Substitute For

HOUSE BILL NO. 4397

A bill to make appropriations for the department of environment, Great Lakes, and energy for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.

The people of the state of michigan enact:


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part 1

line-item appropriations

Sec. 101. There is appropriated for the department of environment, Great Lakes, and energy for the fiscal year ending September 30, 2022, from the following funds:

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

 

 

 

APPROPRIATION SUMMARY

 

 

 


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28

Full-time equated unclassified positions

1.0

 

 

Full-time equated classified positions

1,423.0

 

 

GROSS APPROPRIATION

 

$

155,603,200

Total interdepartmental grants and intradepartmental transfers

 

 

885,900

ADJUSTED GROSS APPROPRIATIONS

 

$

154,717,300

Federal revenues:

 

 

 

Total federal revenues

 

 

42,972,300

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

352,700

Total other state restricted revenues

 

 

76,076,300

State general fund/general purpose

 

$

35,316,000

Sec. 102.  DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

1.0

 

 

Full-time equated classified positions

106.0

 

 

Unclassified salaries--FTE positions

1.0

$

43,400

Accounting service center

 

 

365,900

Administrative hearings officers

 

 

227,500

Environmental investigations--FTEs

12.0

 

637,300

Environmental support--FTEs

56.0

 

2,094,900

Environmental support projects

 

 

1,500,000

Executive direction--FTEs

14.0

 

585,100

Facilities management

 

 

250,000

Financial support--FTEs

24.0

 

867,800

Property management

 

 

1,927,600

GROSS APPROPRIATION

 

$

8,499,500


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Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of state police

 

 

21,700

IDG from state transportation department

 

 

30,500

Federal revenues:

 

 

 

Federal funds

 

 

151,200

Special revenue funds:

 

 

 

Private funds

 

 

187,600

Air emissions fees

 

 

238,200

Aquatic nuisance control fund

 

 

21,900

Campground fund

 

 

7,300

Cleanup and redevelopment fund

 

 

532,500

Electronic waste recycling fund

 

 

10,600

Environmental education fund

 

 

49,100

Environmental pollution prevention fund

 

 

146,500

Fees and collections

 

 

6,300

Financial instruments

 

 

2,030,800

Great Lakes protection fund

 

 

12,000

Groundwater discharge permit fees

 

 

35,600

Infrastructure construction fund

 

 

1,300

Laboratory services fees

 

 

144,200

Land and water permit fees

 

 

36,300

Medical waste emergency response fund

 

 

10,600

Metallic mining surveillance fee revenue

 

 

2,700

Mineral well regulatory fee revenue

 

 

2,700

Nonferrous metallic mineral surveillance

 

 

12,700

NPDES fees

 

 

101,800

Oil and gas regulatory fund

 

 

200,500


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Orphan well fund

 

 

24,600

Public swimming pool fund

 

 

14,700

Public utility assessments

 

 

170,500

Public water supply fees

 

 

107,500

Refined petroleum fund

 

 

854,300

Renew Michigan fund

 

 

745,700

Sand extraction fee revenue

 

 

2,700

Scrap tire regulatory fund

 

 

58,800

Septage waste program fund

 

 

12,000

Settlement funds

 

 

250,000

Sewage sludge land application fee

 

 

20,000

Soil erosion and sedimentation control training fund

 

 

3,400

Solid waste management fund - staff account

 

 

273,900

Stormwater permit fees

 

 

50,900

Strategic water quality initiatives fund

 

 

28,500

Underground storage tank cleanup fund

 

 

67,800

Wastewater operator training fees

 

 

12,700

Water pollution control revolving fund

 

 

15,300

Water use reporting fees

 

 

6,000

State general fund/general purpose

 

$

1,785,600

Sec. 103.  OFFICE OF THE GREAT LAKES

 

 

 

Full-time equated classified positions

15.0

 

 

Great Lakes restoration initiative--FTEs

9.0

$

1,897,800

Office of the Great Lakes--FTEs

6.0

 

205,600

GROSS APPROPRIATION

 

$

2,103,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 


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Federal funds

 

 

1,904,300

Special revenue funds:

 

 

