SB-1097, As Passed Senate, May 28, 2008
SUBSTITUTE FOR
SENATE BILL NO. 1097
A bill to make appropriations for the department of
environmental quality for the fiscal year ending September 30,
2009; to provide for the expenditure of those appropriations; to
create certain funds and accounts; to require certain reports; to
prescribe the powers and duties of certain state agencies and
officials; to authorize certain transfers by certain state
agencies; and to provide for the disposition of fees and other
income received by the various state agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the
amounts listed in this part are appropriated for the department of
environmental quality for the fiscal year ending September 30,
2009, from the funds indicated in this part. The following is a
summary of the appropriations in this part:
DEPARTMENT OF ENVIRONMENTAL QUALITY
APPROPRIATION SUMMARY:
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,513.7
GROSS APPROPRIATION.................................... $ 368,751,700
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 18,890,200
ADJUSTED GROSS APPROPRIATION........................... $ 349,861,500
Federal revenues:
Total federal revenues................................. 130,636,100
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 455,700
Total other state restricted revenues.................. 173,918,100
State general fund/general purpose..................... $ 44,851,600
FUND SOURCE SUMMARY:
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,513.7
GROSS APPROPRIATION.................................... $ 368,751,700
Interdepartmental grant revenues:
IDG-MDCH, local public health operations............... 10,472,500
IDG-MDSP............................................... 883,200
IDG, Michigan transportation fund...................... 1,066,900
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 4,414,200
Total interdepartmental grants and intradepartmental
transfers............................................ 18,890,200
ADJUSTED GROSS APPROPRIATION........................... $ 349,861,500
Federal revenues:
DHHS, federal.......................................... 6,200
DHS, federal........................................... 3,293,800
DOC-NOAA, federal...................................... 3,779,400
DOD, federal........................................... 1,202,700
DOI, federal........................................... 595,300
EPA, multiple.......................................... 121,758,700
Total federal revenues................................. 130,636,100
Special revenue funds:
Private funds.......................................... 455,700
Total private revenues................................. 455,700
Aboveground storage tank fees.......................... 363,200
Air emissions fees..................................... 9,264,200
Aquifer protection revolving fund...................... 400,000
Campground fund........................................ 238,900
Clean Michigan initiative - administration............. 120,100
Clean Michigan initiative - clean water fund........... 3,390,800
Clean Michigan initiative - response activities........ 5,663,200
Cleanup and redevelopment fund......................... 12,428,500
Community pollution prevention fund.................... 250,000
Environmental pollution prevention fund................ 944,400
Environmental protection fund.......................... 3,919,300
Environmental response fund............................ 6,320,400
Fees and collections................................... 446,500
Financial instruments.................................. 5,000,000
Great Lakes protection fund............................ 1,605,800
Groundwater discharge permit fees...................... 1,120,200
Hazardous materials transportation permit fund......... 219,700
Infrastructure construction fund....................... 398,000
Laboratory data quality recognition fund............... 16,100
Land and water permit fees............................. 1,057,600
Landfill maintenance trust fund........................ 56,200
Medical waste emergency response fund.................. 240,900
Metallic mining surveillance fee revenue............... 94,200
Mineral well regulatory fee revenue.................... 172,500
Nonferrous metallic mineral surveillance............... 221,700
NPDES fees............................................. 3,378,100
Oil and gas regulatory fund............................ 7,860,300
Orphan well fund....................................... 2,053,100
Public swimming pool fund.............................. 544,300
Public utility assessments............................. 787,400
Public water supply fees............................... 3,962,900
Publication revenue.................................... 120,700
Refined petroleum fund................................. 30,724,700
Restricted funds....................................... 17,600,700
Retired engineers technical assistance fund............ 1,474,300
Revitalization revolving loan fund..................... 84,600
Revolving loan revenue bonds........................... 11,400,000
Saginaw Bay and River restoration revenue.............. 175,800
Sand extraction fee revenue............................ 198,600
Scrap tire regulatory fund............................. 5,852,000
Septage waste contingency fund......................... 38,000
Septage waste program fund............................. 722,000
Settlement funds....................................... 2,106,400
Sewage sludge land application fee..................... 855,400
Small business pollution prevention revolving loan
fund................................................. 108,200
Soil erosion and sedimentation control training fund... 115,400
Solid waste program fees............................... 4,014,400
Stormwater permit fees................................. 2,814,900
Strategic water quality initiatives fund............... 10,000,000
Underground storage tank fees.......................... 2,134,300
Waste reduction fee revenue............................ 3,909,900
Wastewater operator training fees...................... 172,800
Water analysis fees.................................... 3,328,400
Water pollution control revolving fund................. 3,081,000
Water quality protection fund.......................... 100,000
Water use reporting fees............................... 247,100
Total other state restricted revenues.................. 173,918,100
