Substitute For

HOUSE BILL NO. 4394

A bill to make appropriations for the department of agriculture and rural development 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 agriculture and rural development for the fiscal year ending September 30, 2022, from the following funds:

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

1.0

 

 

Full-time equated classified positions

 506.0

 

 


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GROSS APPROPRIATION

 

$

 27,722,300

Total interdepartmental grants and intradepartmental transfers

 

 

80,000

ADJUSTED GROSS APPROPRIATIONS

 

$

 

27,642,300

Federal revenues:

 

 

 

Total federal revenues

 

 

3,400,300

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

17,800

Total other state restricted revenues

 

 

11,051,600

State general fund/general purpose

 

$

 13,172,600

Sec. 102.  DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

1.0

 

 

Full-time equated classified positions

27.0

 

 

Unclassified salaries--FTE positions

1.0

$

43,400

Accounting service center

 

 

257,300

Commissions and boards

 

 

6,000

Emergency management--FTEs

4.0

 

330,200

Executive direction--FTEs

23.0

 

805,600

Property management

 

 

183,900

GROSS APPROPRIATION

 

$

1,626,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

HHS, multiple grants

 

 

111,900

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

11,100


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Dairy and food safety fund

 

 

25,100

Feed control fund

 

 

2,000

Fertilizer control fund

 

 

2,500

Freshwater protection fund

 

 

15,300

Gasoline inspection and testing fund

 

 

6,300

Industry support funds

 

 

13,900

Michigan craft beverage council fund

 

 

2,200

Private forestland enhancement fund

 

 

3,900

Refined petroleum fund

 

 

5,000

Weights and measures regulation fees

 

 

1,300

State general fund/general purpose

 

$

1,425,900

Sec. 103.  INFORMATION AND TECHNOLOGY

 

 

 

Information technology services and projects

 

$

578,200

GROSS APPROPRIATION

 

$

578,200

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

22,900

Dairy and food safety fund

 

 

18,700

Feed control fund

 

 

3,800

Fertilizer control fund

 

 

3,800

Freshwater protection fund

 

 

3,800

Gasoline inspection and testing fund

 

 

8,100

State general fund/general purpose

 

$

517,100

Sec. 104.  FOOD AND DAIRY

 

 

 

Full-time equated classified positions

 129.0

 

 

Food safety and quality assurance--FTEs

 93.0

$

3,050,800

Milk safety and quality assurance--FTEs

36.0

 

1,438,000


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GROSS APPROPRIATION

 

$

4,488,800

Appropriated from:

 

 

 

Federal revenues:

 

 

 

HHS, multiple grants

 

 

685,400

USDA, multiple grants

 

 

34,300

Special revenue funds:

 

 

 

Consumer and industry food safety education fund

 

 

60,600

Dairy and food safety fund

 

 

1,365,400

Industry food safety education fund

 

 

28,500

Marihuana regulatory fund

 

 

87,500

Marihuana regulation fund

 

 

87,500

State general fund/general purpose

 

$

2,139,600

Sec. 105.  ANIMAL INDUSTRY

 

 

 

Full-time equated classified positions

62.0

 

 

Animal disease prevention and response--FTEs

62.0

$

2,405,800

Indemnification - livestock depredation

 

 

3,800

Alliance for animal agriculture

 

 

750,000

GROSS APPROPRIATION

 

$

3,159,600

Appropriated from:

 

 

 

Federal revenues:

 

 

 

HHS, multiple grants

 

 

3,800

USDA, multiple grants

 

 

141,900

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

18,000

Animal welfare fund

 

 

37,500

State general fund/general purpose

 

$

2,958,400

Sec. 106.  PESTICIDE AND PLANT PEST MANAGEMENT

 

 

 


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Full-time equated classified positions

95.0

 

 

Animal feed safety--FTEs

10.0

$

522,300

Pesticide and plant pest management--FTEs

85.0

 

3,543,000

GROSS APPROPRIATION

 

$

4,065,300

Appropriated from:

 

 

 

Federal revenues:

 

 

 

EPA, multiple grants

 

 

141,100

HHS, multiple grants

 

 

97,500

USDA, multiple grants

 

 

