HB-4358, As Passed House, July 25, 2007
SUBSTITUTE FOR
HOUSE BILL NO. 4358
A bill to make appropriations for the department of
environmental quality for the fiscal year ending September 30,
2008; 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
House Bill No. 4358 (H-1) as amended July 25, 2007
environmental quality for the fiscal year ending September 30,
2008, 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........ 1,561.7
GROSS APPROPRIATION.................................... $ [372,909,600]
Interdepartmental grant revenues:
IDG-MDCH local public health operations................ 10,472,500
IDG from MDOT - Michigan transportation fund........... 1,057,000
IDG from MSP........................................... 740,400
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 4,088,500
Total interdepartmental grants and intradepartmental
transfers............................................ 18,411,800
ADJUSTED GROSS APPROPRIATION........................... $ [354,497,800]
Federal revenues:
DHS, federal........................................... 3,602,700
DOC-NOAA, federal...................................... 3,670,200
DOD, federal........................................... 1,184,700
DOI, federal........................................... 594,000
EPA, brownfield cleanup revolving loan fund............ 1,000,000
EPA, multiple.......................................... 122,681,900
HHS, federal........................................... 6,200
Total federal revenues................................. 132,739,700
Special revenue funds:
Total local revenues................................... 0
Private funds.......................................... 455,100
Total private revenues................................. 455,100
Total local and private revenues....................... 455,100
Aboveground storage tank fees.......................... 760,400
Air emissions fees..................................... 8,982,900
Aquifer protection revolving fund...................... 400,000
Campground fund........................................ 237,600
Clean Michigan initiative fund - administration........ 335,500
Clean Michigan initiative fund - clean water fund...... 3,372,000
Clean Michigan initiative fund - response activities... 5,663,200
Cleanup and redevelopment fund......................... 12,383,100
Community pollution prevention fund.................... 250,000
Environmental pollution prevention fund................ 1,058,100
Environmental protection fund.......................... 3,907,100
Environmental response fund............................ 6,299,700
Fees and collections................................... 552,500
Financial instruments.................................. 5,000,000
Great Lakes protection fund............................ 1,603,100
Groundwater discharge permit fees...................... 1,201,600
Hazardous material transportation permit fund.......... 218,500
Infrastructure construction fund....................... 400,000
Laboratory data quality recognition fund............... 16,200
Land and water permit fees............................. 2,085,200
Landfill maintenance trust fund........................ 55,900
Medical waste emergency response fund.................. 240,300
Metallic mining surveillance fee revenue............... 93,500
House Bill No. 4358 (H-1) as amended July 25, 2007
Mineral well regulatory fee revenue.................... 125,600
Nonferrous metallic mineral surveillance............... 218,600
NPDES fees............................................. 3,362,400
Oil and gas regulatory fund............................ 7,829,100
Orphan well fund....................................... 2,051,900
Public swimming pool fund.............................. 541,300
Public utility assessments............................. 786,100
Public water supply fees............................... 3,949,600
Publication revenue.................................... 120,200
Refined petroleum fund................................. 30,684,500
Restricted funds....................................... 15,379,800
Retired engineers technical assistance fund............ 1,474,300
Revitalization revolving loan fund..................... 84,300
Revolving loan revenue bonds........................... 11,400,000
Saginaw Bay and River restoration revenue.............. 174,800
Sand extraction fee revenue............................ 198,300
Scrap tire regulatory fund............................. 5,846,300
Septage waste contingency fund......................... 37,700
Septage waste program fund............................. 720,200
Settlement funds....................................... [2,093,100]
Sewage sludge land application fees.................... 850,800
Soil erosion and sedimentation control training fund... 114,700
Solid waste program fees............................... 3,520,900
Small business pollution prevention revolving loan
fund................................................. 107,700
Stormwater permit fees................................. 2,799,400
Strategic water quality initiatives fund............... 10,000,000
House Bill No. 4358 (H-1) as amended July 25, 2007
Underground storage tank fees.......................... 3,125,500
Waste reduction fee revenue............................ 2,141,600
Wastewater operator training fees...................... 172,100
Water analysis fees.................................... 3,317,600
Water pollution control revolving fund................. 3,066,400
Water quality protection fund.......................... 25,000
Water use reporting fees............................... 245,700
