June 2, 2009, Introduced by Rep. Opsommer and referred to the Committee on Energy and Technology.
A bill to amend 1984 PA 431, entitled
"The management and budget act,"
by amending sections 112, 115, 213, 305, and 404 (MCL 18.1112,
18.1115, 18.1213, 18.1305, and 18.1404), sections 115, 305, and 404
as amended by 1999 PA 8 and section 213 as amended by 2006 PA 269,
and by adding sections 241c and 255.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 112. (1) "Alternative energy vehicle" means an
alternative energy vehicle as defined under section 2 of the
Michigan next energy authority act, 2002 PA 593, MCL 207.822.
(2)
(1) "Appropriation" means the legislative
authorization
for expenditure or obligation of money from a state operating fund.
(3) (2)
"Appropriations
committees" means the appropriations
committee of the senate and the appropriations committee of the
house of representatives.
(4) (3)
"Board" means the state
administrative board.
(5) (4)
"Budget act" means an act
containing appropriations
which
that form a portion of the state's annual budget.
Sec. 115. (1) "Institution of higher education" means a state
supported 4-year college or university.
(2) "JCOS" means the joint capital outlay subcommittee of the
appropriations committees.
(3) "LEED" means the leadership in energy and environmental
design green building rating system developed by the United States
green building council.
(4) (3)
Except as used in sections 284 to
292, "record" means
a public record as defined in section 2 of the freedom of
information act, 1976 PA 442, MCL 15.232.
(5) (4)
"State agency" means a
department, board, commission,
office, agency, authority, or other unit of state government. State
agency does not include an institution of higher education or a
community college or, for purposes of article 2 or 3, the
legislative branch of government. For purposes of article 2 or 3,
except for those sections pertaining to the authorization,
planning, construction, and funding of a capital outlay project,
including construction of a facility to house offices or functions
necessary for operation of the judicial branch of government, state
agency does not include the judicial branch of government.
(6) (5)
"Unit of local
government" means a political
subdivision
of this state, including school districts, community
college
districts, intermediate school districts, cities, villages,
townships,
counties, and authorities a school district,
intermediate school district, community college district, city,
village, township, county, or authority, if the political
subdivision has as its primary purpose the providing of local
governmental service for citizens in a geographically limited area
of
the this state and has the power to act primarily on behalf
of
that area.
Sec. 213. (1) As used in this section:
(a) "Fund" means the motor transport revolving fund created in
subsection
(4) (6).
(b) "Motor vehicle" means a passenger vehicle, van, minibus,
bus, truck, tractor, or other motorized vehicle.
(2) The department may issue directives relative to all the
following for motor vehicles except for those motor vehicles under
the jurisdiction of the state transportation department:
(a)
The purchasing, leasing, maintaining, operating,
replacing,
and disposing purchase,
lease, maintenance, operation,
replacement, and disposal of motor vehicles for all state agencies.
(b)
The using use of state owned state-owned motor vehicles
for official business.
(c)
The establishing of conditions for use of privately owned
motor vehicles on official business.
(d)
The acquiring acquisition of vehicle registration plates.
(e)
The maintaining maintenance
of motor vehicle titles and
insurance inventories.
(f)
The assigning assignment of motor vehicles, permanently or
temporarily, to state agencies and to institutions of higher
education.
(g)
The establishing of rates to be charged for use of a motor
vehicle. The rates shall be reviewed periodically and shall be
sufficient to cover the costs of administration and of the
acquisition, operation, maintenance, repair, and replacement of
motor vehicles.
(h)
The displaying display of distinctive vehicle registration
plates and other external markings on the motor vehicles. The
plates and markings shall clearly identify state ownership unless
the motor vehicle is used by an elected official, or for an
investigative use, or anonymity is essential to properly perform a
necessary function of state government as determined by the
director.
(3) The department shall ensure that the following percentages
of the state's on-road motor vehicle fleet consist of alternative
energy vehicles by the following dates:
(a) 3% by January 1, 2012.
(b) 5% by January 1, 2017.
(c) 10% by January 1, 2022.
(4) For the purposes of subsection (3), if an alternative
energy vehicle that can reasonably serve, in terms of cost and
performance, as a replacement for a conventional vehicle in the
state's on-road motor vehicle fleet is not commercially available,
the department may exclude that conventional vehicle from the
state's on-road motor vehicle fleet for the purpose of calculations
under subsection (3).