179,200

Special revenue funds:

 

 

 

Private - slow-the-spread foundation

 

 

5,300

Agriculture licensing and inspection fees

 

 

1,124,700

Commodity inspection fees

 

 

167,900

Feed control fund

 

 

346,900

Fertilizer control fund

 

 

334,200

Freshwater protection fund

 

 

39,400

Horticulture fund

 

 

17,500

Industrial hemp licensing and registration fund

 

 

167,700

Industry support funds

 

 

57,000

State general fund/general purpose

 

$

1,386,900

Sec. 107.  ENVIRONMENTAL STEWARDSHIP

 

 

 

Full-time equated classified positions

62.5

 

 

Agricultural preservation easement grants

 

$

475,000

Environmental stewardship - MAEAP--FTEs

25.0

 

2,920,600

Farmland and open space preservation--FTEs

10.0

 

393,800

Intercounty drain--FTEs

6.0

 

210,500

Migrant labor housing--FTEs

9.0

 

331,000

Qualified forest program--FTEs

6.0

 

540,100


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Right-to-farm--FTEs

6.5

 

249,800

GROSS APPROPRIATION

 

$

5,120,800

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from MDEGLE, biosolids

 

 

23,300

Federal revenues:

 

 

 

Department of interior

 

 

24,100

EPA, multiple grants

 

 

140,500

USDA, multiple grants

 

 

330,600

Special revenue funds:

 

 

 

Agricultural preservation fund

 

 

868,800

Freshwater protection fund

 

 

2,074,200

Migratory labor housing fund

 

 

35,000

Private forestland enhancement fund

 

 

270,000

State general fund/general purpose

 

$

1,354,300

Sec. 108.  LABORATORY PROGRAM

 

 

 

Full-time equated classified positions

108.5

 

 

Central licensing and customer call center--FTEs

12.5

$

359,900

Consumer protection program--FTEs

42.0

 

1,733,700

Laboratory services--FTEs

43.0

 

2,055,200

USDA monitoring--FTEs

11.0

 

419,400

GROSS APPROPRIATION

 

$

4,568,200

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from LARA (LCC), liquor quality testing fees

 

 

56,700

Federal revenues:

 

 

 


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EPA, multiple grants

 

 

45,200

HHS, multiple grants

 

 

387,500

USDA, multiple grants

 

 

419,700

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

86,600

Dairy and food safety fund

 

 

128,600

Feed control fund

 

 

47,700

Fertilizer control fund

 

 

6,200

Freshwater protection fund

 

 

11,800

Gasoline inspection and testing fund

 

 

353,100

Grain dealers fee fund

 

 

2,000

Industrial hemp licensing and registration fund

 

 

79,700

Migratory labor housing fund

 

 

7,300

Refined petroleum fund

 

 

845,000

Testing fees

 

 

88,300

Weights and measures regulation fees

 

 

184,400

State general fund/general purpose

 

$

1,818,400

Sec. 109.  AGRICULTURE DEVELOPMENT

 

 

 

Full-time equated classified positions

22.0

 

 

Agriculture development--FTEs

13.0

$

1,190,200

Fair food network - double up food bucks

 

 

225,000

Food and agriculture investment program

 

 

617,700

Michigan craft beverage council--FTEs

3.0

 

230,200

Producer security/grain dealers--FTEs

5.0

 

185,100

Rural development fund grant program--FTE

1.0

 

501,200

GROSS APPROPRIATION

 

$

2,949,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 


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USDA, multiple grants

 

 

657,600

Special revenue funds:

 

 

 

Private - commodity group revenue

 

 

12,500

Agriculture licensing and inspection fees

 

 

1,300

Grain dealers fee fund

 

 

174,100

Industry support funds

 

 

55,900

Michigan craft beverage council fund

 

 

222,700

Rural development fund

 

 

501,200

State general fund/general purpose

 

$

1,324,100

Sec. 110.  FAIRS AND EXPOSITIONS

 

 

 

County fairs, shows, and expositions

 

$

247,900

Fairs and racing

 

 

64,700

Horse racing advisory commission

 

 

100

Licensed tracks - light horse racing

 

 

10,100

Light horse racing - breeders' awards

 