 

Great Lakes protection fund

 

 

126,300

State general fund/general purpose

 

$

72,800

Sec. 104.  WATER RESOURCES DIVISION

 

 

 

Full-time equated classified positions

321.0

 

 

Aquatic nuisance control program--FTEs

6.0

$

239,700

Coastal management grants--FTEs

7.0

 

628,200

Dam safety grant program

 

 

1,000,000

Expedited water/wastewater permits--FTEs

1.0

 

12,800

Federal - Great Lakes remedial action plan grants

 

 

146,000

Federal - nonpoint source water pollution grants

 

 

1,020,800

Fish contaminant monitoring

 

 

79,000

Great Lakes restoration initiative

 

 

902,100

Groundwater discharge permit program--FTEs

22.0

 

835,900

Land and water interface permit programs--FTEs

84.0

 

3,145,100

Nonpoint source pollution prevention and control project program

 

 

500,000

NPDES nonstormwater program--FTEs

83.0

 

3,405,700

Program direction and project assistance--FTEs

27.0

 

809,400

Sewage sludge land application program--FTEs

7.0

 

223,100

Stormwater activities--FTEs

27.5

 

1,325,700

Surface water--FTEs

51.5

 

2,162,600

Technology advancements for water monitoring

 

 

125,000

Water quality protection grants

 

 

25,000

Water withdrawal assessment program--FTEs

5.0

 

210,700


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Wetlands program

 

 

250,000

GROSS APPROPRIATION

 

$

17,046,800

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from state transportation department

 

 

333,000

Federal revenues:

 

 

 

Federal funds

 

 

6,656,300

Special revenue funds:

 

 

 

Aquatic nuisance control fund

 

 

239,700

Clean Michigan initiative fund - clean water fund

 

 

654,300

Clean Michigan initiative fund - nonpoint source

 

 

500,000

Environmental response fund

 

 

145,000

Groundwater discharge permit fees

 

 

372,600

Infrastructure construction fund

 

 

12,800

Land and water permit fees

 

 

848,400

NPDES fees

 

 

1,073,600

Refined petroleum fund

 

 

112,800

Sewage sludge land application fee

 

 

223,500

Soil erosion and sedimentation control training fund

 

 

35,100

Stormwater permit fees

 

 

564,900

Wastewater operator training fees

 

 

76,000

Water pollution control revolving fund

 

 

36,700

Water quality protection fund

 

 

25,000

Water use reporting fees

 

 

64,000

State general fund/general purpose

 

$

5,073,100


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Sec. 105.  AIR QUALITY DIVISION

 

 

 

Full-time equated classified positions

187.0

 

 

Air quality programs--FTEs

187.0

$

7,604,200

GROSS APPROPRIATION

 

$

7,604,200

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

1,873,300

Special revenue funds:

 

 

 

Air emissions fees

 

 

2,634,300

Fees and collections

 

 

53,400

Oil and gas regulatory fund

 

 

36,900

Public utility assessments

 

 

37,500

Refined petroleum fund

 

 

939,800

State general fund/general purpose

 

$

2,029,000

Sec. 106.  REMEDIATION AND REDEVELOPMENT DIVISION

 

 

 

Full-time equated classified positions

311.0

 

 

Brownfield grants

 

$

275,000

Contaminated site investigations, cleanup and revitalization--FTEs

130.0

 

4,769,800

Emergency cleanup actions

 

 

500,000

Environmental cleanup support

 

 

7,575,000

Federal cleanup project management--FTEs

40.0

 

1,815,900

Laboratory services--FTEs

42.0

 

2,105,000

Refined petroleum product cleanup program--FTEs

99.0

 

8,780,900

Superfund cleanup

 

 

250,000

GROSS APPROPRIATION

 

$

26,071,600

Appropriated from:

 

 

 


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Federal revenues:

 

 

 

Federal funds

 

 

1,634,500

Special revenue funds:

 

 

 

Brownfield development fund

 

 

275,000

Cleanup and redevelopment fund

 

 

6,043,300

Environmental response fund

 

 

7,685,500

Laboratory services fees

 

 

2,024,100

Public water supply fees

 

