FIRST CONFERENCE REPORT
The Committee of Conference on the matters of difference between the two Houses concerning
Senate Bill No. 115, entitled
A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2016; 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, 2016; and to provide for the expenditure of the appropriations.
_______________________ ________________________
Mike Green Nancy E. Jenkins
_______________________ ________________________
Jim Stamas Roger Victory
_______________________ ________________________
Hoon-Yung Hopgood Jon Hoadley
Conferees for the Senate Conferees for the House
SUBSTITUTE FOR
SENATE BILL NO. 115
A bill to make appropriations for the department of
agriculture and rural development for the fiscal year ending
September 30, 2016; 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, 2016, from the following funds:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 454.0
GROSS APPROPRIATION.................................... $ 86,594,000
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 216,100
IDG from MDEQ, biosolids............................... 101,200
Total interdepartmental grants and intradepartmental
transfers............................................ 317,300
ADJUSTED GROSS APPROPRIATION........................... $ 86,276,700
Federal revenues:
Department of Interior................................. 342,600
EPA, multiple grants................................... 1,092,900
HHS-FDA................................................ 2,697,700
USDA, multiple grants.................................. 6,294,700
Total federal revenues................................. 10,427,900
Special revenue funds:
Private - commodity group revenue...................... 107,300
Private - Slow-the-Spread Foundation................... 20,800
Total private revenues................................. 128,100
Agricultural preservation fund......................... 598,900
Agriculture equine industry development fund........... 4,277,500
Agriculture licensing and inspection fees.............. 4,345,500
Animal welfare fund.................................... 217,100
Commodity inspection fees.............................. 508,600
Consumer and industry food safety education fund....... 348,800
Dairy and food safety fund............................. 4,870,700
Feed control fund...................................... 971,000
Freshwater protection fund............................. 6,316,600
Gasoline inspection and testing fund................... 2,618,700
Grain dealers fee fund................................. 605,200
Horticulture fund...................................... 38,200
Industry support funds................................. 426,700
Migratory labor housing fund........................... 164,400
Nonretail liquor fees.................................. 839,900
Private forestland enhancement fund.................... 284,900
Refined petroleum fund................................. 3,874,600
Renewable fuels fund................................... 51,800
Testing fees........................................... 287,600
Weights and measures regulations fees.................. 1,000,400
Total other state restricted revenues.................. 32,647,100
State general fund/general purpose..................... $ 43,073,600
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose............................................. $ 41,873,600
One-time state general fund/general
purpose............................................. $ 1,200,000
Sec. 102. DEPARTMENTWIDE
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 28.0
Commissions and boards................................. $ 23,800
Unclassified positions--6.0 FTE positions.............. 532,600
Executive direction--9.0 FTE positions................. 1,376,100
Operational services--15.0 FTE positions............... 1,736,700
Statistical reporting service--1.0 FTE position........ 150,400
Emergency management--3.0 FTE positions................ 600,300
Accounting service center.............................. 1,115,900
Building occupancy charges............................. 625,300
GROSS APPROPRIATION.................................... $ 6,161,100
Appropriated from:
Federal revenues:
HHS-FDA................................................ 324,100
Special revenue funds:
Private - commodity group revenue...................... 77,400
Agricultural preservation fund......................... 15,100
Agriculture licensing and inspection fees.............. 293,200
Dairy and food safety fund............................. 384,400
Freshwater protection fund............................. 22,300
Gasoline inspection and testing fund................... 74,000
Grain dealers fee fund................................. 7,300
Industry support funds................................. 52,800
Migratory housing fund................................. 26,200
Nonretail liquor fees.................................. 27,900
Refined petroleum fund................................. 220,300
State general fund/general purpose..................... $ 4,636,100
Sec. 103. INFORMATION AND TECHNOLOGY
Information technology services and projects........... $ 1,372,500
GROSS APPROPRIATION.................................... $ 1,372,500
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 3,200
Special revenue funds:
Agricultural preservation fund......................... 200
Agriculture licensing and inspection fees.............. 32,400
Freshwater protection fund............................. 100
Gasoline inspection and testing fund................... 31,400
Nonretail liquor fees.................................. 500
State general fund/general purpose..................... $ 1,304,700
Sec. 104. FOOD AND DAIRY
Full-time equated classified positions.......... 121.0
Food safety and quality assurance--91.0 FTE positions.. $ 13,537,800
Milk safety and quality assurance--30.0 FTE positions.. 4,170,600
GROSS APPROPRIATION.................................... $ 17,708,400
Appropriated from:
Federal revenues:
HHS-FDA................................................ 1,172,000
USDA, multiple grants.................................. 133,800
Special revenue funds:
Consumer and industry food safety education fund....... 348,800
Dairy and food safety fund............................. 4,486,300
State general fund/general purpose..................... $ 11,567,500
Sec. 105. ANIMAL INDUSTRY
Full-time equated classified positions........... 60.0
Animal disease prevention and response--60.0 FTE
positions............................................ $ 8,881,000
Indemnification - livestock depredation................ 50,000
GROSS APPROPRIATION.................................... $ 8,931,000