Total other state restricted revenues.................. [171,681,900]
State general fund/general purpose..................... $ 49,621,100
Sec. 102. EXECUTIVE OPERATIONS AND DEPARTMENT
SUPPORT
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 78.0
Unclassified salaries--6.0 FTE positions............... $ 587,600
Administrative hearings................................ 441,800
Executive direction--9.0 FTE positions................. 2,306,100
Central operations--62.0 FTE positions................. 6,697,100
Office of the Great Lakes--7.0 FTE positions........... 1,048,900
Automated data processing.............................. 2,053,400
Environmental support projects......................... 5,000,000
Human resources optimization user charges.............. 98,600
Building occupancy charges............................. 7,530,400
Rent - privately owned property........................ 1,966,900
GROSS APPROPRIATION.................................... $ 27,730,800
Appropriated from:
Interdepartmental grant revenues:
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 510,700
Federal revenues:
DOC-NOAA, federal...................................... 22,500
DOI, federal........................................... 160,300
EPA, multiple.......................................... 268,000
Special revenue funds:
Financial instruments.................................. 5,000,000
Great Lakes protection fund............................ 603,100
Restricted funds....................................... 11,165,800
Settlement funds....................................... 104,400
State general fund/general purpose..................... $ 7,842,600
Sec. 103. AIR QUALITY
Full-time equated classified positions.......... 241.5
Air quality programs--241.5 FTE positions.............. $ 26,408,400
GROSS APPROPRIATION.................................... $ 26,408,400
Appropriated from:
Federal revenues:
EPA, multiple.......................................... 4,130,000
DHS, federal........................................... 2,027,600
Special revenue funds:
Air emissions fees..................................... 8,217,300
Environmental response fund............................ 106,200
Fees and collections................................... 408,400
Oil and gas regulatory fund............................ 107,500
Refined petroleum fund................................. 2,850,700
State general fund/general purpose..................... $ 8,560,700
Sec. 104. ENVIRONMENTAL SCIENCE AND SERVICES
DIVISION
Full-time equated classified positions.......... 184.0
Laboratory services--68.0 FTE positions................ $ 6,822,900
Municipal assistance--35.5 FTE positions............... 5,305,100
Pollution prevention outreach programs................. 300,000
Pollution prevention and technical assistance--53.0
FTE positions........................................ 5,085,800
Program services and grant management--27.5 FTE
positions............................................ 3,886,300
Retired engineers technical assistance program......... 1,474,300
Revitalization revolving loan fund..................... 1,000,000
GROSS APPROPRIATION.................................... $ 23,874,400
Appropriated from:
Interdepartmental grant revenues:
IDT, laboratory services............................... 3,577,800
Federal revenues:
EPA, brownfield cleanup revolving loan fund............ 1,000,000
DOC-NOAA, federal...................................... 353,000
EPA, multiple.......................................... 3,432,400
Special revenue funds:
Private funds.......................................... 300,000
Air emissions fees..................................... 765,600
Environmental protection fund.......................... 68,500
Environmental response fund............................ 662,500
Laboratory data quality recognition fund............... 16,200
Public water supply fees............................... 252,100
Revitalization revolving loan fund..................... 84,300
Retired engineers technical assistance fund............ 1,474,300
Settlement revenue..................................... 234,400
Small business pollution prevention revolving loan
fund................................................. 107,700
Stormwater permit fees................................. 95,500
Strategic water quality initiatives fund............... 400,000
Waste reduction fee revenue............................ 2,067,000
Wastewater operator training fees...................... 172,100
Water analysis fees.................................... 3,317,600
Water pollution control revolving fund................. 2,398,300
State general fund/general purpose..................... $ 3,095,100
Sec. 105. OFFICE OF GEOLOGICAL SURVEY
Full-time equated classified positions........... 68.0
Coal and sand dune management--3.0 FTE positions....... $ 626,000
Metallic mining reclamation program--1.0 FTE position.. 93,500
Mineral wells management--3.0 FTE positions............ 246,000
Nonferrous metallic mining--2.0 FTE positions.......... 218,600
Services to oil and gas programs--57.0 FTE positions... 7,478,300
Well plugging-orphan wells--2.0 FTE positions.......... 2,051,900
GROSS APPROPRIATION.................................... $ 10,714,300
Appropriated from:
Federal revenues:
DOI, federal........................................... 427,700
Special revenue funds:
Metallic mining surveillance fee revenue............... 93,500
Mineral well regulatory fee revenue.................... 125,600
Nonferrous metallic mineral surveillance............... 218,600