 

80,900

Refined petroleum fund

 

 

8,254,600

State general fund/general purpose

 

$

73,700

Sec. 107.  UNDERGROUND STORAGE TANK AUTHORITY

 

 

 

Full-time equated classified positions

5.0

 

 

Underground storage tank cleanup program--FTEs

5.0

$

5,017,300

GROSS APPROPRIATION

 

$

5,017,300

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Underground storage tank cleanup fund

 

 

5,017,300

State general fund/general purpose

 

$

0

Sec. 108.  RENEWING MICHIGAN'S ENVIRONMENT

 

 

 

Full-time equated classified positions

133.0

 

 

Mapping and other support--FTEs

5.0

$

998,900

Renewing Michigan's environment program--FTEs

128.0

 

17,490,600

GROSS APPROPRIATION

 

$

18,489,500

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Renew Michigan fund

 

 

17,490,600

State general fund/general purpose

 

$

998,900

Sec. 109.  INFORMATION TECHNOLOGY

 

 

 


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Information technology services and projects

 

$

2,394,700

GROSS APPROPRIATION

 

$

2,394,700

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of state police

 

 

6,400

IDG from state transportation department

 

 

9,200

Federal revenues:

 

 

 

Federal funds

 

 

459,700

Special revenue funds:

 

 

 

Private funds

 

 

3,800

Air emissions fees

 

 

73,000

Aquatic nuisance control fund

 

 

6,600

Campground fund

 

 

2,200

Cleanup and redevelopment fund

 

 

163,600

Electronic waste recycling fund

 

 

3,200

Environmental education fund

 

 

1,200

Environmental pollution prevention fund

 

 

41,800

Fees and collections

 

 

1,600

Financial instruments

 

 

275,200

Great Lakes protection fund

 

 

3,600

Groundwater discharge permit fees

 

 

10,400

Infrastructure construction fund

 

 

400

Laboratory services fees

 

 

43,400

Land and water permit fees

 

 

16,600

Medical waste emergency response fund

 

 

3,200

Metallic mining surveillance fee revenue

 

 

800

Mineral well regulatory fee revenue

 

 

800

Nonferrous metallic mineral surveillance

 

 

3,800


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NPDES fees

 

 

30,600

Oil and gas regulatory fund

 

 

61,600

Orphan well fund

 

 

7,400

Public swimming pool fund

 

 

4,400

Public utility assessments

 

 

3,200

Public water supply fees

 

 

32,400

Refined petroleum fund

 

 

265,600

Renew Michigan fund

 

 

230,600

Sand extraction fee revenue

 

 

800

Scrap tire regulatory fund

 

 

17,600

Septage waste program fund

 

 

3,600

Sewage sludge land application fee

 

 

6,000

Soil erosion and sedimentation control training fund

 

 

1,000

Solid waste management fund - staff account

 

 

85,200

Stormwater permit fees

 

 

15,400

Strategic water quality initiatives fund

 

 

8,600

Underground storage tank cleanup fund

 

 

20,400

Wastewater operator training fees

 

 

3,800

Water pollution control revolving fund

 

 

4,600

Water use reporting fees

 

 

1,800

State general fund/general purpose

 

$

459,600

Sec. 110.  CLIMATE AND ENERGY

 

 

 

Full-time equated classified positions

3.0

 

 

Office of climate and energy--FTEs

3.0

$

65,700

GROSS APPROPRIATION

 

$

65,700

Appropriated from:

 

 

 

Federal revenues:

 

 

 


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Federal funds

 

 

12,400

Special revenue funds:

 

 

 

Public utility assessments

 

 

9,900

State general fund/general purpose

 

$

43,400

Sec. 111.  DRINKING WATER AND ENVIRONMENTAL HEALTH

 

 

 

Full-time equated classified positions

125.0

 

 

Drinking water--FTEs

68.0

$

2,978,900

Drinking water program grants

 

 

207,500

Environmental health--FTEs

57.0

 

1,794,800

Noncommunity water grants

 

 

476,400

Septage waste compliance grants

 

 

68,800

GROSS APPROPRIATION

 

