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, 2023, from the following funds:

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
APPROPRIATION SUMMARY

Full-time equated unclassified positions	6.0
Full-time equated classified positions	1,461.0
GROSS APPROPRIATION		$	965,296,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers			3,406,400
ADJUSTED GROSS APPROPRIATION		$	961,890,000
Federal revenues:
Total federal revenues			526,566,700
Special revenue funds:
Total local revenues			0
Total private revenues			1,415,500
Total other state restricted revenues			327,354,900
State general fund/general purpose		$	106,552,900
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions	6.0
Full-time equated classified positions	101.0
Unclassified salaries--FTEs	6.0	$	900,700
Accounting service center			1,463,500
Administrative hearings officers			926,600
Environmental investigations--FTEs	12.0		2,013,700
Environmental support--FTEs	56.0		8,786,800
Environmental support projects			6,000,000
Executive direction--FTEs	20.0		3,465,300
Facilities management			1,000,000
Financial support--FTEs	13.0		2,735,800
Property management			8,573,500

GROSS APPROPRIATION	$	35,865,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police		84,000
IDG from state transportation department		119,700
Federal revenues:
Federal funds		767,000
Special revenue funds:
Private funds		750,400
Air emissions fees		952,300
Aquatic nuisance control fund		86,100
Campground fund		29,000
Cleanup and redevelopment fund		2,120,500
Electronic waste recycling fund		42,400
Environmental education fund		196,400
Environmental pollution prevention fund		570,200
Fees and collections		24,400
Financial instruments		8,639,300
Great Lakes protection fund		554,200
Groundwater discharge permit fees		136,500
Infrastructure construction fund		5,400
Laboratory services fees		562,500
Land and water permit fees		218,300
Medical waste emergency response fund		42,400
Metallic mining surveillance fee revenue		11,000
Mineral well regulatory fee revenue		11,000
Nonferrous metallic mineral surveillance		49,200
NPDES fees		396,400

Oil and gas regulatory fund			806,800
Orphan well fund			95,100
Public swimming pool fund			58,800
Public utility assessments			736,300
Public water supply fees			417,800
Refined petroleum fund			3,416,900
Renew Michigan fund			2,985,100
Sand extraction fee revenue			10,900
Scrap tire regulatory fund			229,200
Septage waste program fund			47,900
Settlement funds			1,000,000
Sewage sludge land application fees			78,400
Soil erosion and sedimentation control training fund			13,500
Solid waste management fund - staff account			1,099,900
Stormwater permit fees			198,700
Strategic water quality initiatives fund			111,100
Underground storage tank cleanup fund			264,500
Wastewater operator training fees			49,300
Water pollution control revolving fund			58,500
Water use reporting fees			23,100
State general fund/general purpose		$	7,795,500
Sec. 103. WATER RESOURCES DIVISION
Full-time equated classified positions	381.0
Aquatic nuisance control program--FTEs	6.0	$	982,200
Coastal management grants--FTEs	7.0		2,534,800
Expedited water/wastewater permits--FTE	1.0		52,400

Federal - Great Lakes remedial action plan grants			583,800
Federal - nonpoint source water pollution grants			4,083,300
Fish contaminant monitoring			316,100
Great Lakes restoration initiative--FTEs	9.0		11,239,900
Groundwater discharge permit program--FTEs	22.0		3,419,600
Land and water interface permit programs--FTEs	119.0		18,285,200
Nonpoint source pollution prevention and control project program			2,000,000
NPDES nonstormwater program--FTEs	98.0		15,558,400
Program direction and project assistance--FTEs	27.0		3,325,300
Sewage sludge land application program--FTEs	7.0		903,400
Stormwater activities--FTEs	27.5		5,832,100
Surface water--FTEs	52.5		9,009,100
Technology advancements for water monitoring			500,000
Water quality protection grants			100,000
Water withdrawal assessment program--FTEs	5.0		863,800
Wetlands program			1,021,200
GROSS APPROPRIATION		$	80,610,600
Appropriated from:
Interdepartmental grant revenues:
IDG from state transportation department			1,363,900
Federal revenues:
Federal funds			34,607,700
Special revenue funds:
Aquatic nuisance control fund			982,200

Clean Michigan initiative fund - clean water fund			2,617,100
Clean Michigan initiative fund - nonpoint source			2,000,000
Environmental response fund			590,000
Groundwater discharge permit fees			1,521,100
Infrastructure construction fund			52,400
Land and water permit fees			2,445,100
NPDES fees			4,384,500
Refined petroleum fund			456,000
Sewage sludge land application fees			905,200
Soil erosion and sedimentation control training fund			142,300
Stormwater permit fees			2,291,300
Wastewater operator training fees			311,400
Water pollution control revolving fund			151,600
Water quality protection fund			100,000
Water use reporting fees			262,200
State general fund/general purpose		$	25,426,600
Sec. 104. AIR QUALITY DIVISION
Full-time equated classified positions	187.0
Air quality programs--FTEs	187.0	$	31,046,800
GROSS APPROPRIATION		$	31,046,800
Appropriated from:
Federal revenues:
Federal funds			7,663,900
Special revenue funds:
Air emissions fees			10,701,200

