FIRST CONFERENCE REPORT

 

     The Committee of Conference on the matters of difference between the two Houses concerning

 

     Senate Bill No. 760, entitled

 

     A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.

 

     Recommends:

 

     First:  That the House recede from the Substitute of the House as passed by the House.

 

 

     Second:  That the Senate and House agree to the Substitute of the Senate as passed by the Senate, amended to read as follows:

 

(attached)

 

     Third:  That the Senate and House agree to the title of the bill to read as follows:

 

     A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.

 

 

 

 

_______________________                 ________________________

Mike Green                              Phil Potvin

 

_______________________                 ________________________

Roger Kahn                              Nancy E. Jenkins

 

_______________________                 ________________________

Hoon-Yung Hopgood                       Terry L. Brown

 

Conferees for the Senate                Conferees for the House

 

This is our starting text

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 760

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to make appropriations for the department of

 

agriculture and rural development for the fiscal year ending

 

September 30, 2015; and to provide for the expenditure of the

 

appropriations.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. There is appropriated for the department of

 

agriculture and rural development for the fiscal year ending

 

September 30, 2015, from the following funds:

 

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

 

APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 6.0

 


   Full-time equated classified positions.......... 446.0

 

GROSS APPROPRIATION.................................... $     84,462,200

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................           318,100

 

ADJUSTED GROSS APPROPRIATION........................... $     84,144,100

 

   Federal revenues:

 

Total federal revenues.................................        10,126,200

 

   Special revenue funds:

 

Total private revenues.................................            98,300

 

Total other state restricted revenues..................        28,003,400

 

State general fund/general purpose..................... $     45,916,200

 

   Sec. 102.  DEPARTMENTWIDE

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........... 27.0

 

Commissions and boards................................. $         23,800

 

Unclassified positions--6.0 FTE positions..............           524,700

 

Executive direction--9.0 FTE positions.................         1,392,800

 

Operational services--15.0 FTE positions...............         1,065,700

 

Statistical reporting service--1.0 FTE position........           150,900

 

Emergency management--2.0 FTE positions................           601,900

 

Accounting service center..............................           968,100

 

Building occupancy charges.............................           622,500

 

GROSS APPROPRIATION.................................... $      5,350,400

 

    Appropriated from:

 

   Federal revenues:

 

HHS-FDA................................................           325,000

 


   Special revenue funds:

 

Private - commodity group revenue......................            77,600

 

Agricultural preservation fund.........................            15,000

 

Agriculture licensing and inspection fees..............           112,100

 

Freshwater protection fund.............................            22,200

 

Industry support funds.................................            53,500

 

Nonretail liquor fees..................................            27,800

 

Refined petroleum fund.................................           220,300

 

State general fund/general purpose..................... $      4,496,900

 

   Sec. 103.  INFORMATION AND TECHNOLOGY

 

Information technology services and projects........... $       1,460,000

 

GROSS APPROPRIATION.................................... $      1,460,000

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from LARA (LCC), liquor quality testing fees.......             3,200

 

   Special revenue funds:

 

Agricultural preservation fund.........................               200

 

Agriculture equine industry development fund...........            84,800

 

Agriculture licensing and inspection fees..............            32,400

 

Freshwater protection fund.............................               100

 

Gasoline inspection testing fund.......................            31,400

 

Nonretail liquor fees..................................               500

 

State general fund/general purpose..................... $      1,307,400

 

   Sec. 104.  FOOD AND DAIRY

 

   Full-time equated classified positions.......... 113.0

 

Food safety and quality assurance--83.0 FTE positions.. $     12,378,200

 

Milk safety and quality assurance--30.0 FTE positions..         4,219,200

 


GROSS APPROPRIATION.................................... $     16,597,400

 

    Appropriated from:

 

   Federal revenues:

 

HHS-FDA................................................         1,175,800

 

USDA, multiple grants..................................           134,200

 

   Special revenue funds:

 

Consumer and industry food safety education fund.......           318,700

 

Dairy and food safety fund.............................         3,366,500

 

State general fund/general purpose..................... $     11,602,200

 

   Sec. 105.  ANIMAL INDUSTRY

 

   Full-time equated classified positions........... 60.0

 

Animal disease prevention and response--60.0 FTE

 

   positions............................................ $      8,836,600

 

Indemnification - livestock depredation................            50,000

 

GROSS APPROPRIATION.................................... $      8,886,600

 

    Appropriated from:

 

   Federal revenues:

 

HHS-FDA................................................            45,900

 