State general fund/general purpose..................... $ 44,851,600
Sec. 102. EXECUTIVE OPERATIONS AND DEPARTMENT SUPPORT
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 83.0
Special appointee--1.0 FTE positions................... $ 140,000
Special appointee--1.0 FTE positions................... 75,000
Special appointee--1.0 FTE positions................... 80,000
Special appointee--1.0 FTE positions................... 51,600
Special appointee--1.0 FTE positions................... 120,000
Special appointee--1.0 FTE positions................... 120,000
Administrative hearings................................ 445,400
Automated data processing.............................. 2,053,400
Central operations--58.0 FTE positions................. 5,273,400
Environmental support projects......................... 5,000,000
Executive direction--18.0 FTE positions................ 2,565,800
Internal audit services................................ 227,500
Office of the Great Lakes--7.0 FTE positions........... 1,052,500
Building occupancy charges............................. 7,115,600
Rent - privately owned property........................ 2,144,900
GROSS APPROPRIATION.................................... $ 26,465,100
Appropriated from:
Interdepartmental grant revenues:
IDG-MDSP............................................... 112,300
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 472,800
Federal revenues:
DOC-NOAA, federal...................................... 22,600
DOI, federal........................................... 160,900
EPA, multiple.......................................... 195,200
Special revenue funds:
Financial instruments.................................. 5,000,000
Great Lakes protection fund............................ 605,800
Restricted funds....................................... 12,394,500
Settlement funds....................................... 104,900
State general fund/general purpose..................... $ 5,342,700
Sec. 103. AIR QUALITY
Full-time equated classified positions.......... 236.5
Permit section--33.1 FTE positions..................... $ 3,642,100
Enforcement unit--12.5 FTE positions................... 1,376,000
Field operations--108.9 FTE positions.................. 11,981,600
Air quality evaluation section--63.0 FTE positions..... 6,932,100
Administration--19.0 FTE positions..................... 2,087,800
GROSS APPROPRIATION.................................... $ 26,019,600
Appropriated from:
Federal revenues:
DHS, federal........................................... 1,708,400
EPA, multiple.......................................... 4,492,700
Special revenue funds:
Air emissions fees..................................... 8,872,900
Environmental response fund............................ 106,700
Fees and collections................................... 301,600
Oil and gas regulatory fund............................ 108,200
Refined petroleum fund................................. 2,864,800
State general fund/general purpose..................... $ 7,564,300
Sec. 104. ENVIRONMENTAL SCIENCE AND SERVICES
Full-time equated classified positions.......... 175.0
Program services and grant management--30.0 FTE
positions............................................ $ 4,001,000
Laboratory services--60.0 FTE positions................ 7,045,800
Municipal assistance--37.0 FTE positions............... 5,324,300
Pollution prevention and technical assistance--48.0
FTE positions........................................ 5,018,000
Pollution prevention outreach.......................... 300,000
Retired engineers technical assistance program......... 1,474,300
GROSS APPROPRIATION.................................... $ 23,163,400
Appropriated from:
Interdepartmental grant revenues:
IDT, laboratory services............................... 3,790,500
Federal revenues:
DOC-NOAA, federal...................................... 454,800
EPA, multiple.......................................... 3,445,800
Special revenue funds:
Private funds.......................................... 300,000
Air emissions fees..................................... 391,300
Environmental protection fund.......................... 68,900
Environmental response fund............................ 665,100
Laboratory data quality recognition fund............... 16,100
Public water supply fees............................... 253,000
Retired engineers technical assistance fund............ 1,474,300
Revitalization revolving loan fund..................... 84,600
Settlement funds....................................... 235,200
Small business pollution prevention revolving loan
fund................................................. 108,200
Stormwater permit fees................................. 95,900
Strategic water quality initiatives fund............... 400,000
Waste reduction fee revenue............................ 3,835,000
Wastewater operator training fees...................... 172,800
Water analysis fees.................................... 3,328,400
Water pollution control revolving fund................. 2,409,100
State general fund/general purpose..................... $ 1,634,400
Sec. 105. OFFICE OF GEOLOGICAL SURVEY
Full-time equated classified positions........... 67.0
Coal and sand dune management--2.0 FTE positions....... $ 627,000
Metallic mine reclamation--1.0 FTE positions........... 94,200
Mineral wells management--2.0 FTE positions............ 246,500
Nonferrous metallic mining--2.0 FTE positions.......... 221,700
Orphan well--2.0 FTE positions......................... 2,053,100
Services to oil and gas--58.0 FTE positions............ 7,509,500
GROSS APPROPRIATION.................................... $ 10,752,000
Appropriated from:
Federal revenues:
DOI, federal........................................... 428,400
Special revenue funds:
Metallic mining surveillance fee revenue............... 94,200
Mineral well regulatory fee revenue.................... 172,500
Nonferrous metallic mineral surveillance............... 221,700
Oil and gas regulatory fund............................ 7,388,800
Orphan well fund....................................... 2,053,100
Publication revenue.................................... 120,700
Sand extraction fee revenue............................ 198,600
State general fund/general purpose..................... $ 74,000
Sec. 106. LAND AND WATER MANAGEMENT
Full-time equated classified positions.......... 121.0