Oil and gas regulatory fund............................ 7,358,100
Orphan well fund....................................... 2,051,900
Publication revenue.................................... 120,200
Sand extraction fee revenue............................ 198,300
State general fund/general purpose..................... $ 120,400
Sec. 106. LAND AND WATER MANAGEMENT
Full-time equated classified positions.......... 129.0
Program direction--8.0 FTE positions................... $ 938,700
Field permitting and project assistance--72.0 FTE
positions............................................ 7,514,900
Great Lakes shorelands--28.0 FTE positions............. 2,662,700
Water management--21.0 FTE positions................... 2,688,600
GROSS APPROPRIATION.................................... $ 13,804,900
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT - Michigan transportation fund........... 1,002,500
Federal revenues:
DHS, federal........................................... 999,700
DOC-NOAA, federal...................................... 1,508,800
EPA, multiple.......................................... 1,047,400
Special revenue funds:
Land and water permit fees............................. 1,486,000
State general fund/general purpose..................... $ 7,760,500
Sec. 107. REMEDIATION AND REDEVELOPMENT
Full-time equated classified positions.......... 297.5
Federal cleanup project management--67.0 FTE positions. $ 8,385,800
Superfund cleanup...................................... 4,000,000
Contaminated site investigations, cleanup and
revitalization--230.5 FTE positions.................. 23,235,100
Emergency cleanup action............................... 4,000,000
Environmental cleanup and redevelopment program........ 5,663,200
Refined petroleum product cleanup program.............. 20,000,000
Environmental cleanup support.......................... 2,340,000
GROSS APPROPRIATION.................................... $ 67,624,100
Appropriated from:
Federal revenues:
DOD, federal........................................... 1,174,500
EPA, multiple.......................................... 8,403,500
HHS, federal........................................... 6,200
Special revenue funds:
Private funds.......................................... 155,100
Clean Michigan initiative fund - response activities... 5,663,200
Cleanup and redevelopment fund......................... 12,383,100
Environmental protection fund.......................... 3,838,600
Environmental response fund............................ 5,231,400
Landfill maintenance trust fund........................ 55,900
Refined petroleum fund................................. 26,790,900
Settlement funds....................................... 1,504,300
State general fund/general purpose..................... $ 2,417,400
Sec. 108. WASTE AND HAZARDOUS MATERIALS DIVISION
Full-time equated classified positions.......... 183.5
Hazardous waste management program--61.0 FTE positions. $ 6,463,200
Low-level radioactive waste authority--2.0 FTE
positions............................................ 786,100
Medical waste program--2.0 FTE positions............... 240,300
Radiological protection--14.5 FTE positions............ 1,418,800
Scrap tire regulatory program--11.0 FTE positions...... 1,061,200
Solid waste management program--50.0 FTE positions..... 4,568,100
Underground storage tank program--35.0 FTE positions... 3,394,600
Aboveground storage tank program--8.0 FTE positions.... 760,400
GROSS APPROPRIATION.................................... $ 18,692,700
Appropriated from:
Interdepartmental grant revenues:
IDG-MDSP............................................... 740,400
Federal revenues:
EPA, multiple.......................................... 4,006,600
Special revenue funds:
Aboveground storage tank fees.......................... 760,400
Environmental pollution prevention fund................ 1,058,100
Hazardous material transportation permit fund.......... 218,500
Medical waste emergency response fund.................. 240,300
Public utility assessments............................. 786,100
Scrap tire regulatory fund............................. 1,061,200
Solid waste program fees............................... 3,520,900
Underground storage tank fees.......................... 3,125,500
Waste reduction fee revenue............................ 74,600
State general fund/general purpose..................... $ 3,100,100
Sec. 109. WATER DIVISION
Full-time equated classified positions.......... 358.2
Drinking water and environmental health--114.2 FTE
positions............................................ $ 16,093,800
Surface water--94.1 FTE positions...................... 15,339,700
NPDES nonstormwater program--118.4 FTE positions....... 10,975,900
Groundwater discharge--22.0 FTE positions.............. 2,965,300
Sewage sludge land application program--6.5 FTE
positions............................................ 850,800
Aquifer protection program............................. 350,000
Aquifer protection and dispute resolution - IDG to
Michigan department of agriculture................... 50,000
Expedited water/wastewater permits--3.0 FTE positions.. 400,000
Fish contaminant monitoring contracts.................. 316,100
GROSS APPROPRIATION.................................... $ 47,341,600
Appropriated from:
Federal revenues:
EPA, multiple.......................................... 18,070,000
Special revenue funds:
Aquifer protection revolving fund...................... 400,000
Campground fund........................................ 237,600
Clean Michigan initiative fund - administration........ 335,500