$

5,526,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

2,639,000

Special revenue funds:

 

 

 

Campground fund

 

 

77,200

Fees and collections

 

 

8,600

Public swimming pool fund

 

 

159,100

Public water supply fees

 

 

1,081,900

Refined petroleum fund

 

 

185,600

Septage waste program fund

 

 

124,700

Wastewater operator training fees

 

 

65,600

State general fund/general purpose

 

$

1,184,700

Sec. 112.  MATERIALS MANAGEMENT DIVISION

 

 

 

Full-time equated classified positions

129.0

 

 


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Environmental sustainability and stewardship--FTEs

11.0

$

1,556,000

Hazardous waste management program--FTEs

45.0

 

1,456,700

Low-level radioactive waste authority--FTEs

2.0

 

61,600

Medical waste program--FTEs

2.0

 

80,000

Pollution prevention--FTEs

7.0

 

577,900

Radiological protection program--FTEs

12.0

 

508,900

Recycling initiative--FTEs

3.0

 

255,600

Scrap tire grants

 

 

875,000

Scrap tire regulatory program--FTEs

10.0

 

342,200

Solid waste management program--FTEs

37.0

 

1,660,600

GROSS APPROPRIATION

 

$

7,374,500

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of state police

 

 

430,100

Federal revenues:

 

 

 

Federal funds

 

 

1,785,900

Special revenue funds:

 

 

 

Private funds

 

 

161,300

Cleanup and redevelopment fund

 

 

255,600

Coal ash care fund

 

 

64,600

Community pollution prevention fund

 

 

62,500

Electronic waste recycling fund

 

 

80,000

Energy efficiency and renewable energy revolving loan fund

 

 

62,500

Environmental pollution prevention fund

 

 

994,600

Medical waste emergency response fund

 

 

80,000

Public utility assessments

 

 

445,600


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Retired engineers technical assistance program fund

 

 

122,800

Scrap tire regulatory fund

 

 

1,217,200

Small business pollution prevention revolving loan fund

 

 

33,600

Solid waste management fund - staff account

 

 

1,516,000

Technologically enhanced naturally occurring radioactive material

 

 

62,200

State general fund/general purpose

 

$

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Sec. 113.  OIL, GAS, AND MINERALS DIVISION

 

 

 

Full-time equated classified positions

59.0

 

 

Oil, gas, and mineral services--FTEs

59.0

$

2,907,700

GROSS APPROPRIATION

 

$

2,907,700

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of licensing and regulatory affairs

 

 

55,000

Federal revenues:

 

 

 

Federal funds

 

 

37,500

Special revenue funds:

 

 

 

Metallic mining surveillance fee revenue

 

 

23,100

Mineral well regulatory fee revenue

 

 

52,100

Native copper mine fund

 

 

12,500

Nonferrous metallic mineral surveillance

 

 

93,100

Oil and gas regulatory fund

 

 

934,500

Orphan well fund

 

 

583,200

Sand extraction fee revenue

 

 

21,500

State general fund/general purpose

 

$

1,095,200


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Sec. 114.  WATER INFRASTRUCTURE

 

 

 

Full-time equated classified positions

29.0

 

 

Municipal assistance--FTEs

29.0

$

1,251,900

Water state revolving funds

 

 

30,000,000

GROSS APPROPRIATION

 

$

31,251,900

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

25,818,200

Special revenue funds:

 

 

 

Revolving loan revenue bonds

 

 

3,750,000

Strategic water quality initiatives fund

 

 

305,600

Water pollution control revolving fund

 

 

128,100

State general fund/general purpose

 

$

1,250,000

Sec. 115.  ONE-TIME APPROPRIATIONS

 

 

 

Dam safety emergency fund

 

$

15,000,000

PFAS and emerging contaminants

 

 

6,250,000

GROSS APPROPRIATION

 

$

21,250,000

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

State general fund/general purpose

 

$

21,250,000

 

part 2

provisions concerning appropriations

for fiscal year 2021-2022

general sections

Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for fiscal year 2021-2022 is $111,392,300.00 and state spending from state sources to be paid to local units of government