USDA, multiple grants..................................           519,500

 

   Special revenue funds:

 

Agriculture licensing and inspection fees..............            40,400

 

Animal welfare fund....................................           217,400

 

State general fund/general purpose..................... $      8,063,400

 

   Sec. 106.  PESTICIDE AND PLANT PEST MANAGEMENT

 

   Full-time equated classified positions........... 86.0

 

Pesticide and plant pest management--81.0 FTE

 

   positions............................................ $     12,181,800

 


Producer security/grain dealers--5.0 FTE positions.....           646,700

 

GROSS APPROPRIATION.................................... $     12,828,500

 

    Appropriated from:

 

   Federal revenues:

 

Department of interior.................................           222,600

 

EPA, multiple grants...................................           525,700

 

HHS-FDA................................................           320,700

 

USDA, multiple grants..................................           832,100

 

   Special revenue funds:

 

Private - slow-the-spread foundation...................            20,700

 

Agriculture licensing and inspection fees..............         3,818,700

 

Commodity inspection fees..............................           437,100

 

Freshwater protection fund.............................           151,900

 

Grain dealers fee fund.................................           606,400

 

Horticulture fund......................................            38,300

 

Industry support funds.................................           243,000

 

State general fund/general purpose..................... $      5,611,300

 

   Sec. 107.  ENVIRONMENTAL STEWARDSHIP

 

   Full-time equated classified positions........... 55.0

 

Environmental stewardship--8.0 FTE positions........... $      1,246,100

 

Michigan agriculture environmental assurance program--

 

   15.0 FTE positions...................................         4,284,100

 

Farmland and open space preservation--7.0 FTE

 

   positions............................................           905,700

 

Qualified forest program--9.0 FTE positions............         2,535,000

 

Commercial forestry audit program......................           150,000

 

Local conservation districts...........................         2,173,800

 


Migrant labor housing--9.0 FTE positions...............         1,214,300

 

Right-to-farm--3.0 FTE positions.......................           569,000

 

Intercounty drain--4.0 FTE positions...................           475,100

 

GROSS APPROPRIATION.................................... $     13,553,100

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from MDEQ, biosolids...............................           101,400

 

   Federal revenues:

 

Department of interior.................................           120,600

 

EPA, multiple grants...................................           305,600

 

USDA, multiple grants..................................           917,000

 

   Special revenue funds:

 

Agricultural preservation fund.........................           584,000

 

Freshwater protection fund.............................         5,013,000

 

Migratory labor housing fund...........................           164,600

 

Private forestland enhancement fund....................            35,000

 

State general fund/general purpose..................... $      6,311,900

 

   Sec. 108.  LABORATORY PROGRAM

 

   Full-time equated classified positions........... 90.0

 

Laboratory services--36.0 FTE positions................ $      5,409,200

 

USDA monitoring--13.0 FTE positions....................         1,598,600

 

Consumer protection program--41.0 FTE positions........         6,083,100

 

GROSS APPROPRIATION.................................... $     13,090,900

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from LARA (LCC), liquor quality testing fees.......           213,500

 

   Federal revenues:

 


EPA, multiple grants...................................           168,900

 

HHS-FDA................................................           613,100

 

USDA, multiple grants..................................         1,599,500

 

   Special revenue funds:

 

Agriculture equine industry development fund...........           611,700

 

Agriculture licensing and inspection fees..............            77,400

 

Gasoline inspection and testing fund...................         2,562,300

 

Refined petroleum fund.................................         3,691,700

 

Renewable fuels fund...................................            51,800

 

Testing fees...........................................           288,400

 

Weights and measures regulation fees...................         1,002,200

 

State general fund/general purpose..................... $      2,210,400

 

   Sec. 109.  AGRICULTURE DEVELOPMENT

 

   Full-time equated classified positions........... 14.0

 

Agriculture development--11.0 FTE positions............ $      3,579,500

 

Food and agriculture industry growth initiative........         1,000,000

 

Grape and wine program--3.0 FTE positions..............           828,500

 

Rural development value-added grants...................         1,050,000

 

GROSS APPROPRIATION.................................... $      6,458,000

 

    Appropriated from:

 

   Federal revenues:

 

USDA, multiple grants..................................         2,300,000

 

   Special revenue funds:

 

Industry support funds.................................           131,900

 

Nonretail liquor fees..................................           783,400

 

State general fund/general purpose..................... $      3,242,700

 

   Sec. 110.  FAIRS AND EXPOSITIONS

 


   Full-time equated classified positions............ 1.0

 