Program direction--6.0 FTE positions................... $ 943,300
Field permitting and project assistance--72.0 FTE
positions............................................ 7,551,200
Great Lakes shorelands--24.0 FTE positions............. 2,672,600
Water management--19.0 FTE positions................... 2,702,600
GROSS APPROPRIATION.................................... $ 13,869,700
Appropriated from:
Interdepartmental grant revenues:
IDG, Michigan transportation fund...................... 1,012,300
Federal revenues:
DHS, federal........................................... 1,003,500
DOC-NOAA, federal...................................... 1,515,800
EPA, multiple.......................................... 1,052,100
Special revenue funds:
Land and water permit fees............................. 705,100
State general fund/general purpose..................... $ 8,580,900
Sec. 107. REMEDIATION AND REDEVELOPMENT
Full-time equated classified positions.......... 285.0
Contaminated site investigation, cleanup, and
revitalization--225.0 FTE positions.................. $ 23,012,600
Federal cleanup project management--60.0 FTE positions. 8,412,600
Emergency cleanup actions.............................. 4,000,000
Refined petroleum product cleanup program.............. 20,000,000
Environmental cleanup and redevelopment program........ 5,663,200
Environmental cleanup support.......................... 2,340,000
Superfund cleanup...................................... 4,000,000
GROSS APPROPRIATION.................................... $ 67,428,400
Appropriated from:
Federal revenues:
DHHS, federal.......................................... 6,200
DOD, federal........................................... 1,174,500
EPA, multiple.......................................... 8,403,500
Special revenue funds:
Private funds.......................................... 155,700
Clean Michigan initiative - response activities........ 5,663,200
Cleanup and redevelopment fund......................... 12,428,500
Environmental protection fund.......................... 3,850,400
Environmental response fund............................ 5,248,000
Landfill maintenance trust fund........................ 56,200
Refined petroleum fund................................. 26,813,500
Settlement funds....................................... 1,516,300
State general fund/general purpose..................... $ 2,112,400
Sec. 108. WASTE AND HAZARDOUS MATERIALS
Full-time equated classified positions.......... 173.0
Aboveground storage tank program--8.0 FTE positions.... $ 762,200
Hazardous waste management program--60.0 FTE positions. 6,498,400
Low-level radioactive waste authority--2.0 FTE
positions............................................ 787,400
Medical waste program--2.0 FTE positions............... 240,900
Radiological protection program--12.0 FTE positions.... 1,422,500
Scrap tire regulatory program--11.0 FTE positions...... 1,066,800
Solid waste management program--45.0 FTE positions..... 4,588,300
Underground storage tank program--33.0 FTE positions... 3,403,100
GROSS APPROPRIATION.................................... $ 18,769,600
Appropriated from:
Interdepartmental grant revenues:
IDG-MDSP............................................... 742,900
Federal revenues:
EPA, multiple.......................................... 4,027,500
Special revenue funds:
Aboveground storage tank fees.......................... 363,200
Environmental pollution prevention fund................ 944,400
Hazardous materials transportation permit fund......... 219,700
Medical waste emergency response fund.................. 240,900
Public utility assessments............................. 787,400
Scrap tire regulatory fund ........................... 1,066,800
Solid waste program fees............................... 4,014,400
Underground storage tank fees.......................... 2,134,300
Waste reduction fee revenue............................ 74,900
State general fund/general purpose..................... $ 4,153,200
Sec. 109. WATER
Full-time equated classified positions.......... 351.2
Aquifer protection program............................. $ 350,000
Aquifer protection and dispute resolution - IDG to
Michigan department of agriculture................... 50,000
Drinking water and environmental health--120.0 FTE
positions............................................ 16,180,000
Expedited water/wastewater permits--3.0 FTE positions.. 398,000
Fish contaminant monitoring............................ 316,100
Groundwater discharge--22.0 FTE positions.............. 2,968,700
NPDES nonstormwater program--98.2 FTE positions........ 11,026,500
Sewage sludge land application program--6.0 FTE
positions............................................ 855,400
Surface water--102.0 FTE positions..................... 15,207,200
Water withdrawal assessment program.................... 3,000
GROSS APPROPRIATION.................................... $ 47,354,900
Appropriated from:
Federal revenues:
EPA, multiple.......................................... 18,164,800
Special revenue funds:
Aquifer protection revolving fund...................... 400,000
Campground fund........................................ 238,900
Clean Michigan initiative - administration............. 120,100
Clean Michigan initiative - clean water fund........... 3,390,800
Environmental response fund............................ 168,100
Fees and collections................................... 144,900
Groundwater discharge permit fees...................... 1,120,200
Infrastructure construction fund....................... 398,000
Land and water permit fees............................. 352,500
NPDES fees............................................. 3,378,100
Public swimming pool fund.............................. 544,300
Public water supply fees............................... 2,309,900
Refined petroleum fund................................. 962,700
Saginaw Bay and River restoration revenue.............. 175,800
Septage waste contingency fund......................... 38,000
Septage waste program fund............................. 322,000
Sewage sludge land application fee..................... 855,400
Soil erosion and sedimentation control training fund... 115,400
Stormwater permit fees................................. 2,719,000
Water pollution control revolving fund................. 671,900
Water use reporting fees............................... 247,100
State general fund/general purpose..................... $ 10,517,000
