SB-0760, As Passed Senate, April 29, 2014

 

 

 

 

 

 

 

 

 

 

 

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.......... 447.0


 

GROSS APPROPRIATION.................................... $     82,596,900

 

   Interdepartmental grant revenues:

 

IDG from LARA (LCC), liquor quality testing fees.......           216,700

 

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

 

Total interdepartmental grants and intradepartmental

 

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

 

ADJUSTED GROSS APPROPRIATION........................... $     82,278,800

 

   Federal revenues:

 

USDA, multiple grants..................................         5,431,400

 

EPA, multiple grants...................................         1,000,200

 

HHS-FDA................................................         2,438,100

 

Department of interior.................................           343,200

 

Total federal revenues.................................         9,212,900

 

   Special revenue funds:

 

Total local revenues...................................                 0

 

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

 

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

 

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

 

Agriculture preservation fund..........................           599,200

 

Agriculture equine industry development fund...........         3,863,800

 

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

 

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

 

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

 

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

 

Freshwater protection fund.............................         5,187,200

 

Gasoline inspection and testing fund...................         2,593,700

 

Grain dealer's fee fund................................           606,400


 

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

 

Industry support funds.................................           428,400

 

Agriculture licensing and inspection fees..............         4,081,000

 

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

 

Nonretail liquor fees..................................           811,700

 

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

 

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

 

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

 

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

 

Total other state restricted revenues..................        24,091,400

 

State general fund/general purpose..................... $     48,876,200

 

   State general fund/general purpose schedule:

 

   Ongoing state general fund/general purpose 46,876,200

 

   One-time state general fund/general purpose  2,000,000

 

    Sec. 102. DEPARTMENTWIDE

 

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

 

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

 

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

 

Unclassified positions.................................           724,700

 

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

 

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

 

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

 

Emergency management--2.0 FTE positions................           559,500

 

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

 

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

 

GROSS APPROPRIATION.................................... $      5,508,000

 

    Appropriated from:


 

   Federal revenues:

 

HHS-FDA................................................           282,600

 

   Special revenue funds:

 

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

 

Agriculture preservation fund..........................            15,000

 

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

 

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

 

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

 

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

 

State general fund/general purpose..................... $      4,917,200

 

   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:

 

Agriculture preservation fund..........................               200

 

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

 

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

 

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

 

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

 

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:

 

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

 

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

 

   Special revenues 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:

 

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

 

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

 

   Special revenue funds:

 

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

 

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

 

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:

 

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

 

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

 

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

 

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

 

   Special revenue funds:

 

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

 

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

 

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

 

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

 

   Sec. 107. ENVIRONMENTAL STEWARDSHIP

 

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

 

Environmental stewardship - Michigan agriculture

 

   environmental assurance program--23.0 FTE positions.. $      7,704,000

 

Farmland and open space preservation--7.0 FTE

 

   positions............................................           584,000

 

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

 

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

 

Local conservation districts...........................               100


 

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.................................... $     13,231,500

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

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

 

   Federal revenues:

 

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

 

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

 

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

 

   Special revenue funds:

 

Agriculture preservation fund..........................           584,000

 

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

 

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

 

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

 

State general fund/general purpose..................... $      5,990,300

 

   Sec. 108. LABORATORY PROGRAM

 

   Full-time equated classified positions........... 91.0

 

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........         5,831,100

 

Engine oil inspection and enforcement --1.0 FTE position          190,000

 

GROSS APPROPRIATION.................................... $     13,028,900

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

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


 

   Federal revenues:

 

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

 

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

 

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

 

   Special revenue funds:

 

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

 

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

 

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

 

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

 

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

 

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

 

State general fund/general purpose..................... $      5,840,100

 

   Sec. 109. AGRICULTURAL DEVELOPMENT

 

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

 

Agricultural development--11.0 FTE positions........... $      2,728,600

 

Grape and wine program--3.0 FTE positions..............           808,500

 

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

 

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

 

GROSS APPROPRIATION.................................... $      5,587,100

 

    Appropriated from:

 

   Federal revenues:

 

USDA, multiple grants..................................         1,429,100

 

   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 position............. 1.0

 

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

 

County fairs capital improvement grants................           301,600

 

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.................................... $      3,468,900

 

    Appropriated from:

 

   Special revenue funds:

 

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

 

State general fund/general purpose..................... $        301,600

 

   Sec. 111. ONE-TIME BASIS ONLY APPROPRIATIONS

 

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

 

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

 

    Appropriated from:

 

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

 

 

 

 

 

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 $72,967,600.00 and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2014-2015 is $5,000,000.00. The itemized

 

statement below identifies appropriations from which spending to

 

local units of government will occur:

 

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

 

Environmental stewardship.............................. $      3,500,000

 

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

 

TOTAL.................................................. $      5,000,000

 

     Sec. 202. The appropriations authorized under this part and

 

part 1 are subject to the management and budget act, 1984 PA 431,

 

MCL 18.1101 to 18.1594.

 

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

 

     (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) "FTE" means full-time equated.

 

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

 

human services - food and drug administration.

 

     (f) "IDG" means interdepartmental grant.

 

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

 

regulatory affairs.


 

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

 

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

 

quality.

 

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

 

     (k) "MOU" means memorandum of understanding.

 

     (l) "TB" means tuberculosis.

 

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

 

     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. Unless otherwise specified, the department 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 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 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 are $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 senate and house

 

appropriations subcommittees on agriculture and rural development

 

and the senate and house 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 senate and house appropriations subcommittees on

 

agriculture and rural development and the senate and house 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 senate and house appropriations subcommittees on

 

agriculture and rural development 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 senate and house appropriations subcommittees on

 

agriculture and rural development and the senate and house fiscal

 

agencies describing significant food-borne outbreaks and

 

emergencies, including any enforcement actions taken related to

 

food safety during the 2013-2014 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 fiscal

 

year ending September 30, 2014. 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 each member of the senate and house

 

appropriations subcommittees on agriculture and rural development

 

and to the senate and house fiscal agencies and to the state budget

 

director.

 

     (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 house and senate appropriations subcommittees on agriculture

 

and rural development, and the house and senate fiscal agencies, on

 

costs incurred in the 2012-2013 and 2013-2014 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 senate and house

 

appropriations subcommittees on agriculture and rural development,

 

and the senate and house 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.

 

 

 

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. 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 of natural resources,

 

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 year-end report no

 

later than September 30 of the current fiscal year to the senate

 

and house appropriations subcommittees on agriculture and rural

 

development and the senate and house fiscal agencies, including the

 

grantees, award amount, match funding, and project outcomes.

 

     (7) Notwithstanding 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 senate and house

 

appropriations subcommittees on agriculture and rural development

 

and the senate and house 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 senate and house

 

appropriations subcommittees on agriculture and rural development

 

and the senate and house 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, $390,000.00 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 racing commission and

 

laboratory analysis program appropriations, shall be reduced

 

proportionately if revenues to the agriculture equine industry

 

development fund decline during the fiscal year ending September

 

30, 2014 to a level lower than the amounts appropriated in section

 

110.

 

     Sec. 804. 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

 

senate and house 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 September 30 of the current fiscal year to the senate and

 

house appropriations subcommittees on agriculture and rural

 

development and the senate and house fiscal agencies, including the

 

grantees, award amount, match funding, and project outcomes.

 

 

 

ONE-TIME BASIS ONLY APPROPRIATIONS

 

     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.