Fairs and racing--1.0 FTE position..................... $        356,700

 

Shows and expositions..................................            50,000

 

County fairs capital improvement grants................           320,000

 

Purses and supplements - fairs/licensed tracks.........           708,300

 

Licensed tracks - light horse racing...................            40,300

 

Light horse racing - breeders' awards..................            20,000

 

Standardbred breeders' awards..........................           285,900

 

Standardbred purses and supplements - licensed tracks..           527,800

 

Standardbred sire stakes...............................           239,000

 

Thoroughbred supplements - licensed tracks.............           385,900

 

Thoroughbred breeders' awards..........................           358,600

 

Thoroughbred sire stakes...............................           244,800

 

GROSS APPROPRIATION.................................... $      3,537,300

 

    Appropriated from:

 

   Special revenue funds:

 

Agriculture equine industry development fund...........         3,167,300

 

State general fund/general purpose..................... $        370,000

 

   Sec. 111.  ONE-TIME BASIS ONLY

 

Food and agriculture industry growth initiative........ $      2,000,000

 

Muskegon farmers market................................           200,000

 

Ottawa County agriculture incubator....................           500,000

 

GROSS APPROPRIATION.................................... $      2,700,000

 

    Appropriated from:

 

State general fund/general purpose..................... $      2,700,000

 

 

 

 

 


PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2014-2015

 

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 2014-2015 is $73,919,600.00 and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2014-2015 is $4,750,000.00. The itemized

 

statement below identifies appropriations from which spending to

 

local units of government will occur:

 

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

 

Environmental stewardship.............................. $        209,000

 

Michigan agriculture environment assurance program.....         2,000,000

 

Local conservation districts...........................         1,041,000

 

Qualified forest program...............................        1,500,000

 

TOTAL.................................................. $      4,750,000

 

     Sec. 202. The appropriations authorized under part 1 and this

 

part are subject to the management and budget act, 1984 PA 431, MCL

 

18.1101 to 18.1594.

 

     Sec. 203. As used in part 1 and this part:

 

     (a) "Department" means the department of agriculture and rural

 

development.

 

     (b) "Director" means the director of the department.

 

     (c) "EPA" means the United States environmental protection

 

agency.

 

     (d) "Fiscal agencies" means the Michigan house fiscal agency

 


and the Michigan senate fiscal agency.

 

     (e) "FTE" means full-time equated.

 

     (f) "HHS-FDA" means the United States department of health and

 

human services - food and drug administration.

 

     (g) "IDG" means interdepartmental grant.

 

     (h) "LARA" means the Michigan department of licensing and

 

regulatory affairs.

 

     (i) "LCC" means the Michigan liquor control commission.

 

     (j) "MDEQ" means the Michigan department of environmental

 

quality.

 

     (k) "MDNR" means the Michigan department of natural resources.

 

     (l) "MOU" means memorandum of understanding.

 

     (m) "Subcommittees" means all members of the subcommittees of

 

the house and senate appropriations committees with jurisdiction

 

over the budget for the department.

 

     (n) "TB" means tuberculosis.

 

     (o) "USDA" means the United States department of agriculture.

 

     Sec. 205. (1) For each new program or program expansion for

 

which funds in excess of $500,000.00 are appropriated in part 1,

 

the department shall identify specific benchmarks intended to

 

measure the performance or return on taxpayer investment of the

 

program and its associated expenditures. Not later than November 1,

 

2014, the department shall report the proposed benchmarks to the

 

house and senate appropriations subcommittees for that department,

 

the house and senate fiscal agencies, and the state budget

 

director. The department shall provide an update on its progress in

 

achieving those benchmarks at an appropriations subcommittee

 


meeting called for the purpose of discussing benchmarks and their

 

status.

 

     (2) It is the intent of the legislature that, beginning with

 

the budget for the fiscal year ending September 30, 2016, any

 

proposal for a new program or an expansion of an existing program

 

in excess of $500,000.00 initiated by the executive branch or the

 

legislature shall include, as part of the original proposal or

 

budget request, a list of benchmarks intended to measure the

 

performance or return on taxpayer investment of the program or

 

spending increase.

 

     Sec. 206. (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $5,000,000.00 for

 

federal contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in part 1 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 $6,000,000.00 for state

 

restricted contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in part 1 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 $100,000.00 for local

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in part 1

 

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 $100,000.00 for private

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in part 1

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

     Sec. 207. The department shall cooperate with the department

 

of technology, management, and budget to maintain a searchable

 

website accessible by the public at no cost that includes, but is

 

not limited to, all of the following:

 

     (a) Fiscal year-to-date expenditures by category.