Sec. 110. CRIMINAL INVESTIGATIONS
Full-time equated classified positions........... 22.0
Environmental investigations--22.0 FTE positions....... $ 2,585,700
GROSS APPROPRIATION.................................... $ 2,585,700
Appropriated from:
Federal revenues:
DHS, federal........................................... 557,400
EPA, multiple.......................................... 154,000
Special revenue funds:
Environmental response fund............................ 132,500
Oil and gas regulatory fund............................ 363,300
Scrap tire regulatory fund............................. 285,200
State general fund/general purpose..................... $ 1,093,300
Sec. 111. GRANTS
Coastal management grants.............................. $ 2,000,000
Federal - Great Lakes remedial action plan grants...... 700,000
Federal - nonpoint source water pollution grants....... 6,500,000
Grants to counties--air pollution...................... 83,700
Radon grants........................................... 90,000
Water pollution control and drinking water revolving
fund................................................. 86,189,300
Drinking water program grants.......................... 1,330,000
Great Lakes research and protection grants............. 1,000,000
Local health department operations..................... 10,472,500
Noncommunity water grants.............................. 1,400,000
Pollution prevention local grants...................... 250,000
Real-time water quality monitoring..................... 250,000
Septage waste compliance grants........................ 400,000
Scrap tire grants...................................... 4,500,000
Strategic water quality initiative loans............... 9,600,000
Water quality protection grants........................ 100,000
GROSS APPROPRIATION.................................... $ 124,865,500
Appropriated from:
Interdepartmental grant revenues
IDG-MDCH, local public health operations............... 10,472,500
Federal revenues:
DOC-NOAA, federal...................................... 1,700,000
EPA, multiple.......................................... 80,463,000
Special revenue funds:
Community pollution prevention fund.................... 250,000
Great Lakes protection fund............................ 1,000,000
Public water supply fees............................... 1,400,000
Refined petroleum fund................................. 83,700
Revolving loan revenue bonds........................... 11,400,000
Scrap tire regulatory fund............................. 4,500,000
Septage waste program fund............................. 400,000
Settlement funds....................................... 250,000
Strategic water quality initiatives fund............... 9,600,000
Water quality protection fund.......................... 100,000
State general fund/general purpose..................... $ 3,246,300
Sec. 112. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 7,477,800
GROSS APPROPRIATION.................................... $ 7,477,800
Appropriated from:
Interdepartmental grant revenues
IDG-MDSP............................................... 28,000
IDG, Michigan transportation fund...................... 54,600
IDT, laboratory services............................... 150,900
Federal revenues:
DHS, federal........................................... 24,500
DOC-NOAA, federal...................................... 86,200
DOD, federal........................................... 28,200
DOI, federal........................................... 6,000
EPA, multiple.......................................... 1,360,100
Special revenue funds:
Restricted funds....................................... 5,206,200
State general fund/general purpose..................... 533,100
Part 2
Provisions Concerning Appropriations
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 2008-2009 is $218,769,700.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2008-2009 is $4,300,000.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF ENVIRONMENTAL QUALITY
GRANTS
Noncommunity water grants............................. $ 1,400,000
Real-time water quality monitoring..................... 250,000
Scrap tire grants...................................... 2,250,000
Septage waste compliance program....................... 400,000
TOTAL................................................. $ 4,300,000
Sec. 202. The appropriations authorized under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this act:
(a) "Department" means the department of environmental
quality.
(b) "DHHS" means the United States department of health and
human services.
(c) "DHS" means the United States department of homeland
security.
(d) "DOC" means the United States department of commerce.
(e) "DOC-NOAA" means the DOC national oceanic and atmospheric
administration.
(f) "DOD" means the United States department of defense.
(g) "DOI" means the United States department of interior.
(h) "EPA" means the United States environmental protection
agency.
(i) "FTE" means full-time equated.
(j) "IDG" means interdepartmental grant.
(k) "IDT" means intradepartmental transfer.
(l) "MDCH" means the Michigan department of community health.
(m) "MDSP" means the Michigan department of state police.
(n) "NPDES" means national pollutant discharge elimination
system.
Sec. 204. The civil service commission shall bill departments
and agencies at the end of the first fiscal quarter for the 1%
charge authorized by section 5 of article XI of the state
constitution of 1963. Payments shall be made for the total amount
of the billing by the end of the second fiscal quarter.
Sec. 205. (1) A hiring freeze is imposed on the state
classified civil service. State departments and agencies are
prohibited from hiring any new full-time state classified civil
service employees and prohibited from filling any vacant state
classified civil service positions. This hiring freeze does not
apply to internal transfers of classified employees from 1 position
to another within a department.
(2) The state budget director shall grant exceptions to the
hiring freeze described in subsection (1) when the state budget
director believes that the hiring freeze will result in rendering a
state department or agency unable to deliver basic services, cause
a loss of revenue to the state, result in the inability of the
state to receive federal funds, or would necessitate additional
expenditures that exceed any savings from maintaining a vacancy.
