any
reduction in the level of federal support from 319 funds shall be
reduced proportionally from all programs that were supported by
that federal grant in the fiscal year ending September 30, 2009.
GRANTS
Sec. 2101. 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 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. 2102. 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.
Sec. 2103. (1) The appropriation in part 1 for real-time water
quality monitoring is a grant to Macomb County and St. Clair County
to support a real-time water quality monitoring program in the St.
Clair watershed. By September 30, 2010, the grant recipients shall
report to the department on the plan’s implementation and the
status of the project. The department shall forward the report to
the state budget director, the senate and house appropriations
subcommittees on conservation, the senate and house standing
committees on natural resources and environmental issues, and the
senate and house fiscal agencies.
(2) The funding appropriated in part 1 for real-time water
quality monitoring is contingent upon both of the following:
(a) Submission by October 1, 2009 of a report by the grant
recipient on the status of the project and use of prior funding
provided by the state and other fund sources for this project.
(b) Submission by December 31, 2010 of a plan by the grant
recipient for long-term funding of operation and maintenance of the
real-time monitoring system for the Huron-Erie corridor. The
funding plan shall not require state funds for more than 50% of
total funding for the project and not more than $250,000.00
annually.