Appropriated from:
Federal revenues:
HHS-FDA................................................ 65,600
USDA, multiple grants.................................. 518,600
Special revenue funds:
Private commodity group revenue........................ 29,900
Agriculture licensing and inspection fees.............. 48,900
Animal welfare fund.................................... 217,100
State general fund/general purpose..................... $ 8,050,900
Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions........... 85.0
Pesticide and plant pest management--80.0 FTE
positions............................................ $ 13,271,100
Producer security/grain dealers--5.0 FTE positions..... 643,800
GROSS APPROPRIATION.................................... $ 13,914,900
Appropriated from:
Federal revenues:
Department of Interior................................. 222,000
EPA, multiple grants................................... 319,700
HHS-FDA................................................ 524,300
USDA, multiple grants.................................. 829,800
Special revenue funds:
Private - Slow-the-Spread Foundation................... 20,800
Agriculture licensing and inspection fees.............. 3,893,600
Commodity inspection fees.............................. 508,600
Feed control fund...................................... 971,000
Freshwater protection fund............................. 151,400
Grain dealers fee fund................................. 597,900
Horticulture fund...................................... 38,200
Industry support funds................................. 242,300
State general fund/general purpose..................... $ 5,595,300
Sec. 107. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions........... 55.0
Environmental stewardship - MAEAP--23.0 FTE positions.. $ 9,128,500
Farmland and open space preservation--7.0 FTE
positions............................................ 905,200
Qualified forest program--9.0 FTE positions............ 2,532,500
Commercial forestry audit program...................... 300,000
Migrant labor housing--9.0 FTE positions............... 1,186,600
Right-to-farm--3.0 FTE positions....................... 567,900
Intercounty drain--4.0 FTE positions................... 474,100
GROSS APPROPRIATION.................................... $ 15,094,800
Appropriated from:
Interdepartmental grant revenues:
IDG from MDEQ, biosolids............................... 101,200
Federal revenues:
Department of Interior................................. 120,600
EPA, multiple grants................................... 604,700
USDA, multiple grants.................................. 916,700
Special revenue funds:
Agricultural preservation fund......................... 583,600
Freshwater protection fund............................. 6,142,800
Migratory labor housing fund........................... 138,200
Private forestland enhancement fund.................... 284,900
State general fund/general purpose..................... $ 6,202,100
Sec. 108. LABORATORY PROGRAM
Full-time equated classified positions........... 90.0
Laboratory services--37.0 FTE positions................ $ 5,322,000
USDA monitoring--13.0 FTE positions.................... 1,596,700
Consumer protection program--40.0 FTE positions........ 6,072,200
GROSS APPROPRIATION.................................... $ 12,990,900
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 212,900
Federal revenues:
EPA, multiple grants................................... 168,500
HHS-FDA................................................ 611,700
USDA, multiple grants.................................. 1,597,600
Special revenue funds:
Agriculture equine industry development fund........... 610,300
Agriculture licensing and inspection fees.............. 77,400
Gasoline inspection and testing fund................... 2,513,300
Refined petroleum fund................................. 3,654,300
Renewable fuels fund................................... 51,800
Testing fees........................................... 287,600
Weights and measures regulation fees................... 1,000,400
State general fund/general purpose..................... $ 2,205,100
Sec. 109. AGRICULTURE DEVELOPMENT
Full-time equated classified positions........... 14.0
Agriculture development--11.0 FTE positions............ $ 3,576,700
Grape and wine program--3.0 FTE positions.............. 856,500
Rural development value-added grants................... 800,000
GROSS APPROPRIATION.................................... $ 5,233,200
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 2,298,200
Special revenue funds:
Industry support funds................................. 131,600
Nonretail liquor fees.................................. 811,500
State general fund/general purpose..................... $ 1,991,900
Sec. 110. FAIRS AND EXPOSITIONS
Full-time equated classified positions............ 1.0
Fairs and racing--1.0 FTE position..................... $ 256,600
Shows and expositions.................................. 20,000
County fairs capital improvement grants................ 300,000
Purses and supplements - fairs/licensed tracks......... 708,300
Licensed tracks - light horse racing................... 40,300
Light horse racing - breeders' awards.................. 20,000
Standardbred purses and supplements - licensed tracks.. 671,800
Standardbred breeders' awards.......................... 345,900
Standardbred sire stakes............................... 275,000
Thoroughbred supplements - licensed tracks............. 601,900
Thoroughbred breeders' awards.......................... 448,600
Thoroughbred sire stakes............................... 298,800
GROSS APPROPRIATION.................................... $ 3,987,200
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund........... 3,667,200
State general fund/general purpose..................... $ 320,000
Sec. 111. ONE-TIME BASIS ONLY
Rural development value-added grants................... $ 400,000
Tree fruit research grants............................. 500,000
Geagley laboratory..................................... 300,000
GROSS APPROPRIATION.................................... $ 1,200,000
Appropriated from:
State general fund/general purpose..................... $ 1,200,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
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 2015-2016 is $75,720,700.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2015-2016 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
MAEAP environmental stewardship........................ $ 3,250,000
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) "MAEAP" means the Michigan agriculture environmental
assurance program.