 

5,000

Purses and supplements - fairs/licensed tracks

 

 

177,100

Standardbred breeders' awards

 

 

86,500

Standardbred purses and supplements - licensed tracks

 

 

168,000

Standardbred sire stakes

 

 

68,800

Thoroughbred breeders' awards

 

 

92,200

Thoroughbred sire stakes

 

 

94,700

Thoroughbred supplements - licensed tracks

 

 

150,500

GROSS APPROPRIATION

 

$

1,165,600

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Agriculture equine industry development fund

 

 

917,700

State general fund/general purpose

 

$

247,900

 


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PART 2

PROVISIONS CONCERNING APPROPRIATIONS

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   $24,224,200.00 and state spending from state sources to be paid to local units of government for fiscal year 2021-2022 is $2,120,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

 

 

 

Agriculture preservation easement grants

 

$

475,000

Environmental stewardship/MAEAP

 

 

1,025,000

Qualified forest program

 

 

275,000

Rural development fund grant program

 

 

375,000

TOTAL

 

$

2,120,000

Sec. 202. The appropriations authorized under part 1 and this part are subject to the management and budget act, 1984 PA 431,  18.MCL1101 to 18.1594.

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

(a) "Department" means the department of agriculture and rural development.

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

(c) "Fiscal agencies" means the Michigan house fiscal agency and the Michigan senate fiscal agency.

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

(e) "" means interdepartmental grant.IDG

(f) "MAEAP" means the Michigan agriculture environmental assurance program.

(g) "MDEGLE" means the Michigan department of environment,


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Great Lakes, and energy.

(h) "Subcommittees" means all members of the subcommittees of the house and senate appropriations committees with jurisdiction over the budget for the department.

(i) "TB" means tuberculosis.

(j) "USDA" means the United States Department of Agriculture.

Sec. 204. (1) 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 electronic mail to the recipients identified for each reporting requirement, and shall include placement of reports on an internet site.

(2) In fulfilling the reporting requirements of this part, the department shall notify report recipients when reports are posted to the department website.

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 director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. Each director shall strongly encourage firms with which the


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department contracts to subcontract with certified businesses in depressed and deprived communities for services or supplies, or both.

Sec. 207. The departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:

(a) The dates of each travel occurrence.

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

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

Sec. 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


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projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies.

Sec. 210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,000,000.00 for federal contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for state restricted contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.


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Sec. 211. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each 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 cooperate with the state budget office to provide the senate and house appropriations chairs, the subcommittees, respectively, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 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 improve the agency's performance.

Sec. 214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2022 is $11,812,300.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $6,617,900.00. Total agency appropriations for retiree health care


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legacy costs are estimated at $5,194,400.00.

Sec. 215. 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. 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 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.


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

Sec. 217. Appropriations in part 1 shall, to the extent possible by the department, not be expended until all existing work project authorization available for the same purposes is 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 article, 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 article for the particular department, board, commission, officer, or institution.

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

Sec. 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 and house subcommittees on agriculture and rural development, the joint committee on administrative rules, and the senate and house fiscal agencies.

Sec. 221. (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 amount of severance pay


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

Sec. 222. 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


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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.

 

DEPARTMENTAL ADMINISTRATION AND SUPPORT

Sec. 301. (1) The department may establish a fee schedule and collect fees for the following work activities and services:

(a) Pesticide and plant pest management propagation and certification of virus-free foundation stock.

(b) Fruit and vegetable inspection and grading services at shipping and termination points and processing plants.

(c) Laboratory support analyses of food, livestock, and agricultural products for disease, foreign products for disease, toxic materials, foreign substances, and quality standards.

(d) Laboratory support test samples for other state and local agencies and public or private organizations.

(2) The department may receive and expend revenue from the fees authorized under subsection (1), subject to appropriation, for the purpose of recovering expenses associated with the work activities and services described in subsection (1). Fee revenue collected by the department under subsection (1) shall not lapse to the state general fund at the end of the fiscal year but shall carry forward for appropriation by the legislature in the subsequent fiscal year.

(3) The department shall notify the subcommittees, the fiscal agencies, and the state budget office 30 days prior to proposing changes in fees authorized under this section or under section 5 of


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1915 PA 91, MCL 285.35.