Clean Michigan initiative fund - clean water fund...... 3,372,000
Environmental response fund............................ 167,100
Fees and collections................................... 144,100
Groundwater discharge permit fees...................... 1,201,600
Infrastructure construction fund....................... 400,000
Land and water permit fees............................. 599,200
NPDES fees............................................. 3,362,400
Public swimming pool fund.............................. 541,300
Public water supply fees............................... 2,297,500
Refined petroleum fund................................. 959,200
Saginaw Bay and River restoration revenue.............. 174,800
Septage waste contingency fund......................... 37,700
Septage waste program fund............................. 320,200
Sewage sludge land application fees.................... 850,800
Soil erosion and sedimentation control training fund... 114,700
Stormwater permit fees................................. 2,703,900
Water pollution control revolving fund................. 668,100
Water use reporting fees............................... 245,700
State general fund/general purpose..................... $ 10,138,200
Sec. 110. CRIMINAL INVESTIGATIONS
Full-time equated classified positions........... 22.0
Environmental investigations--22.0 FTE positions....... $ 2,587,400
GROSS APPROPRIATION.................................... $ 2,587,400
Appropriated from:
Federal revenues:
DHS, federal........................................... 557,600
EPA, multiple.......................................... 154,100
Special revenue funds:
Environmental response fund............................ 132,500
Oil and gas regulatory fund............................ 363,500
Scrap tire regulatory fund............................. 285,100
State general fund/general purpose..................... $ 1,094,600
Sec. 111. GRANTS
Water pollution control and drinking water revolving
funds................................................ $ 88,063,500
Noncommunity water grants.............................. 1,400,000
House Bill No. 4358 (H-1) as amended July 25, 2007
Grants to counties - air pollution..................... 83,700
Coastal management grants.............................. 2,000,000
Federal - nonpoint source water pollution grants....... 6,500,000
Federal - Great Lakes remedial action plan grants...... 700,000
Great Lakes research and protection grants............. 1,000,000
Radon grants........................................... 90,000
Drinking water program grants.......................... 1,330,000
Local health department operations..................... 10,472,500
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
Volunteer river, stream, and creek cleanup............. 25,000
GROSS APPROPRIATION.................................... $ [126,664,700]
Appropriated from:
Interdepartmental grant revenues:
IDG-MDCH, local public health operations............... 10,472,500
Federal revenues:
DOC-NOAA, federal...................................... 1,700,000
EPA, multiple.......................................... 81,323,000
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
House Bill No. 4358 (H-1) as amended July 25, 2007
Septage waste program fund............................. 400,000
[Settlement funds...................................... 250,000]
Strategic water quality initiatives fund............... 9,600,000
Water quality protection fund.......................... 25,000
State general fund/general purpose..................... $ 4,260,500
Sec. 112. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 7,466,300
GROSS APPROPRIATION.................................... $ 7,466,300
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT - Michigan transportation fund........... 54,500
Federal revenues:
DHS, federal........................................... 17,800
DOC-NOAA, federal...................................... 85,900
DOD, federal........................................... 10,200
DOI, federal........................................... 6,000
EPA, multiple.......................................... 1,846,900
Special revenue funds:
Restricted funds....................................... 4,214,000
State general fund/general purpose..................... $ 1,231,000
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 2007-2008 is [$221,303,000.00] and state
spending from state resources to be paid to local units of
House Bill No. 4358 (H-1) as amended July 25, 2007
government for fiscal year 2007-2008 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) "MI" means Michigan.
(o) "NPDES" means national pollutant discharge elimination
system.
Sec. 204. The department of civil service 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, 2008, 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, 2007, 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, 2008:
(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,
2007.
Sec. 210. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $30,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this act 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 $5,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this act 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 this act
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 this act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 211. (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. 212. (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, 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.