The state budget director shall report quarterly to the
chairpersons of the senate and house of representatives standing
committees on appropriations the number of exceptions to the hiring
freeze approved during the previous quarter and the reasons to
justify the exception.
Sec. 206. The department shall use the Internet to fulfill the
reporting requirements of this act. 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. 207. The departments and state agencies receiving
appropriations under this act shall receive and retain copies of
all reports funded from appropriations in part 1. These departments
and state agencies shall follow federal and state guidelines for
short-term and long-term retention of these reports. To the extent
consistent with federal and state guidelines, the requirements of
this section are satisfied if the reports funded from
appropriations in part 1 are retained in electronic format.
Sec. 208. By February 15, 2009, the department shall provide
the state budget director, the subcommittees on environmental
quality of the senate and house appropriations committees, and the
senate and house fiscal agencies with an annual report on
restricted fund balances, projected revenues, and expenditures for
the fiscal years ending September 30, 2008 and September 30, 2009.
Sec. 209. (1) From funds appropriated under part 1, the
department shall prepare a report that lists all of the following
regarding grant or loan or grant and loan programs administered by
the department for the fiscal year ending September 30, 2009:
(a) The name of each program.
(b) The goals of the program, the criteria, eligibility,
process, filing fees, nominating procedures, and deadlines for each
program.
(c) The maximum and minimum grant and loan available and
whether there is a match requirement for each program.
(d) The amount of any required match, and whether in-kind
contributions may be used as part or all of a required match.
(e) Information pertaining to the application process,
timeline for each program, and the contact people within the
department.
(f) The source of funds for each program, including the
citation of pertinent authorizing acts.
(g) Information regarding plans for the next fiscal year for
the phaseout, expansion, or changes for each program.
(h) A listing of all recipients of grants or loans awarded by
the department by type and amount of grant or loan.
(2) The reports required under this section shall be submitted
to the state budget office, the senate and house appropriations
committees, and the senate and house fiscal agencies by January 1,
2009.
Sec. 210. (1) The department shall report all of the following
information relative to allocations made from appropriations for
the environmental cleanup and redevelopment program, state cleanup,
emergency actions, superfund cleanup, the revitalization revolving
loan program, the brownfield grants and loans program, the leaking
underground storage tank cleanup program, the contaminated lake and
river sediments cleanup program, the refined petroleum product
cleanup program, and the environmental protection bond projects
under section 19508(7) of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.19508, to the state budget
director, the senate and house appropriations subcommittees on
environmental quality, and the senate and house fiscal agencies:
(a) The name and location of the site for which an allocation
is made.
(b) The nature of the problem encountered at the site.
(c) A brief description of how the problem will be resolved if
the allocation is made for a response activity.
(d) The estimated date that site closure activities will be
completed.
(e) The amount of the allocation, or the anticipated financing
for the site.
(f) A summary of the sites and the total amount of funds
expended at the sites at the conclusion of the fiscal year.
(g) The number of sites that would qualify as brownfields that
were redeveloped.
(2) The report prepared under subsection (1) shall also
include all of the following:
(a) The status of all state-owned facilities that are on the
list compiled under part 201 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.20101 to
324.20142.
(b) The report shall include the total amount of funds
expended during the fiscal year and the total amount of funds
awaiting expenditure.
(c) The total amount of bonds issued for the environmental
protection bond program pursuant to part 193 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.19301 to 324.19306, and bonds issued pursuant to the clean
Michigan initiative act, 1998 PA 284, MCL 324.95101 to 324.95108.
(3) The report shall be made available by March 31 of each
year.
Sec. 211. (1) The department of environmental quality is
authorized to expend amounts remaining from the current and prior
fiscal year appropriations to meet funding needs of legislatively
approved sites for the environmental cleanup and redevelopment
program, the leaking underground storage tank cleanup program, and
the refined petroleum product cleanup program.
(2) Unexpended and unencumbered amounts remaining from
appropriations from the environmental protection bond fund
contained in 2003 PA 173 and 2006 PA 343 are appropriated for
expenditure for any site listed in this act and any site listed in
the public acts referenced in this section.
(3) Unexpended and unencumbered amounts remaining from
appropriations from the cleanup and redevelopment fund and
unclaimed bottle deposits fund contained in 2003 PA 171, 2003 PA
173, 2003 PA 237, and 2004 PA 350 are appropriated for expenditure
for any site listed in this act and any site listed in the public
acts referenced in this section.
(4) Unexpended and unencumbered amounts remaining from
appropriations from the clean Michigan initiative fund - response
activities contained in 2000 PA 506, 2001 PA 120, 2003 PA 173, 2003
PA 237, 2004 PA 309, 2004 PA 350, 2005 PA 11, 2006 PA 343, and 2007
PA 121 are appropriated for expenditure for any site listed in this
act and any site listed in the public acts referenced in this
section.
