FY 2011-12 ENVIRONMENTAL QUALITY BUDGET S.B. 176 (S-1): SENATE-PASSED


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Senate Bill 176 (S-1 as passed by the Senate)
Committee: Appropriations

FY 2010-11 Year-to-Date Gross Appropriation $395,665,700
Changes from FY 2010-11 Year-to-Date:
  1. Office of Pollution Prevention and Compliance Assistance (OPPCA). The Governor and Senate reduced funding for this office, including 9.0 FTEs. Pollution prevention and compliance activities would be reduced as a result of this GF/GP reduction. (1,200,000)
2. Nonmetallic Mine Reclamation. Gov./Senate eliminated program as funding & demand for program declined. (23,800)
3. Geologic Mapping and Information Program. The Governor and Senate eliminated this program. Western Michigan University would take over these responsibilities. (358,000)
4. Administrative Reductions. The Governor and Senate made various administrative reductions. Savings would primarily be achieved by holding positions vacant. 9.0 FTEs were also eliminated; $1,012,000 of gross savings would is GF/GP. (1,268,500)
5. Air Emissions Fees Increase. The Governor and Senate include an unspecified increase in air emissions fees which are expected to raise an additional $1.0 million for the program. Additional spending authorization of $840,000 was also included. 840,000
6. Solid Waste Management Fee Increase. The Governor proposed raising these fees from 7 cents to 12 cents per cubic yard. This increase is expected to raise $1.9 million. 0
7. Wastewater Operator Certification Exam Fee. The Governor and Senate included funding from a new fee structure for certification exams. It is estimated that the fee would raise $356,000 and would offset $200,000 in GF/GP currently used for the program. 156,000
8. Fee Sunsets. The Governor and Senate budgets are predicated on extending sunsets for 14 fees. 0
9. Strategic Water Quality Initiatives Fund. Gov./Senate included funding for nonpoint source environmental cleanups per PA 232 of 2010. Estimated $900,000 annual debt service would be incurred as a result. 30,000,000
10. State Sites Cleanup Fund (SSCUP). The Governor and Senate included a provision for spending the remainder of the SSCUP on Part 201 cleanup projects at State-owned sites. 4,400,000
11. Coastal and Inland Water Permit System. The Governor and Senate included funding for the replacement of a 25-year-old system that handles these permits. 3,200,000
12. Aquatic Invasive Species Advisory Council. The Senate included a placeholder appropriation contingent on the Council's creation. 100
13. Excess FTE authorization. The Senate reduced excess FTE authorization by 100.6. 0
14. Fund Shifts. Gov./Senate included two GF/GP to restricted fund shifts: $400,000 in Critical Dunes program, $738,000 in Hazardous Waste Management program. Resulting in $1,138,000 GF/GP savings. 0
15. Excess Spending Authorization. The Governor and Senate included reductions to various programs in an effort to match those appropriations with available revenue, including a $25.0 million reduction in the Great Lakes Restoration Initiative Federal grant. (31,663,200)
16. Early Retirement Savings. Savings from retirement incentive in FY 2009-10. (738,100)
17. Economic Adjustments. DIT Economics: $137,600 Gross, $7,100 GF/GP. 6,697,200
18. Comparison to Gov.'s Rec. Senate is $131,900 below Gov.'s rec for Gross and even with GF/GP.
Total Changes $10,041,700
  FY 2011-12 Senate-Passed Gross Appropriation $405,707,400
FY 2011-12 ENVIRONMENTAL QUALITY BUDGET BOILERPLATE HIGHLIGHTS

Changes from FY 2010-11 Year to Date:
  1. Out-of-State Travel. The Governor and Senate eliminated sections restricting out-of-state travel, as well as attendance to conferences and training seminars. (Sec. 209 & 225)
2. Purchasing Guidelines. The Governor eliminated and the Senate restored a section favoring the purchase of domestic and Michigan-made goods as well as a section favoring goods and services purchased from depressed and deprived communities. (Sec. 203 and 211)
3. Outside Legal Counsel. The Governor removed and Senate restored a section prohibiting the Department from using legal services that are the responsibility of the Attorney General. (Sec. 214)
4. Communication with the Legislature. The Governor eliminated and the Senate restored a section prohibiting disciplinary procedures against employees who communicate truthfully with the Legislature was eliminated. (Sec. 212)
5. Restricted Fund and FTE Reports. The Governor and Senate eliminated sections requiring various reports on State restricted fund balances as well as FTE reports. (Sec. 222 & 233)
6. Expenditure Posting. The Governor and Senate eliminated sections requiring expenditure posting on the internet. (Sec. 233 & 234)
7. Small Business Rules. The Governor and Senate eliminated language prohibiting rules from disproportionately affecting small businesses. (Sec. 213)
8. Permits Considered Administratively Complete. The Governor and Senate eliminated a section declaring environmental permits outstanding for more than 2 years as of January 1, 2011 administratively complete. (Sec. 218)
9. Refined Petroleum Fund Use. The Governor eliminated and the Senate restored a section stating the Legislature's intent to use the RPF for its intended purpose. (Sec. 221)
10. Refined Petroleum Fund Intent to Repay. The Governor and Senate eliminated a section stating the Legislature's intent to repay $70.0 million transferred from the RPF in FY 2006-07. (Sec. 405)
11. Draft Memoranda. The Governor and Senate eliminated a section prohibiting the use of operational memoranda in draft status. (Sec. 406)
12. Aquatic Nuisance Control (ANC) Program. The Governor and Senate eliminated a section allocating $100,000 and 1 FTE for the ANC program as well as a report on the program. (Sec. 651)
13. Groundwater Dispute Resolution. The Governor eliminated and the Senate restored a section requiring the Department to fund a groundwater dispute resolution program and report to the Legislature with additional funding needs. (Sec. 601)
14. Surplus Fund Transfers. The Governor and Senate eliminated a section which transferred $2.0 million from the Solid Waste Management Fund Perpetual Care Account to the Solid Waste Management Fund Staff Account. (Sec. 407) The Governor and Senate included two new transfers: $2.0 million from the Small Business Pollution Prevention Loan Fund to the Environmental Pollution Prevention Fund, and $1.3 million from the Small Business Pollution Prevention Loan Fund to the Environmental Protection Fund. (Sec. 406 & 407)
15. Refined Petroleum Fund Site List. The Governor eliminated and the Senate restored a section listing the leaking underground storage tank cleanups that would be funded during the fiscal year. The Senate updated the list to contain projects for fiscal year 2011-12. (Sec. 405)
16. Pollution Control Tax Exemption Certificates. The Senate included a new section requiring the Department to enter into an MOU with the Department of Treasury to develop a process to approve these certificates in accordance with certain lists of approved pollution control equipment as approved by the State Tax Commission. (Sec. 408)
17. Aquatic Invasive Species Advisory Council. The Senate included a section which would provide funding for this Council provided one is created. (Sec. 602)

Date Completed: 4-28-11 Fiscal Analyst: Josh Sefton Bill Analysis @ http://www.senate.michigan.gov/sfa This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations. hideq_sp.doc