 

     (b) Fiscal year-to-date expenditures by appropriation unit.

 

     (c) Fiscal year-to-date payments to a selected vendor,

 

including the vendor name, payment date, payment amount, and

 

payment description.

 

     (d) The number of active department employees by job

 

classification.

 

     (e) Job specifications and wage rates.

 

     Sec. 208. The departments and agencies receiving

 

appropriations in part 1 shall use the Internet to fulfill the

 

reporting requirements of this part. This requirement may include

 

transmission of reports 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. 209. Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 


competitively priced and of comparable quality American goods or

 

services, or both, are available. Preference shall 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 shall 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. 210. 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.

 

Each 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. 212. The department and agencies receiving appropriations

 

in part 1 shall receive and retain copies of all reports funded

 

from appropriations in part 1. Federal and state guidelines for

 

short-term and long-term retention of records shall be followed.

 

The department may electronically retain copies of reports unless

 

otherwise required by federal and state guidelines.

 

     Sec. 215. The department shall not take disciplinary action

 

against an employee for communicating with a member of the

 

legislature or his or her staff.

 

     Sec. 218. The departments and agencies receiving

 

appropriations in part 1 shall prepare a report on out-of-state

 

travel expenses not later than January 1 of each year. The travel

 

report shall be a listing of 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 house and senate appropriations committees, the

 

house and senate fiscal agencies, and the state budget director.

 

The report shall include the following information:

 

     (a) The dates of each travel occurrence.

 

     (b) 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.

 

     Sec. 228. Not later than November 30, the state budget office

 

shall prepare and transmit a report that provides for estimates of

 

the total general fund/general purpose appropriation lapses at the

 

close of the prior 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 chairpersons of the senate and house of

 

representatives standing committees on appropriations and the

 

senate and house fiscal agencies.

 

     Sec. 229. Within 14 days after the release of the executive

 

budget recommendation, the department shall cooperate with the

 

state budget office to provide the senate and house appropriations

 

chairs, the senate and house appropriations subcommittees on

 

agriculture and rural development, respectively, and the senate and

 

house fiscal agencies with an annual report on estimated state

 


restricted fund balances, state restricted fund projected revenues,

 

and state restricted fund expenditures for the fiscal years ending

 

September 30, 2014 and September 30, 2015.

 

     Sec. 230. 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 outside services that

 

the attorney general authorizes.

 

     Sec. 231. The department shall maintain, on a publicly

 

accessible website, a department scorecard that identifies, tracks,

 

and regularly updates key metrics that are used to monitor and

 

improve the agency's performance.

 

     Sec. 232. Total authorized appropriations from all sources

 

under part 1 for legacy costs for the fiscal year ending September

 

30, 2015 is $11,651,400.00. From this amount, total agency

 

appropriations for pension-related legacy costs are estimated at

 

$6,512,000.00. Total agency appropriations for retiree health care

 

legacy costs are estimated at $5,139,400.00.

 

 

 

DEPARTMENTWIDE

 

     Sec. 301. (1) Pursuant to the appropriations in part 1, the

 

department may receive and expend revenue and use that revenue to

 

cover necessary expenses related to publications, audit and

 

licensing functions, livestock sales, certification of nursery

 

stock, and laboratory analyses as specified in the following:

 

     (a) Management services publications.

 


     (b) Management services audit and licensing functions.

 

     (c) Pesticide and plant pest management propagation and

 

certification of virus-free foundation stock.

 

     (d) Pesticide and plant pest management grading services.

 

     (e) Laboratory support testing for testing horses in draft

 

horse pulling contests at county fairs when local jurisdictions

 

request state assistance.

 

     (f) Laboratory support analyses to determine foreign

 

substances in horses engaged in racing or pulling contests at

 

tracks.

 

     (g) Laboratory support analyses of food, livestock, and

 

agricultural products for disease, foreign products for disease,

 

toxic materials, foreign substances, and quality standards.

 

     (h) Laboratory support test samples for other agencies and

 

organizations.

 

     (i) Fruit and vegetable inspection at shipping and termination

 

points and processing plants.

 

     (2) The department shall notify the subcommittees and the

 

fiscal agencies 30 days prior to proposing changes in fees

 

authorized under this section or under section 5 of 1915 PA 91, MCL

 

285.35.