(5) (3)
The department shall establish
motor vehicle repair
centers and motor pools.
(6) (4)
The motor transport revolving fund
is hereby created.
The revenue received from rates charged pursuant to subsection
(2)(g)
and revenue which that is received from any other source and
designated to be credited to the motor transport revolving fund
shall be credited to the motor transport revolving fund. The
amounts
money in the fund are is continuously
appropriated only for
administration and the acquisition, lease, operation, maintenance,
repair,
and replacement of state owned state-owned
motor vehicles
and related capital outlay and equipment.
(7) (5)
Assets and liabilities of the motor
transport
revolving fund shall be considered assets and liabilities of the
motor transport revolving fund created by this section.
(8) (6)
Not later than January 1, 2007,
the director shall
install the necessary fueling infrastructure or contract with a
supplier to supply alternative fuels at all state motor transport
facilities
so that all state owned state-owned
vehicles capable of
utilizing alternative fuels are able to use them. As used in this
subsection, "alternative fuel" means E85 fuel and biodiesel fuel
blends.
Sec. 241c. The department, after consultation with the energy
office in the department of energy, labor, and economic growth,
shall implement procedures to ensure that all buildings owned or
leased by this state with a fair market value of $1,000,000.00 or
more that are constructed or undergo major renovation commencing on
or after January 1, 2011 are constructed or renovated to at least
the minimum standards necessary for LEED certification. In
addition, at least the following percentage of such buildings shall
be constructed or renovated to at least the minimum standards
necessary for LEED gold certification:
(a) 15%, for buildings the construction or major renovation of
which commenced during the period of January 1, 2011 through
December 31, 2015.
(b) 20%, for buildings the construction or major renovation of
which commenced during the period of January 1, 2016 through
December 31, 2020.
(c) 25% for buildings the construction or major renovation of
which commenced on or after January 1, 2021.
Sec. 255. (1) The department shall ensure that the government
of this state generates at state facilities at least the following
percentages of the electric energy used by the government of this
state by the following dates:
(a) 0.5% by January 1, 2012.
(b) 1.00% by January 1, 2017.
(c) 2.00% by January 1, 2022.
(2) Electricity generated under subsection (1) shall be
generated under a state government program, to be established by
the public service commission pursuant to part 5 of the clean,
renewable, and efficient energy act, 2008 PA 295, MCL 460.1171 to
460.1181, in consultation with the department, not later than 180
days after the effective date of the amendatory act that added this
section. The program shall take into consideration the energy
generated under a utility's or alternative electric supplier's
other net metering programs when determining which facilities will
participate in the program under this subsection. However, any
electricity generated by the state government program shall not
count toward any of the net metering electrical generation caps
under other net metering programs created for other customers.
(3) For the purposes of this section, the department may
define a facility to include structures otherwise excluded under
section 114(1)(b) to (e).
Sec. 305. (1) "Total state spending" means the sum of state
operating fund expenditures, not including transfers between funds.
(2) "Total state spending from state sources" means the sum of
state operating fund expenditures not including transfers between
funds, federal aid, and restricted local and private sources of
financing.
(3) "Transfer payments" means that term as defined by the
bureau of economic analysis of the United States department of
commerce or its successor.
(4)
"Unit of local government" means unit of local government
as
defined in section 115(5).
Sec. 404. (1) "Revenues" means the increases in the net
current assets of a fund other than from expenditure refunds and
residual equity transfers.
(2)
"Revolving fund" means a self-supporting fund which that
provides services or sells goods to state agencies, other
governmental jurisdictions, or the public.
(3) "Unencumbered balance" means that portion of an
appropriation not yet expended and encumbered.
(4) "Unexpended balance" means that portion of an
appropriation not yet expended.
(5)
"Unit of local government" means unit of local government
as
defined by section 115(5).
(5) (6)
"Work project" means a
1-time nonrecurring undertaking
for the purpose of accomplishing an objective contained in a
specific line-item appropriation for that purpose or any other
specific line-item appropriation designated as a work project by
law under criteria established under section 451a(1).
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No.____ (request no.
01995'09 a) of the 95th Legislature is enacted into law.