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for fiscal year 2021-2022 is $8,880,300.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

 

 

 

Brownfield grants

 

$

250,000

Dam safety grant program

 

 

1,000,000

Emergency cleanup actions

 

 

29,000

Environmental health

 

 

100,000

Environmental sustainability and stewardship

 

 

62,500

Medical waste program

 

 

17,500

Noncommunity water grants

 

 

475,000

Refined petroleum product cleanup program

 

$

1,250,000

Renewing Michigan's environment program

 

 

5,000,000

Scrap tire grants

 

 

500,000

Septage waste compliance grants

 

$

31,300

Surface water

 

 

40,000

Technology advancements for water monitoring

 

 

125,000

TOTAL

 

$

8,880,300

Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

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

(a) "Department" means the department of environment, Great Lakes, and energy.

(b) "Director" means the director of the department.

(c) "FTE" means full-time equated.

(d) "IDG" means interdepartmental grant.

(e) "NPDES" means national pollution discharge elimination


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system.

Sec. 204. The departments and agencies receiving appropriations in part 1 shall use the internet to fulfill the reporting requirements of this part. This requirement shall include transmission of reports via email to the recipients identified for each reporting requirement and it shall include placement of reports on an internet site.

Sec. 205. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.

Sec. 206. The department shall not take disciplinary action against an employee of the department or departmental agency in the state classified civil service because the employee communicates with a member of the senate or house or a member's staff, unless the communication is prohibited by law and the department or agency taking disciplinary action is exercising its authority as provided by law.

Sec. 207. Consistent with section 217 of the management and budget act, 1984 PA 431, MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and


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unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated under this part and part 1. The report shall be submitted to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director. The report shall include the following information:

(a) The dates of each travel occurrence.

(b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.

Sec. 208. Funds appropriated in part 1 shall not be used by a principal executive of the department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.

Sec. 209. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairs of the senate and house appropriations committees and the senate and house fiscal agencies.

Sec. 210. In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,000,000.00 for state restricted contingency authorization. These funds are not


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available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 211. From the funds appropriated in part 1, the department shall provide to the department of technology, management, and budget information sufficient to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for the department or agency:

(a) Fiscal year-to-date expenditures by category.

(b) Fiscal year-to-date expenditures by appropriation unit.

(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.

(d) The number of active department employees by job classification.

(e) Job specifications and wage rates.

Sec. 212. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the senate and house appropriations chairs, senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2021 and September 30, 2022.

Sec. 213. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and


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improve the department's performance.

Sec. 214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2022 are estimated at $33,648,000.00. From this amount, total department appropriations for pension-related legacy costs are estimated at $18,851,400.00. Total department appropriations for retiree health care legacy costs are estimated at $14,796,600.00.

Sec. 215. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, 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. 216. (1) On a quarterly basis, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies the following information:

(a) The number of FTEs in pay status by type of staff and civil service classification.

(b) A comparison by line item of the number of FTEs authorized from funds appropriated in part 1 to the actual number of FTEs employed by the department at the end of the reporting period.

(2) By April 1 of the current fiscal year and semiannually thereafter, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, and the senate and house


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fiscal agencies the following information:

(a) Number of employees that were engaged in remote work in 2021.

(b) Number of employees authorized to work remotely and the actual number of those working remotely in the current reporting period.

(c) Estimated net cost savings achieved by remote work.

(d) Reduced use of office space associated with remote work.

Sec. 217. Appropriations in part 1 shall, to the extent possible, not be expended by the department until all existing work project authorizations available for the same purposes are exhausted.

Sec. 218. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this part and part 1, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, intertransfer funds within this part and part 1 for the particular department, board, commission, officer, or institution.

Sec. 219. The departments and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines.

Sec. 220. The department shall report no later than April 1 on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the senate and house appropriations committees, the senate


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and house subcommittees on the department budget, the joint committee on administrative rules, and the senate and house fiscal agencies.

Sec. 221. (1) Funds appropriated in part 1 shall not be used by the department to promulgate 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.