 

     (3) Annually, before February 1, the department shall provide

 

a report to the subcommittees and the fiscal agencies detailing all

 

the fees charged by the department under the authorization provided

 

in this section, including, but not limited to, rates, number of

 

individuals paying each fee, and the revenue generated by each fee

 

in the previous fiscal year.

 


     Sec. 302. Of the funds appropriated in part 1 that are other

 

than line-item grants, the department shall not provide grants to

 

local government agencies, institutions of higher education, or

 

nonprofit organizations unless the department provides notice of

 

the grant to the subcommittees and fiscal agencies at least 10 days

 

before the grant is issued. The grants shall be used to support

 

research or other related activities for the purpose of enhancing

 

the agricultural industries in this state.

 

 

 

FOOD AND DAIRY

 

     Sec. 402. Not later than April 1, the department shall provide

 

a report to the subcommittees and the fiscal agencies describing

 

significant food-borne outbreaks and emergencies, including any

 

enforcement actions taken related to food safety during the

 

immediately preceding fiscal year.

 

 

 

ANIMAL INDUSTRY

 

     Sec. 451. From the funds appropriated in part 1 for bovine

 

tuberculosis, the department shall pay for all whole herd testing

 

costs and individual animal testing costs in the modified

 

accredited zone to maintain split-state status requirements. These

 

costs include indemnity and compensation for injury causing death

 

or downer to animals.

 

     Sec. 453. (1) Of the funds appropriated in part 1, the

 

department may provide for indemnity as provided for pursuant to

 

the animal industry act, 1988 PA 466, MCL 287.701 to 287.746, not

 

to exceed $100,000.00 per order from any line item for the current

 


fiscal year. Before the department provides for an indemnification

 

under this section, the department shall report the reason for the

 

indemnification, the amount of the indemnification, and to whom the

 

indemnification is to be paid. The report shall be given to the

 

subcommittees and the fiscal agencies.

 

     (2) The department of agriculture and rural development shall

 

make an indemnification payment for the fair market value of

 

livestock killed by a wolf, coyote, or cougar, if the kill is

 

verified by the department of natural resources. The fair market

 

value of the livestock shall be determined pursuant to the

 

indemnification procedures prescribed in the animal industry act,

 

1988 PA 466, MCL 287.701 to 287.746.

 

     (3) The funds appropriated in part 1 for indemnification -

 

livestock depredation are appropriated for indemnification payments

 

and related department costs under subsection (2). On or before

 

March 1 of the current fiscal year, the department shall report to

 

the subcommittees and the fiscal agencies on costs incurred in the

 

previous 2 fiscal years for indemnification payments to producers

 

made under subsection (2) and related department costs.

 

     Sec. 454. The department shall use its resources to

 

collaborate with the USDA to obtain TB-free status for the area of

 

the Lower Peninsula that is zoned as modified accredited advanced.

 

The department shall also aggressively work toward eradicating

 

bovine TB in the modified accredited zone. The department shall

 

also convene a workgroup to work toward eradicating bovine TB in

 

the modified accredited zone.

 

     Sec. 456. Of the funds appropriated in part 1, no funds shall

 


be used to enforce the mandatory electronic animal identification

 

program for any domestic animals other than cattle until specific

 

procedures and guidelines for electronic animal identification are

 

outlined in statute.

 

     Sec. 457. On or before October 15 of the current fiscal year

 

and on a quarterly basis thereafter, the department shall report to

 

the senate and house agriculture committees, the subcommittees, and

 

the fiscal agencies on the department's progress toward meeting the

 

USDA requirements as outlined in the March 2007 bovine TB program

 

review. The report shall include, but is not limited to,

 

information and data on: wildlife risk mitigation plan

 

implementation in the modified accredited zone; implementation of a

 

movement certificate process; progress toward annual surveillance

 

test requirements set out in the June 2007 MOU; efforts to work

 

with slaughter facilities in Michigan, as well as those that

 

slaughter a significant number of animals from Michigan;

 

educational programs and information for Michigan's livestock

 

community; any other item the legislature should be aware of that

 

will promote or hinder efforts to achieve bovine TB-free status for

 

Michigan.

 

     Sec. 458. From the funds appropriated in part 1 for animal

 

industry, the department shall provide inspection and testing of

 

aquaculture facilities and aquaculture researchers as provided

 

under section 7 of the Michigan aquaculture development act, 1996

 

PA 199, MCL 286.877. It is the intent of the legislature that the

 

department shall work with aquaculture facilities and aquaculture

 

researchers to identify, contain, and eradicate viral hemorrhagic

 


septicemia in this state.