(5) Unexpended and unencumbered amounts remaining from
appropriations from the environmental protection fund contained in
2001 PA 43, 2002 PA 520, 2003 PA 171, and 2004 PA 350 are
appropriated for expenditure for any site listed in this act and
any site listed in the public acts referenced in this section.
(6) Unexpended and unencumbered amounts remaining from
appropriations from the refined petroleum fund activities contained
in 2005 PA 154 and 2007 PA 121 are appropriated for expenditure for
any site listed in this act and any site listed in the public acts
referenced in this section.
Sec. 212. Of the money appropriated from the environmental
education fund in part 1, $5,000.00 shall be allocated to Michigan
State University Extension Service - 4-H Youth Programs to fund the
Michigan Youth Conservation Council.
Sec. 213. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of information technology for technology-
related services and projects. These user fees shall be subject to
provisions of an interagency agreement between the department and
the department of information technology.
Sec. 214. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support technology projects under the direction of the
department of information technology. Funds designated in this
manner are not available for expenditure until approved as work
projects under section 451a of the management and budget act, 1984
PA 431, MCL 18.1451a.
Sec. 215. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2009 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the senate and house of representatives standing committees on
appropriations.
(3) Not later than January 1 of each year, each department
shall prepare a travel report listing all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the senate and house of representatives standing
committees on appropriations, the senate and house fiscal agencies,
and the state budget director. The report shall include the
following information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state-
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 216. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and comparable quality American goods or
services, or both, are available. Preference 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 or operated by veterans, if they are competitively
priced and of comparable quality.
Sec. 217. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 219. (1) The appropriation in section 102 includes
$12,144,500.00 from restricted funds. This funding source shall
support the restricted fund requirements, pursuant to subsection
(3), for selected line items in the executive operations and
administrative support appropriation unit.
(2) The appropriation in section 112 includes $5,206,200.00
from restricted funds. This funding source shall support the
restricted fund requirements, pursuant to subsection (3), for the
information technology appropriation.
(3) The department shall adopt a cost allocation plan for
revenue sources supporting line items listed in sections 102 and
112.
(4) The department shall provide a report on or before October
31, 2008 to the house and senate appropriations subcommittees on
environmental quality and the house and senate fiscal agencies of
the line item amounts and detailed revenue sources which support
the restricted fund appropriations in sections 102 and 112.
Sec. 220. The department shall not take disciplinary action
against an employee for communicating truthfully and factually with
a member of the legislature or his or her staff.
Sec. 221. The department shall annually report and post on its
website by December 31 to the state budget director, the senate and
house appropriations committees, and the senate and house fiscal
agencies an accounting of all civil and criminal fine revenue
collected during the previous fiscal year.
Sec. 222. From the funds appropriated in part 1, the
department shall assist the legislative commission on government
efficiency, established in section 752 of the legislative council
act, 1986 PA 268, MCL 4.1752, in its benchmarking evaluation of
department programs, including, at a minimum, the air quality
renewable operating permit program, the groundwater discharge
program, land and water management programs, and the hazardous
waste management program.
Sec. 223. (1) The department shall report no later than April
1, 2009 on each specific policy change made to implement a public
act affecting the department that took effect during the prior
calendar year to the house and senate appropriations subcommittees
on the budget for the department, the joint committee on
administrative rules, and the senate and house fiscal agencies.
(2) Funds appropriated in part 1 shall not be used by the
department to adopt a rule that will apply to a small business and
that will have a disproportionate economic impact on small
businesses because of the size of those businesses if the
department fails to reduce the disproportionate economic impact of
the rule on small businesses as provided under section 40 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(3) As used in this section:
(a) "Rule" means that term as defined under section 7 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) "Small business" means that term as defined under section
7a of the administrative procedures act of 1969, 1969 PA 306, MCL
24.207a.
Sec. 224. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 226. The department shall not approve the travel of more
than 1 departmental employee to a specific professional development
conference or training seminar that is located outside of this
state. The only exception to this travel restriction involves a
professional development conference or training seminar that is
funded by a federal or private funding source and requires more
than 1 person from a department to attend.
Sec. 227. By April 1, 2009, the department shall submit to the
senate and house appropriations subcommittees on environmental
quality, the senate and house fiscal agencies, and the state budget
director a plan for replacement of failing or obsolete computer and
database systems, including a schedule for system replacement and
cost estimates.
Sec. 228. The department shall publish changes to unclassified
salaries on the department website within 30 days of such changes.
Senate Bill No. 1097 as amended May 28, 2008
Sec. 229. (1) When a request is made of the department under
the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246,
the department shall do all of the following:
(a) Notify all private individuals, organizations, and
department employees that are subjects of the request immediately
upon receipt of the request.
(b) Notify all private individuals, organizations, and
department employees that are subjects of the request at the same
time as providing the information to the requestor.
(2) If the department fails to notify all private individuals,
organizations, and department employees that are subjects of the
request immediately upon receipt of the request, then the
department shall pay $5,000.00 from the funds appropriated in part
1 to the Michigan natural resources trust fund established in
section 1902 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.1902.