(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 are appropriated for expenditure for any site listed
in this act and any site listed in the public acts referenced in
this section.
Sec. 213. 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. 214. 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. 215. 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. 216. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2008 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 house and senate appropriations committees.
(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 chairs and members of 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 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. 217. 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 should be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
quality.
Sec. 218. Unexpended settlement revenues at the end of the
fiscal year may be carried forward into the settlement fund in the
succeeding fiscal year up to a maximum carryforward of
$2,500,000.00.
Sec. 219. 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. 220. (1) The appropriation in section 102 includes
$11,165,800.00 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 $4,214,000.00
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. This cost allocation plan may be phased in over 2 fiscal
years, beginning with the fiscal year ending September 30, 2008.
(4) The department shall provide a report on or before October
31, 2007 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. 221. The department shall not take disciplinary action
against an employee who communicates truthfully and factually with
a member of the legislature or his or her staff.
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.
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.
LAND AND WATER MANAGEMENT
Sec. 501. The department may waive permit fees for nonprofit
organizations conducting approved stream habitat improvement
projects.
REMEDIATION AND REDEVELOPMENT
Sec. 601. 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, 2012.
Sec. 602. The department shall submit a listing of cleanup
sites funded from the appropriation in part 1 for the refined
petroleum product cleanup program to the senate and house
appropriations subcommittees on environmental quality, the senate
and house fiscal agencies, and the state budget director.
Sec. 603. From the funds appropriated in part 1 for the
refined petroleum product cleanup program, the department shall
prepare a report by February 1, 2008 that documents the use of the
refined petroleum fund and the percentage used for remediation,
cleanup administration, central administration, debt service, or
other purposes since fiscal year 2004-2005.
WASTE AND HAZARDOUS MATERIALS
Sec. 701. 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. 801. By February 1, 2008, 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. 802. From the funds appropriated in part 1 for the
surface water program, the department shall prepare a plan by
September 30, 2008 for the virtual elimination of sewage discharges
into waters of the state by 2015. The plan shall include all of the
following information:
(a) A discussion of the major infrastructure projects
undertaken and planned over the next 5 to 10 years to increase the
capacity of public wastewater treatment facilities to better handle
sewage waste and stormwater runoff.
(b) Trends over the last 5 years on the amount of untreated or
undertreated sewage that was discharged into waters of the state
from wastewater treatment facilities or their connected systems,
and estimates on the amount of discharge that the department
expects will occur in the next 5 to 10 years, assuming
infrastructure upgrades.
(c) A discussion of the role of nonpoint discharges of sewage
waste either through failing on-site septic systems or the land
application of sewage and the impact on waters of the state.
(d) A discussion of the regulatory program designed to limit
adverse impacts on waters of the state from sewage discharges and
the sufficiency of funding allocated to those programs.
(e) A discussion of the funding available to local units of
government to upgrade public wastewater treatment facilities or on-
site systems.
(f) Recommendations for program changes or funding that would
be required to achieve the virtual elimination of sewage discharges
into the waters of the state by 2015.
Sec. 803. From the funds appropriated in part 1 for the
surface water program, the department in conjunction with the
department of agriculture shall prepare a report by September 30,
2008 that documents all of the following information:
(a) The number of concentrated animal feeding operations
(CAFOs) in the state, and the number of those which have permits
under the national pollution discharge elimination system (NPDES).
(b) The number and nature of inspections of CAFOs undertaken
by the department and the department of agriculture, including
whether the inspections included testing of the water, soil, or
air, and a summary of the results of those inspections.
(c) An estimate of the number of CAFOs that utilize sewage
lagoons, the capacity of those lagoons, and whether those lagoons
are lined.
(d) An estimate of the funding dedicated toward permitting,
inspection, and enforcement of current laws regulating CAFOs.
GRANTS
Sec. 901. 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,
House Bill No. 4358 (H-1) as amended July 25, 2007
MCL 324.11716.
Sec. 902. 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. 903. 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, 2008, grant recipients shall report to the department on plan's implementation, and status of the project. The department shall forward the report to the state budget director, the house and senate appropriations subcommittees on environmental quality, the house and senate standing committees on natural resources and environmental issues, and the house and senate fiscal agencies. Funding is contingent upon development of a department approved plan for long term funding of operation and maintenance of the real-time monitoring system for the Huron-Erie corridor.]