 

     Sec. 459. It is the intent of the legislature that the

 

department shall not conduct whole herd bovine TB testing on any 1

 

herd in a TB-free zone more often than every 4 years or re-test

 

until all other herds in their county have been tested, unless

 

involved in an epidemiological investigation, there is an outbreak

 

within a 10 radius mile area, or is not on a verified wildlife risk

 

mitigated premises. If there is an outbreak within a 10 radius mile

 

area, protocols outlined by the current memorandum of understanding

 

with the USDA shall be used.

 

 

 

ENVIRONMENTAL STEWARDSHIP

 

     Sec. 601. The part 1 appropriation line item environmental

 

stewardship shall be used to support department agriculture

 

pollution prevention programs, including groundwater and freshwater

 

protection programs under part 87 of the Michigan natural resources

 

and environmental protection act, 1994 PA 451, MCL 324.8701 to

 

324.8717, and technical assistance in implementing conservation

 

grants available under the federal farm bill of 2014.

 

     Sec. 603. The appropriation in part 1 for local conservation

 

districts shall be allocated in the following manner:

 

     (a) Of the total appropriation, local conservation districts

 

shall receive funds to carry out the functions of environmental

 

conservation and protection programs within that district. The

 

amount of money allocated under this subdivision shall not be used

 

by local conservation districts to replace any funds received from

 

local sources.

 


     (b) Any amount remaining from the appropriation after

 

distributions under subdivision (a) shall be allocated for local

 

conservation district training.

 

     Sec. 604. (1) Federal revenues authorized by and available

 

from the federal government in excess of the appropriation in part

 

1 under section 107 are appropriated and may be received and

 

expended by the department for purposes authorized under state law

 

and subject to federal requirements.

 

     (2) The department shall notify the subcommittees and fiscal

 

agencies prior to expending federal revenues received and

 

appropriated under subsection (1).

 

     Sec. 605. No funds other than those appropriated in part 1 for

 

the Michigan agriculture environmental assurance program shall be

 

expended for administration or implementation of the Michigan

 

agriculture environmental assurance program.

 

     Sec. 607. (1) It is the intent of the legislature that the

 

department continue its activities in support of intercounty

 

drainage districts as provided in chapter 5 of the drain code of

 

1956, 1956 PA 40, MCL 280.101 to 280.106.

 

     (2) The department shall work with representatives of

 

intercounty drainage districts to develop a mutually agreeable

 

method of funding department costs associated with the intercounty

 

drainage program.

 

     Sec. 608. (1) The appropriations in part 1 for qualified

 

forest affidavit program are for the purpose of increasing the

 

knowledge of nonindustrial private forestland owners of sound

 

forest management practices and increasing the amount of commercial

 


timber production from those lands.

 

     (2) The department shall work in partnership with stakeholder

 

groups and other state and federal agencies to increase the active

 

management of nonindustrial private forestland to foster the growth

 

of Michigan's timber product industry.

 

     Sec. 609. From the appropriation in part 1 for commercial

 

forestry audit program, it is the intent of the legislature to

 

provide grant funding to the qualified nonprofit sustainable

 

forestry initiative to work with public and private forestland

 

owners to conduct site visits and prepare an analysis and audit of

 

statewide best management practices for water quality and the

 

related forest ecosystem, including native plant and animal species

 

and wildlife habitat. The best management practices audit shall be

 

performed by an audit team composed of qualified professionals,

 

including, but not limited to, the department, the department of

 

environmental quality, university faculty, and conservation groups.

 

 

 

AGRICULTURE DEVELOPMENT

 

     Sec. 701. (1) The department shall establish and administer a

 

rural development value-added grant program. The program shall

 

promote the expansion of value-added agricultural production,

 

processing, and access within the state.

 

     (2) The department shall award grants on a competitive basis

 

from the funds appropriated in part 1 for rural development value-

 

added grants. Grantees will be required to provide a cash match and

 

identify measurable project outcomes. Eligible grantees may

 

include, but are not limited to, individuals, partnerships,

 


cooperatives, private or public corporations, and local units of

 

government.

 

     (3) A joint evaluation committee shall be selected by the

 

director with representatives with agriculture, business, and

 

economic development expertise. The joint evaluation committee

 

shall identify criteria, evaluate applications, and provide

 

recommendations to the director for final approval of grant awards.

 

     (4) The department may expend money from the funds

 

appropriated in part 1 for the rural development value-added grants

 

for administering the program.