(3) Within 21 days of the end of each fiscal quarter, the
department shall notify the senate and house appropriations
subcommittees on environmental quality, the senate and house fiscal
agencies, and the state budget director of all requests made of the
department under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246, during the previous quarter. The report shall
include a summary of the request and the department's response,
total time until notification was sent to all subjects of the
request, and total response time to the requestor from when the
request was received.
Sec. 230. <<Pursuant to article IV, section 52 of the Michigan
constitution, which provides the legislature with the authority to provide for the protection of the air, water and other natural resources of the state from pollution, impairment, or destruction, from>> the funds appropriation in part 1 for central
operations, not more than $420,300.00 of state general fund/general
purpose money may be spent until the level of Muskrat Lake in
Clinton County is restored to the 1975 water levels.
AIR QUALITY
Sec. 301. The department shall report quarterly, via the
department's Internet website, on air quality program expenditures
and revenues. The report shall include expenditures and revenues by
fund source and by program function.
Sec. 302. From the funds appropriated in part 1, the
department shall continue to work with individuals, organizations,
and businesses to reach ozone attainment status in the 8 counties
in southeast Michigan that are currently in nonattainment. To the
fullest extent permitted by law and federal regulations, the
department shall develop an attainment strategy that balances the
public health, environmental, and economic interests of the
residents, organizations, and businesses in that area.
ENVIRONMENTAL SCIENCE AND SERVICES
Sec. 401. Revenues remaining in the interdepartmental
transfers, laboratory services at the end of the fiscal year shall
carry forward into the succeeding fiscal year.
Sec. 402. By July 1, 2009, the department shall prepare and
submit a report to the state budget director, the legislature, the
chairs of the standing committees of the senate and house of
representatives with primary responsibility for issues related to
natural resources and the environment, and the chairs of the
subcommittees of the senate and house appropriations committees
with primary responsibility for appropriations for the department
of environmental quality, outlining the implementation of the Great
Lakes water quality bond provided for in part 197 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.19701 to 324.19708, including, but not limited to, the amount
of bonds issued and the date they were issued, the number of
applications received for loans from the state water pollution
control revolving fund created in section 16a of the shared credit
rating act, 1985 PA 227, MCL 141.1066a, the total amount of loans
requested, a listing of the applicants receiving loans and the
total amount of loans provided to those applicants, a listing of
applicants whose loan applications were not approved and the
reasons why those applications were not approved, the amount of the
loans granted that were leveraged from bond proceeds, and the
remaining bond proceeds and bond authorization.
Sec. 403. (1) There is appropriated $2,000,000.00 from the
environmental protection fund created in section 503a of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.503a, to reimburse retailers for the cost of retrofitting
existing reverse vending machines to accept Michigan-only
returnable beverage containers. Funds may be carried forward into
fiscal year 2009-2010 for this purpose if the total $2,000,000.00
is not expended in fiscal year 2008-2009.
(2) For the fiscal year ending September 30, 2009,
$2,000,000.00 in the cleanup and redevelopment trust fund created
in section 3e of 1976 IL 1, MCL 445.573e, is hereby appropriated
and transferred to the environmental protection fund.
OFFICE OF GEOLOGICAL SURVEY
Sec. 501. It is the intent of the legislature that the office
of geological survey continue its work with Western Michigan
University's department of geosciences to maintain core samples at
the Michigan basin core research laboratory as part of the Michigan
geological repository for research and education at Western
Michigan University and it is encouraged to explore new
opportunities for mutually beneficial research and collaboration
between the department and the university.
LAND AND WATER MANAGEMENT
Sec. 601. (1) The department shall not spend funds provided in
part 1 on the implementation of wetlands protection provisions in
part 303 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.30301 to 324.30323, in counties with a
population less than 100,000 until the department has developed and
implemented wetland inventory maps to a level of detail such that a
person will be able to know from the maps with a reasonable amount
of certainty whether or not the property in question is in fact a
wetland subject to regulation by the department.
(2) Before commencing wetlands protection in counties with
populations less than 100,000, the department shall notify in
writing the senate and house appropriation subcommittees on
environmental quality, the senate and house fiscal agencies, and
the state budget director that the wetland inventory maps meet the
criteria of subsection (1) and the date the program will begin.
REMEDIATION AND REDEVELOPMENT
Sec. 701. The unexpended funds appropriated in part 1 for
emergency cleanup actions, the refined petroleum product cleanup
program, and the environmental cleanup and redevelopment program
are considered work project appropriations and any unencumbered or
unallotted funds are carried forward into the succeeding fiscal
year. The following is in compliance with section 451a(1) of the
management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the projects to be carried forward is to
provide contaminated site cleanup.
(b) The projects will be accomplished by contract.
(c) The total estimated cost of all projects is identified in
each line-item appropriation.
(d) The tentative completion date is September 30, 2013.
Sec. 702. From funds appropriated in part 1 for activities
related to cleanup sites under part 201 of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.20101 to
324.20142, the department shall incorporate into remedial action
plans area-wide or site-specific cleanup criteria derived from
peer-reviewed risk assessment based on bioavailability studies,
site-specific human exposure data, and any other scientifically
based risk assessment studies that are available and relevant. The
department shall submit a report listing efforts made by the
department to comply with this section. This report shall be
provided to the house and senate appropriations subcommittees on
environmental quality on or before January 1, 2009.