(2) 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. 222. (1) The department shall report all of the following information relative to allocations made from appropriations for the environmental cleanup and redevelopment program, state cleanups, emergency actions, superfund cleanups, 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 the department budget, and the senate and house fiscal agencies:


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(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 by September 30, 2022.

(g) The number of brownfield projects that were successfully 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 section 20108c of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20108c.

(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. 223. (1) The department may expend amounts remaining from


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the current and prior fiscal year appropriations to meet funding needs of legislatively approved sites for the environmental cleanup and redevelopment program, the refined petroleum product cleanup program, brownfield grants and loans, waterfront grants, and the environmental bond site reclamation program.

(2) Unexpended and unencumbered amounts remaining from appropriations from the environmental protection bond fund contained in 2003 PA 173, 2005 PA 109, 2006 PA 343, 2011 PA 63, and 2012 PA 236 are appropriated for expenditure for any site listed in this part and part 1 and any site listed in the public acts referenced in this section.

(3) Unexpended and unencumbered amounts remaining from appropriations from the clean Michigan initiative fund - response activities contained in 2000 PA 52, 2004 PA 309, 2005 PA 11, 2006 PA 343, 2007 PA 121, 2011 PA 63, 2013 PA 59, 2014 PA 252, 2015 PA 84, 2016 PA 268, and 2017 PA 107 are appropriated for expenditure for any site listed in this part and part 1 and any site listed in the public acts referenced in this section.

(4) Unexpended and unencumbered amounts remaining from appropriations from the refined petroleum fund activities contained in 2007 PA 121, 2008 PA 247, 2009 PA 118, 2010 PA 189, 2011 PA 63, 2012 PA 200, 2013 PA 59, 2014 PA 252, 2015 PA 84, 2016 PA 268, 2017 PA 107, 2018 PA 207, 2019 PA 57, and 2020 PA 166 are appropriated for expenditure for any site listed in this part and part 1 and any site listed in the public acts referenced in this section.

(5) Unexpended and unencumbered amounts remaining from the appropriations from the strategic water quality initiatives fund contained in 2011 PA 50, 2011 PA 63, 2012 PA 200, 2013 PA 59, 2014 PA 252, 2015 PA 84, 2016 PA 268, 2017 PA 107, and 2018 PA 207 are


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appropriated for expenditure for any site listed in this part and part 1 and any site listed in the public acts referenced in this section.

Sec. 224. 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. 225.(1) From the funds appropriated in part 1, the department shall do all of the following:

(a) Report to the house and senate appropriations committees, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office any amounts of severance pay for a department director, deputy director, or other high-ranking department official not later than 14 days after a severance agreement with the director or official is signed. The name of the director or official and the amount of severance pay must be included in the report required by this subdivision.

(b) Maintain an internet site that posts any severance pay in excess of 6 weeks of wages, regardless of the position held by the former department employee receiving severance pay.

(c) By February 1, report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on the total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2021 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2021.

(2) As used in this section, "severance pay" means


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compensation that is both payable or paid upon the termination of employment and is in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

Sec. 226. Any department, agency, board, commission, subdivision, or other executive branch entity or official of this state that receives funding under part 1 shall not do the following:

(a) Require as a condition of accessing any state services or facilities that an individual provide proof he or she has received a COVID-19 vaccine.

(b) Produce, develop, and issue a COVID-19 vaccine passport for the purpose of certifying that an individual has received a COVID-19 vaccine.

(c) Provide information of an individual's COVID-19 vaccine status to any person, company, or governmental entity for inclusion in a COVID-19 vaccine passport.

Sec. 235. The department shall prepare an annual report to the legislature by March 31 that details all of the following for each of the allocations from the clean Michigan initiative bond fund as described in section 19607(1) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.19607:

(a) The progress of each project funded in each category.

(b) The current cost to date of each project funded in each category.

(c) The estimated remaining cost of each project funded in each category.

(d) The remaining balance of money in the fund allocated for each category.


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(e) The total debt obligation on all clean Michigan initiative bonds and the length of time remaining until full bond repayment is achieved.

Sec. 236. The department shall provide a report detailing the expenditure of departmental funds appropriated in 2015 PA 143, 2016 PA 3, 2016 PA 268, and 2016 PA 340. The report shall include the following:

(a) The names and locations of entities receiving funds.