(4) On or before February 1 of each year, the department shall provide a report to the subcommittees, the fiscal agencies, and the state budget office detailing all the fees charged by the department under the authorization provided in this section, including, but not limited to, rates, number of individuals paying each fee, and the revenue generated by each fee in the previous fiscal year.

Sec. 302. (1) The department may contract with or provide grants to local units of government, institutions of higher education, or nonprofit organizations to support activities authorized by appropriations in part 1. As used in this section, contracts and grants include, but are not limited to, contracts for delivery of groundwater/freshwater programs, MAEAP technical assistance, forest management, invasive species monitoring, wildlife risk mitigation, grants promoting proper pesticide disposal, and research grants for the purpose of enhancing the agricultural industries in this state.

(2) The department shall provide notice of contracts or grants authorized under this section to the subcommittees, the fiscal agencies, and the state budget office not later than 7 days before the department notifies contract or grant recipients.

 

FOODDAIRYAND

Sec. 401. (1) The department shall report on the previous fiscal year's activities of the food and dairy division. The report shall include information on activities and outcomes of the dairy safety and inspection program, the food safety inspection program, the foodborne illness and emergency response program, and the food


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service program.

(2) The report shall include information on significant foodborne outbreaks and emergencies, including any significant enforcement actions taken related to food safety during the prior calendar year.

(3) The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department's website on or before April 1 of each year.

 

ANIMAL INDUSTRY

Sec. 451. From the funds appropriated in part 1 for bovine TB, the department shall pay for all whole herd testing costs and individual animal testing costs in the modified accredited zone and buffer counties to maintain split-state status requirements. These costs include indemnity and compensation for injury causing death or downer to animals.

Sec. 452. (1) The department shall report on the previous calendar year's activities of the animal industry division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department's website on or before April 1 of each year.

(2) The department shall include in the report all indemnification payments for livestock depredation made in the previous calendar year and shall include all of the following:

(a) The reason for the indemnification.

(b) The amount of the indemnification.

(c) The person for whom the indemnification was paid.

Sec. 454. The department shall use its resources to collaborate with the USDA to monitor bovine TB, consistent with the


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current required memoranda of understanding between the department and the USDA.

Sec. 457. (1) On or before October 15 of each year, the department shall provide to the subcommittees, the fiscal agencies, and the state budget office a report on bovine TB status and department activities.

(2) For each fiscal quarter following the report required in subsection (1), the department shall provide an update to the subcommittees, the fiscal agencies, and the state budget office. The quarterly update reports shall identify significant impacts to the program, including new incidence of bovine TB in this state, department activity associated with specific new incidence of bovine TB, any changes in USDA requirements or movement orders, and information and data on wildlife risk mitigation plan implementation in the modified accredited zone; implementation of a movement certificate process; progress toward annual surveillance test requirements; efforts to work with slaughter facilities in this state, as well as those that slaughter a significant number of animals from this state; and educational programs and information for this state's livestock community.

Sec. 458. From the funds appropriated in part 1 for Michigan animal agriculture alliance, the department shall work with animal industry representatives and state research universities to establish an animal research grant program.

 

PESTICIDE AND PLANT PEST MANAGEMENT

Sec. 501. The department shall report on the previous calendar year's activities of the pesticide and plant pest management division. The report shall be transmitted to the subcommittees, the


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fiscal agencies, and the state budget office and posted to the department's website on or before April 1 of each year.

 

ENVIRONMENTAL STEWARDSHIP

Sec. 601. The funds appropriated in part 1 for environmental stewardship/MAEAP shall be used to support department agriculture pollution prevention programs, including groundwater and freshwater protection programs under part 87 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8701 to 324.8717, and technical assistance in implementing conservation grants available under the federal farm bill of 2018.

Sec. 602. The department shall report on the previous calendar year's activities of the environmental stewardship division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department's website on or before April 1 of each year.

Sec. 604. The department may receive and expend federal revenues up to a total of $1,000,000.00 in excess of the federal revenue appropriated in section 107 of part 1 for environmental stewardship and MAEAP activities. The department shall notify the subcommittees, the fiscal agencies, and the state budget office prior to expending federal revenues authorized under this section.