Sec. 704. It is the intent of the legislature to repay the
refined petroleum fund for the $70,000,000.00 that was transferred
to the environmental protection fund as part of the resolution for
the fiscal year 2006-2007 budget.
Sec. 705. (1) The department shall work with the legislature
to develop recommendations through an advisory workgroup process
for the appropriate use of administrative rules and operational
memoranda in the leaking underground storage tank program. This
advisory workgroup shall do all of the following:
(a) Review and make recommendations if operational memoranda
used by the department are necessary and used appropriately.
(b) Review and make recommendations regarding the rules,
methods, policies, or procedures used to develop operational
memoranda.
(c) Review and make recommendations regarding procedures for
determining if an inspected organization has acted in accordance
with operational memoranda.
(2) The workgroup under subsection (1) shall consist of 13
members, appointed as follows:
(a) Members of the senate and house appropriations
subcommittees on environmental quality.
(b) Three members appointed by the senate majority leader, 1
each representing an independent petroleum wholesale distributor-
marketer trade association, a petroleum refiner-supplier trade
association, and a service station dealers' trade association.
(c) Three members appointed by the speaker of the house, 1
each representing a truck stop operators' trade association, an
environmental public interest organization who is not associated
with any of the above organizations, and the largest general farm
organization in the state.
(d) The director of the department.
(3) The recommendations of the workgroup shall be submitted to
the department, the senate and house appropriations subcommittees
on environmental quality, the senate and house fiscal agencies, and
the state budget director by December 31, 2008.
Sec. 706. The department shall not expend funds appropriated
in part 1 if using operational memoranda or other similar documents
that are in draft form to impose regulations on individuals or
businesses conducting environmental cleanup projects, except as
provided in part 213 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.21301 to 324.21331, or when
there is written consent between the department and the individual
or business.
WASTE AND HAZARDOUS MATERIALS
Sec. 801. It is the intent of the legislature that the
recommendations of the site review board, as established in section
11117 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.11117, are the final approval for each site
construction permit application that is referred to the board by
the department.
WATER
Sec. 901. By February 1, 2009, the department shall submit a
report on the department's use of the national pollutant discharge
elimination system fund created in MCL 324.3121 for the previous
fiscal year, to the senate and house appropriations subcommittees
on environmental quality, the standing committees of the
legislature with jurisdiction over issues primarily related to
natural resources and the environment, and the senate and house
fiscal agencies. The report shall include a summary of how the
appropriations in part 1 for NPDES nonstormwater program were used
for the various permissible uses of the fund and shall include
specific information on all of the following:
(a) The number of compliance and complaint inspections
completed, by category, the number of on-site compliance
inspections conducted, and the number of compliance inspections
that were not announced in advance to the permittee or licensee.
(b) The number and percent of permit and license inspections
that were found to be in significant noncompliance, by category.
(c) The number of administrative enforcement actions taken for
permit or license violations and the results of the enforcement
actions, including the amount of fines and penalties collected.
(d) The number of judicial enforcement actions taken for
permit or license violations and the results of the enforcement
actions, including the amount of fines and penalties collected.
(e) A listing of the supplemental environmental projects
agreed to as a result of a consent agreement including all of the
following: the case name, the monetary value of the supplemental
environmental project, and a description of the project.
Sec. 902. The unexpended portion of funds appropriated in part
1 of 2004 PA 309 for the contaminated lake and river sediments
cleanup program are appropriated for the same purpose for the
fiscal year ending September 30, 2009.
GRANTS
Sec. 1101. If a certified health department does not exist in
a city, county, or district or does not fulfill its
responsibilities under part 117 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.11701 to
324.11720, then the department may spend funds appropriated in part
1 under the septage waste compliance program in accordance with
section 11716 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.11716.
Sec. 1102. Of the funds appropriated in part 1 for scrap tire
grants, $100,000.00 shall be available for grants to communities to
cover scrap tire fire suppression costs, provided owner liability
bonds and other available funding sources have been exhausted.
Sec. 1103. (1) The appropriation in part 1 for real-time water
quality monitoring is a grant to Macomb County and St. Clair County
to support a real-time water quality monitoring program in the St.
Clair watershed. By September 30, 2009, the grant recipients shall
report to the department on the plan's implementation and the
status of the project. The department shall forward the report to
the state budget director, the senate and house appropriations
subcommittees on environmental quality, the senate and house
standing committees on natural resources and environmental issues,
and the senate and house fiscal agencies.
(2) The funding appropriated in part 1 for real-time water
quality monitoring is contingent upon development of a plan by the
grant recipients for long-term funding of operation and maintenance
of the real-time monitoring system for the Huron-Erie corridor. The
funding plan shall not require state funds for more than 50% of
total funding for the project. This plan must be submitted by the
grant recipients to the department by December 31, 2008.