 

     (5) The unexpended portion of the rural development value-

 

added grant program is considered a work project appropriation in

 

accordance with the management and budget act, 1984 PA 431, MCL

 

18.1101 to 18.1594.

 

     (6) The department shall provide an interim report no later

 

than March 15 of the current fiscal year and a year-end report no

 

later than September 30 of the current fiscal year to the

 

subcommittees and the fiscal agencies, including the grantees,

 

award amount, match funding, and project outcomes.

 

     (7) Notwithstanding any other provisions of this section, the

 

department shall award a $200,000.00 rural development value-added

 

grant to the Eastern Michigan food bank for completion of its new

 

food hub facility.

 

     Sec. 706. Not later than April 1 of the current fiscal year,

 

the department shall provide a report to the subcommittees and the

 

fiscal agencies describing the department's agriculture development

 

and export market development activities. The report shall identify

 


grants awarded during the prior fiscal year, including a

 

description of federal or private funds made available as a result

 

of department activities.

 

     Sec. 709. (1) Not later than April 1 of the current fiscal

 

year, the department shall provide a report to the subcommittees

 

and the fiscal agencies describing the activities of the grape and

 

wine industry council established under section 303 of the Michigan

 

liquor control act of 1998, 1998 PA 58, MCL 436.1303.

 

     (2) The report shall include all of the following:

 

     (a) Council activities and accomplishments for the previous

 

fiscal year.

 

     (b) Council expenditures for the previous fiscal year by

 

category of administration, industry support, research and

 

education grants, and promotion and consumer education.

 

     (c) Grants awarded during the prior fiscal year and the

 

results of research grant projects completed during the prior

 

fiscal year.

 

     Sec. 711. (1) The department shall establish and administer

 

the food and agriculture industry growth initiative. The program

 

shall use a grant process to support research, education, and

 

technical assistance efforts focused on removing barriers and

 

leveraging opportunities identified by those in the food and

 

agriculture industry as critical to business development and growth

 

within the state.

 

     (2) In addition to the funds appropriated in part 1, the

 

department of agriculture and rural development may receive and

 

expend funds received from outside sources for the food and

 


agriculture industry growth initiative.

 

     (3) The director shall establish a consortium of interested

 

parties including those involved in the food and agriculture

 

industry sector to develop the program priorities described in

 

subsection (1).

 

     (4) The department shall award grants from the funds

 

appropriated in part 1 or received from outside sources under

 

subsection (2) for food and agriculture industry growth initiative

 

grants. Grantees will be required to identify measurable project

 

outcomes.

 

     (5) A joint evaluation committee selected by the director

 

shall evaluate applications and provide recommendations to the

 

director for final approval of grant awards.

 

     (6) The department may expend money from the funds

 

appropriated in part 1 for the food and agriculture industry growth

 

initiative for administering the program.

 

     (7) Notwithstanding other provisions of this section, of the

 

funds appropriated in part 1 for food and agriculture industry

 

growth initiative, $250,000.00 shall be designated for a regional

 

public private partnership consisting of Michigan Technological

 

University and at least 1 pulp and paper manufacturing operation

 

focused on removing existing barriers and leveraging opportunities

 

directly related to combined heat and power co-located with

 

sustainable agricultural food processing operations.

 

 

 

FAIRS AND EXPOSITIONS

 

     Sec. 801. All appropriations from the agriculture equine

 


industry development fund shall be spent on equine-related

 

purposes. No funds from the agriculture equine industry development

 

fund shall be expended for nonequine-related purposes without prior

 

approval of the legislature.

 

     Sec. 802. All appropriations from the agriculture equine

 

industry development fund, except for the Michigan gaming control

 

board's regulatory expenses and the department's expenses to

 

administer horse racing programs and laboratory analysis, shall be

 

reduced proportionately if revenues to the agriculture equine

 

industry development fund decline during the preceding fiscal year

 

to a level lower than the amounts appropriated in part 1.

 

     Sec. 803. (1) In the event there is no live thoroughbred race

 

meet in 2014 or 2015, all purse money and program money

 

appropriated for the thoroughbred industry in fiscal year 2013-2014

 

and fiscal year 2014-2015 shall be held in escrow for a period not

 

to exceed 18 months, or until a thoroughbred race meet license is

 

applied for and granted by the Michigan gaming control board.

 

     (2) In the event there is no live standardbred race meet in

 

2014 or 2015, all purse money and program money appropriated for

 

the standardbred industry in fiscal year 2013-2014 and fiscal year

 

2014-2015 shall be held in escrow for a period not to exceed 18

 

months, or until a standardbred race meet license is applied for

 

and granted by the Michigan gaming control board.