Sec. 608. (1) The appropriations in part 1 for the qualified forest program are for the purpose of increasing the knowledge of nonindustrial private forestland owners of sound forest management practices and increasing the amount of commercial timber production from those lands.

(2) The department shall work in partnership with stakeholder groups and other state and federal agencies to increase the active


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management of nonindustrial private forestland to foster the growth of Michigan's timber product industry.

 

LABORATORY PROGRAM

Sec. 651. The department shall report on the previous calendar year's activities of the laboratory division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department's website on or before April 1 of each year.

 

AGRICULTURE DEVELOPMENT

Sec. 701. (1) From the funds appropriated in part 1 for the food and agriculture investment program, the department shall establish and administer a food and agriculture investment program.

(2) The food and agriculture investment program shall expand the Michigan food and agriculture sector, grow Michigan exports, promote the development of value-added agricultural production, food hubs, food incubators, and community-based processing facilities, and the expansion of farm markets and urban agriculture, including promotion of hoop houses, and increase food processing activities within the state by accelerating projects and infrastructure development that support growth in the food and agriculture processing industry.

(3) In addition to the funds appropriated in part 1, the department may receive and expend funds received from outside sources for the food and agriculture investment program.

(4) Before the allocation of funding, all projects shall receive approval from the Michigan commission of agriculture and rural development, except for projects selected through a


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competitive process by a joint evaluation committee selected by the director and consisting of representatives that have agriculture, business, and economic development expertise. Projects funded through the food and agriculture investment program will be required to have a grant agreement that outlines milestones and activities that must be met in order to receive a disbursement of funds. Projects must also identify measurable project outcomes.

(5) The department shall include in the agriculture development annual report a report on the food and agriculture investment program for the previous fiscal year that includes a listing of the grantees, award amounts, match funding, project locations, and project outcomes.

(6) The food and agriculture investment program shall be administered by the department and provide support for food and agriculture projects that will enable growth in the industry and this state's economy.

(7) The unexpended funds appropriated in part 1 for the food and agriculture investment 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(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to promote and expand the Michigan food and agriculture sector, grow Michigan exports, and increase food processing activities within the state.

(b) The project will be funded in accordance with this section and the project guidelines approved by the Michigan commission of


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agriculture and rural development prior to an award.

(c) The estimated cost of this project is identified in the appropriation line item.

(d) The tentative completion date for the work project is September 30, 2024.

(8) The department may expend money from the funds appropriated in part 1 for the food and agriculture investment program, including all of the following activities:

(a) Grants.

(b) Loans or loan guarantees.

(c) Infrastructure development.

(d) Other economic assistance.

(e) Program administration.

(f) Export assistance.

(9) The department shall expend no more than 5% from the funds appropriated in part 1 for the food and agriculture investment program for administrative purposes.

Sec. 702. The department shall work with the rural development fund board to establish a process and criteria for funding projects as well as establishing metrics and measurable outcomes for the program. Funds appropriated from the rural development fund shall be used in accordance with the provisions of the rural development fund act, 2012 PA 411, MCL 286.941 to 286.947.

Sec. 703. (1) The department shall work with the department of health and human services to do all of the following:

(a) Notify recipients of food assistance program benefits that food assistance program benefits can be accessed at many farmer's markets in this state with bridge cards.

(b) Notify recipients of food assistance program benefits


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about the double up food bucks program that is administered by the fair food network. Food assistance program recipients shall receive information about the double up food bucks program, including information that explains that when program recipients spend up to $20.00 at participating farmer's markets and grocery stores, the recipient can receive an additional $20.00 to buy Michigan produce.

(2) The department shall work with the fair food network to expand access to the double up food bucks program in each of the state's counties with grocery stores or farmer's markets that meet the program's eligibility requirements.

(3) On or before March 1, 2022, the department shall submit a report on activities and outcomes of the double up food bucks program to the subcommittees and the fiscal agencies. The report shall contain all of the following:

(a) Counties in this state with participating double up food bucks vendors, the number of vendors by county, and the name and location of vendors, as of May 1, 2020.