(b) The purpose for each expenditure.

(c) The status of programs supported by this funding.

(d) A brief description of how related problems have been or will be resolved if expenditures are made for immediate response.

(e) The job titles and number of departmental FTEs engaged in the Flint declaration of emergency response effort.

Sec. 237. From the funds appropriated in part 1, the department shall be responsible for the necessary and reasonable attorney fees and costs incurred by private and independent legal counsel chosen by current and former classified and unclassified department employees in the defense of the department employees named as a party in any state or federal lawsuits or investigations related to the city of Flint municipal water system.

 

REMEDIATION AND REDEVELOPMENT DIVISION

Sec. 301. Revenues remaining in the laboratory services fees fund at the end of the fiscal year shall carry forward into the succeeding fiscal year.

Sec. 302. From the funds appropriated in part 1 for contaminated site investigations, cleanup, and revitalization, the department shall not expend more than 1% for costs related to


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staffing, personnel, or FTE positions.

Sec. 303. The department shall provide a quarterly report to the house and senate subcommittees on the department budget and the state budget director on the contaminated site investigations, revitalization, and cleanup program containing the following information:

(a) A list of sites the department intends to work on during the current fiscal year, including the fiscal year the project began.

(b) A list of sites at which the department performed corrective actions during the previous fiscal year.

(c) A list of sites the department closed during the previous fiscal year.

Sec. 305. 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 created in section 503a of the natural resources and environmental protection act, 1994 PA 451, MCL 324.503a, as part of the resolution for the fiscal year 2006-2007 budget.

Sec. 306. (1) The funds appropriated in part 1 for the refined petroleum cleanup program shall be used to fund corrective actions performed by the department pursuant to section 21320 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.21320.

(2) By January 1, the department shall provide a report to the house and senate subcommittees on the department budget and the state budget director on the refined petroleum product cleanup program containing the following information:

(a) A list of sites the department intends to work on during


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the current fiscal year, including the fiscal year the project began.

(b) A list of sites at which the department performed corrective actions during the previous fiscal year.

(c) A list of sites the department closed during the previous fiscal year.

Sec. 308. The unexpended funds appropriated in part 1 for emergency cleanup actions, emergency cleanup support, and the refined petroleum product cleanup program are designated as work project appropriations, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the projects is to provide contaminated site cleanup.

(b) The projects will be accomplished by utilizing contracts with service providers.

(c) The total estimated cost of all projects is identified in each line-item appropriation.

(d) The tentative completion date is September 30, 2025.

Sec. 310. (1) Upon approval by the state budget director, the department may expend from the general fund an amount to meet the cash-flow requirements of projects funded under any of the following that are financed from bond proceeds and for which bonds have been authorized but not yet issued:

(a) Part 52 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.5201 to 324.5206.


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(b) Part 193 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.19301 to 324.19306.

(c) Part 196 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.19601 to 324.19616.

(2) Upon the sale of bonds for projects described in subsection (1), the department shall credit the general fund an amount equal to that expended from the general fund.

Sec. 312. The unexpended funds appropriated in part 1 for environmental cleanup support are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to provide contaminated site cleanup.

(b) The project will be accomplished by utilizing contracts with service providers.

(c) The total estimated cost of the project is $29,300,000.00.

(d) The tentative completion date is September 30, 2026.

 

WATER RESOURCES DIVISION

Sec. 401. From the funds appropriated in part 1 for land and water interface permit programs, not less than $350,000.00 and not fewer than 2.0 FTE positions are allocated for dam safety programs. These amounts are in addition to any funding and FTEs utilized for this purpose in the fiscal year ending September 30, 2021.

Sec. 402. (1) From the funds appropriated in part 1 for the dam safety grant program, the department shall award grants for


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activities necessary to address an imminent threat or significant risk associated with publicly owned or privately owned dams. Grant applicants must submit an asset management plan for each dam included in the application.

(2) The department shall provide an annual report regarding the activities of the dam safety grant program. The annual report shall be posted online on the department's website and copies emailed to the relevant standing committees of the legislature and its relevant appropriations committees, and a copy shall also be provided to the budget director.