(k) "MDEQ" means the Michigan department of environmental
quality.
(l) "MDNR" means the Michigan department of natural resources.
(m) "MOU" means memorandum of understanding.
(n) "Subcommittees" means all members of the subcommittees of
the house and senate appropriations committees with jurisdiction
over the budget for the department.
(o) "TB" means tuberculosis.
(p) "USDA" means the United States Department of Agriculture.
Sec. 205. In addition to the metrics required under section
447 of the management and budget act, 1984 PA 431, MCL 18.1447, for
each new program or program enhancement for which funds in excess
of $500,000.00 are appropriated in part 1, the department shall
provide not later than November 1, 2015 a list of program-specific
metrics intended to measure its performance based on a return on
taxpayer investment. The department shall deliver the program-
specific metrics to members of the senate and house subcommittees
that have subject matter jurisdiction for this budget, fiscal
agencies, and the state budget director. The department shall
provide an update on its progress in tracking program-specific
metrics and the status of program success at an appropriations
subcommittee meeting called for by the subcommittee chair.
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, 2015 and September 30, 2016.
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, 2016 is $12,751,500.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$7,237,000.00. Total agency appropriations for retiree health care
legacy costs are estimated at $5,513,800.00.
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.
Sec. 303. It is the intent of the legislature that the
department use revenue from licensing and inspection fees to
increase the use of technology in licensing and inspection
activities to make licensing and inspection functions, including
reporting, more efficient. The department shall work to ensure that
all license and registration applications can be completed online
through a secure web portal.
FOOD AND DAIRY
Sec. 402. The department shall provide information on
significant food-borne outbreaks and emergencies, including any
enforcement actions taken related to food safety during the
immediately preceding fiscal year in the food and dairy annual
report and post that report on the department's website no later
than April 1. The department shall provide electronic notification
of where the report can be found on the department's website to the
appropriation subcommittees, fiscal agencies, and state budget
office.
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 monitor bovine TB, consistent with the
May 2014 memorandum of understanding between the department and the
USDA.
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 funds appropriated in part 1 for environmental
stewardship/MAEAP 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. 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. 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. (1) From the appropriation in part 1 for commercial
forestry audit program, the department shall develop an analysis
and audit of forestry best management practices for water quality
and the related forest ecosystem, including native plant and animal
species and wildlife habitat. The analysis and audit shall have a
statewide perspective. 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.
(2) At the close of the fiscal year, the unexpended portion of
the commercial forestry audit program is considered a work project
appropriation in accordance with section 451a of the management and
budget act, 1984 PA 431, MCL 18.1451a.
(3) At the completion of the analysis and audit, the
department shall provide a report to the house and senate
appropriations subcommittees on agriculture and rural development,
and the house and senate fiscal agencies, describing the results of
the analysis and audit.
Sec. 610. Of the amount appropriated in part 1 from the
freshwater protection fund, the department shall use not more than
$500,000.00 for replacement of the data system for the MAEAP
program.
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) 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 rural development
value-added grants.
(3) 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. Grantees will be required to identify measurable
project outcomes.
(4) 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.
(5) The department may expend money from the funds
appropriated in part 1 for the rural development value-added grants
for administering the program.
(6) 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.
(7) 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.
Sec. 706. On or before April 1, the department shall report to
the house and senate appropriations subcommittees on agriculture
and rural development, and the house and senate fiscal agencies, on
the department's agriculture development and export market
development activities. The report shall include the following
information on agriculture industry, rural development, and
strategic growth grants awarded during the prior fiscal year:
(a) The name of the grantee.
(b) The amount of the grant.
(c) The purpose of the grant, including measurable outcomes.
(d) Additional state, federal, private, or local funds
contributed to the grant project.
(e) The completion date of grant-funded 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 code 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 previous fiscal year and the
results of research grant projects completed during the previous
fiscal year.
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. 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, 2016 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, 2016 to the subcommittees and the fiscal agencies,
including the grantees, award amount, match funding, and project
outcomes.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2017 for
the line items listed in part 1. The fiscal year 2016-2017
appropriations are anticipated to be the same as those for fiscal
year 2015-2016, 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 2016 consensus revenue estimating
conference.