 

     Sec. 804. It is the intent of the legislature that the

 

Michigan gaming control board shall use actual expenditure data in

 

determining the actual regulatory costs of conducting racing dates

 

and shall provide that data to the senate and house of

 


representatives appropriations subcommittees on agriculture and

 

rural development and general government and the fiscal agencies by

 

November 1 of the current fiscal year. The Michigan gaming control

 

board shall not be reimbursed for more than the actual regulatory

 

cost of conducting race dates. If a certified horsemen's

 

organization funds more than the actual regulatory cost, the

 

balance shall remain in the agriculture equine industry development

 

fund to be used to fund subsequent race dates conducted by race

 

meeting licensees with which the certified horsemen's organization

 

has contracts. If a certified horsemen's organization funds less

 

than the actual regulatory costs of the additional horse racing

 

dates, the Michigan gaming control board shall reduce the number of

 

future race dates conducted by race meeting licensees with which

 

the certified horsemen's organization has contracts. Prior to the

 

reduction in the number of authorized race dates due to budget

 

deficits, the executive director of the Michigan gaming control

 

board shall provide notice to the certified horsemen's

 

organizations with an opportunity to respond with alternatives. In

 

determining actual costs, the Michigan gaming control board shall

 

take into account that each specific breed may require different

 

regulatory mechanisms.

 

     Sec. 805. (1) The department shall establish and administer a

 

county fairs capital improvement grant program. The program shall

 

assist in the promotion of building improvements or other capital

 

improvements at county fairgrounds of the state.

 

     (2) The department shall award grants on a competitive basis

 

to county fair organizations from the funds appropriated in part 1

 


for county fairs capital improvements grants. Grantees will be

 

required to provide a dollar-for-dollar cash match with grant

 

awards and identify measurable project outcomes.

 

     (3) The department shall identify criteria, evaluate

 

applications, and provide recommendations to the director for final

 

approval of grant awards.

 

     (4) The department may expend money from the funds

 

appropriated in part 1 for the county fairs capital improvement

 

grants for administering the program.

 

     (5) The unexpended portion of the county fairs capital

 

improvement grant program is considered a work project

 

appropriation in accordance with the management and budget act,

 

1984 PA 431, MCL 18.1101 to 18.1594.

 

     (6) The department shall provide a year-end report no later

 

than December 1, 2015 to the subcommittees and the fiscal agencies,

 

including the grantees, award amount, match funding, and project

 

outcomes.

 

     Sec. 806. (1) The amount appropriated in part 1 for shows and

 

expositions shall be expended for the purpose of financial support,

 

promotion, prizes, and premiums of equine, livestock, and other

 

agricultural commodity expositions in Michigan.

 

     (2) The department shall award grants for the purposes

 

stipulated in subsection (1) on a competitive basis to persons

 

organizing shows and expositions from the funds appropriated in

 

part 1 for shows and expositions. Grantees will be required to

 

provide a dollar-for-dollar cash match with grant awards and

 

identify measurable project outcomes.

 


     (3) The department shall identify criteria, evaluate

 

applications, and provide recommendations to the director for final

 

approval of grant awards.

 

     (4) The unexpended portion of the appropriation for shows and

 

expositions is considered a work project appropriation in

 

accordance with the management and budget act, 1984 PA 431, MCL

 

18.1101 to 18.1594.

 

     (5) The department shall provide a year-end report no later

 

than December 1, 2015 to the subcommittees and the fiscal agencies,

 

including the grantees, award amount, match funding, and project

 

outcomes.

 

 

 

ONE-TIME BASIS APPROPRIATIONS ONLY

 

     Sec. 1101. The 1-time appropriations in part 1 for food and

 

agriculture industry growth initiative shall be expended in

 

accordance with the requirements of section 711 of this part.

 

 

 

 

 

PART 2A

 

PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS

 

FOR FISCAL YEAR 2015-2016

 

GENERAL SECTIONS

 

     Sec. 1201. It is the intent of the legislature to provide

 

appropriations for the fiscal year ending on September 30, 2016 for

 

the line items listed in part 1. The fiscal year 2015-2016

 

appropriations are anticipated to be the same as those for fiscal

 

year 2014-2015, except that the line items will be adjusted for

 


changes in caseload and related costs, federal fund match rates,

 

economic factors, and available revenue. These adjustments will be

 

determined after the January 2015 consensus revenue estimating

 

conference.