(3) The report shall contain all of the following information:

(a) The program's starting and ending balances.

(b) A list of dams that required emergency action through the program, including:

(i) Location of the dams.

(ii) Owners of the dams.

(iii) Description of actions taken.

(iv) Expenditures made per dam.

(v) Summary of enforcement actions taken and status of fund recovery through enforcement action.

(vi) Summary of expenditures from the program made in previous years, along with the status of fund recovery for each through enforcement actions.

(4) The department may include recommendations for appropriations to the program that reflect anticipated program needs based on the overall dam safety risk portfolio management.

Sec. 405. 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


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protection act, 1994 PA 451, MCL 324.11701 to 324.11721, 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. 410. From the funds appropriated in part 1, the department shall compile a report by November 1 on the status of the implementation plan for the western Lake Erie basin collaborative agreement. In an effort to learn more about the presence and timing of harmful algal blooms, the report shall contain all of the following:

(a) An estimated cost of removal of total phosphorus per pound at the 4 major wastewater treatment plants.

(b) A description of the grants that have been awarded.

(c) A description of the work that has commenced on the issue of dissolved reactive phosphorus, the expected objectives and outcomes of that work, and a list of the parties involved in that effort.

(d) A description of the efforts and outcomes aimed at the total phosphorus reduction for the River Raisin watershed.

 

UNDERGROUND STORAGE TANK AUTHORITY

Sec. 701. The unexpended funds appropriated in part 1 for the underground storage tank cleanup program are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431,


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MCL 18.1451a:

(a) The purpose of the project is to provide contaminated site cleanup.

(b) The project will be accomplished by utilizing contracts with service providers.

(c) The total estimated cost of the project is $20,000,000.00.

(d) The tentative completion date is September 30, 2026.

 

MATERIALS MANAGEMENT DIVISION

Sec. 901. In addition to the money appropriated in part 1, the department may receive and expend money from the Volkswagen Environmental Mitigation Trust Agreement to provide funding for activities as outlined within the State's Mitigation Plan. The department shall prepare an annual report to the appropriations subcommittees, the fiscal agencies, and the state budget office by February 1, 2022 of the expenditures incurred under this section during the fiscal year ending September 30, 2022.

 

ONE-TIME APPROPRIATIONS

Sec. 1004. (1) The department shall provide an annual report regarding the activities of the dam safety emergency fund. The annual report shall be posted online on the department's website and copies emailed to the relevant standing committees of the legislature and its relevant appropriations committees, and a copy shall also be provided to the budget director.

(2) The report shall contain all of the following information:

(a) The fund's starting and ending balances.

(b) A list of dams that required emergency action through the fund, including:


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(i) Location of the dams.

(ii) Owners of the dams.

(iii) Description of actions taken.

(iv) Expenditures made per dam.

(v) Summary of enforcement actions taken and status of fund recovery through enforcement action.

(vi) Summary of expenditures from the fund made in previous years, along with the status of fund recovery for each through enforcement actions.

(3) The department may include recommendations for appropriations to the fund that reflect anticipated fund needs based on the overall dam safety risk portfolio management.

Sec. 1005. The unexpended funds appropriated in part 1 for the dam safety emergency fund are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is for activities necessary to address an imminent threat or significant risk associated with publicly owned or privately owned dams, including inspections, evaluations, and investigations under section 31518 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.31518, and emergency actions under section 31521 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.31521.

(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.


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(c) The total estimated cost of the project is $15,000,000.00.

(d) The tentative completion date is September 30, 2026.

Sec. 1008. (1) From the funds appropriated in part 1 for PFAS and emerging contaminants, the department shall award grants for up to $5,000,000.00 to drinking water systems for contaminant remediation efforts or connection to an alternate system as well as to invest in technologies to address contaminants in public water systems.

(2) On or before April 1, the department shall transmit to the appropriations subcommittees, the fiscal agencies, and the state budget office and post on the department's website a report on the previous calendar year's activities funded with PFAS and emerging contaminants funds. The report shall include a list of all grantees and award amounts.