(b) Counties in this state with participating double up food bucks vendors, the number of vendors by county, and the name of location of vendors, as of September 20, 2021. The report shall highlight counties and vendors added to the program since May 1, 2020.

(c) Number of individuals participating in the program, by county.

(d) A breakdown of program participation by county and by day of week.

(4) The report required under subsection (3) shall also include a discussion of program evaluation criteria, as well as recommendation of a reporting metric for tracking health outcomes


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of program participants.

Sec. 706. (1) The department shall report on the previous calendar year's activities of the agriculture development division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department's website on or before April 1 of each year.

(2) The report shall include the following information on any grants awarded during the prior fiscal year:

(a) The name of the grantee.

(b) The amount of the grant.

(c) The purpose of the grant, including measurable outcomes.

(d) Additional state, federal, private, or local funds contributed to the grant project.

(e) The completion date of grant-funded activities.

(3) The report shall include the following information on the Michigan craft beverage council established under section 303 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1303:

(a) Council activities and accomplishments for the previous fiscal year.

(b) Council expenditures for the previous fiscal year by category of administration, industry support, research and education grants, and promotion and consumer education.

(c) Grants awarded during the previous fiscal year and the results of research grant projects completed during the previous fiscal year.

 

FAIRS  EXPOSITIONSAND

Sec. 801. All appropriations from the agriculture equine industry development fund shall be spent on equine-related


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purposes. No funds from the agriculture equine industry development fund shall be expended for nonequine-related purposes without prior approval of the legislature.

Sec. 802. From the funds appropriated in part 1 from agriculture equine industry development funds, available revenue shall be allocated in the following priority order:

(a) To support all administrative, contractual, and regulatory costs incurred by the department and the Michigan gaming control board.

(b) Up to $495,000.00 shall be allocated to the purses and supplements – fairs/licensed tracks line item.

(c) Any remaining funds collected through September 30, 2021, after the obligations in subdivisions (a) and (b) have been met, shall be prorated equally among the supplements, breeders' awards, and sire stakes awards to eligible race meeting licensees in accordance with section 20 of the horse racing law of 1995, 1995 PA 279, MCL 431.320.

Sec. 805. (1) The department shall establish and administer a county fairs, shows, and expositions grant program. The program shall have the following objectives:

(a) Assist in the promotion of building improvements or other capital improvements at county fairgrounds of this state.

(b) Provide financial support, promotion, prizes, and premiums of equine, livestock, and other agricultural commodity expositions in this state.

(2) The department shall award grants on a competitive basis to county fairs or other organizations from the funds appropriated in part 1 for county fairs, shows, and expositions grants. Grantees will be required to provide a 50% cash match with grant awards and


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identify measurable project outcomes. A county fair organization that received a county fair capital improvement grant in the prior fiscal year shall not receive a grant from the appropriation in part 1.

(3) From the amount appropriated in part 1 for county fairs, shows, and expositions, up to $25,000.00 shall be expended for the purpose of financial support, promotion, prizes, and premiums of equine, livestock, and other agricultural commodity expositions in this state, and festivals.

(4) All fairs receiving grants under this section shall provide a report to the department on the financial impact resulting from the capital improvement project on both fair and nonfair events. These reports are due for 3 years immediately following the completion of the capital improvement project.

(5) The department shall identify criteria, evaluate applications, and provide recommendations to the director for final approval of grant awards.

(6) The department may expend money from the funds appropriated in part 1 for the county fairs, shows, and expositions grants for administering the program.

(7) The unexpended portion of the county fairs, shows, and expositions grants is considered a work project appropriation in accordance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a. The following apply to the project:

(a) The purpose of the project is to support building improvements or other capital improvements at county fairgrounds of this state.

(b) All grants will be distributed in accordance with this section and the grant guidelines published prior to the request for


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proposals.

(c) The estimated cost of the project is identified in the appropriation line item.

(d) The tentative completion date for the work project is September 30, 2024.

(8) The department shall provide a year-end report on the county fairs, shows, and expositions grants no later than December 1, 2022 to the subcommittees, the fiscal agencies, and the state budget director that includes a listing of the grantees, award amounts, match funding, and project outcomes.