Fees and collections			213,400
Oil and gas regulatory fund			147,600
Public utility assessments			150,000
Refined petroleum fund			3,841,000
State general fund/general purpose		$	8,329,700
Sec. 105. REMEDIATION AND REDEVELOPMENT DIVISION
Full-time equated classified positions	311.0
Brownfield grants		$	1,100,000
Contaminated site investigations, cleanup and revitalization--FTEs	130.0		21,944,100
Emergency cleanup actions			2,000,000
Environmental cleanup and redevelopment program			27,600,000
Environmental cleanup support			1,000,000
Federal cleanup project management--FTEs	40.0		7,387,100
Laboratory services--FTEs	42.0		8,535,700
Refined petroleum product cleanup program--FTEs	99.0		35,386,000
Superfund cleanup			11,000,000
GROSS APPROPRIATION		$	115,952,900
Appropriated from:
Federal revenues:
Federal funds			16,616,200
Special revenue funds:
Brownfield development fund			1,100,000
Cleanup and redevelopment fund			54,722,700
Environmental response fund			1,442,100
Laboratory services fees			8,208,000
Public water supply fees			327,700
Refined petroleum fund			33,241,600

State general fund/general purpose		$	294,600
Sec. 106. UNDERGROUND STORAGE TANK AUTHORITY
Full-time equated classified positions	8.0
Underground storage tank cleanup program--FTEs	8.0	$	20,098,000
GROSS APPROPRIATION		$	20,098,000
Appropriated from:
Special revenue funds:
Underground storage tank cleanup fund			20,098,000
State general fund/general purpose		$	0
Sec. 107. RENEWING MICHIGAN'S ENVIRONMENT
Full-time equated classified positions	131.0
Information management--FTEs	20.0	$	5,652,200
Renewing Michigan's environment program--FTEs	111.0		70,255,200
GROSS APPROPRIATION		$	75,907,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police			6,100
IDG from state transportation department			6,100
Federal revenues:
Federal funds			5,800
Special revenue funds:
Private funds			1,100
Air emissions fees			63,200
Aquatic nuisance control fund			4,200
Campground fund			1,100
Cleanup and redevelopment fund			137,700
Electronic waste recycling fund			1,100
Environmental education fund			200

Environmental pollution prevention fund			35,300
Fees and collections			1,100
Financial instruments			242,700
Great Lakes protection fund			1,100
Groundwater discharge permit fees			10,300
Laboratory services fees			35,300
Land and water permit fees			13,700
Medical waste emergency response fund			1,100
Nonferrous metallic mineral surveillance			2,700
NPDES fees			24,000
Oil and gas regulatory fund			50,400
Orphan well fund			6,100
Public swimming pool fund			1,200
Public utility assessments			1,100
Public water supply fees			25,800
Refined petroleum fund			217,100
Renew Michigan fund			70,438,300
Scrap tire regulatory fund			13,700
Septage waste program fund			1,100
Sewage sludge land application fees			4,200
Soil erosion and sedimentation control training fund			200
Solid waste management fund - staff account			69,100
Stormwater permit fees			11,800
Strategic water quality initiatives fund			6,100
Underground storage tank cleanup fund			15,400
Wastewater operator training fees			2,700
Water pollution control revolving fund			2,700

Water use reporting fees		1,100
State general fund/general purpose	$	4,445,400
Sec. 108. INFORMATION TECHNOLOGY
Information technology services and projects	$	9,239,200
GROSS APPROPRIATION	$	9,239,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police		24,300
IDG from state transportation department		35,000
Federal revenues:
Federal funds		1,799,600
Special revenue funds:
Private funds		14,500
Air emissions fees		277,400
Aquatic nuisance control fund		25,100
Campground fund		8,400
Cleanup and redevelopment fund		621,800
Electronic waste recycling fund		12,200
Environmental education fund		4,600
Environmental pollution prevention fund		158,800
Fees and collections		6,100
Financial instruments		1,098,500
Great Lakes protection fund		13,700
Groundwater discharge permit fees		39,500
Infrastructure construction fund		1,500
Laboratory services fees		164,900
Land and water permit fees		63,100
Medical waste emergency response fund		12,200

Metallic mining surveillance fee revenue			3,000
Mineral well regulatory fee revenue			3,000
Nonferrous metallic mineral surveillance			14,500
NPDES fees			116,200
Oil and gas regulatory fund			234,000
Orphan well fund			28,100
Public swimming pool fund			16,700
Public utility assessments			12,200
Public water supply fees			123,100
Refined petroleum fund			1,009,300
Renew Michigan fund			876,300
Sand extraction fee revenue			3,000
Scrap tire regulatory fund			66,900
Septage waste program fund			13,700
Sewage sludge land application fees			22,800
Soil erosion and sedimentation control training fund			3,800
Solid waste management fund - staff account			323,700
Stormwater permit fees			58,500
Strategic water quality initiatives fund			32,700
Underground storage tank cleanup fund			77,500
Wastewater operator training fees			14,500
Water pollution control revolving fund			18,400
Water use reporting fees			6,900
State general fund/general purpose		$	1,779,200
Sec. 109. DRINKING WATER AND ENVIRONMENTAL HEALTH
Full-time equated classified positions	135.0

Drinking water and environmental health--FTEs	134.0	$	22,814,100
Drinking water program grants			830,000
Lead line replacement--FTE	1.0		196,600
Noncommunity water grants			1,905,700
Septage waste compliance grants			125,000
GROSS APPROPRIATION		$	25,871,400
Appropriated from:
Federal revenues:
Federal funds			13,652,100
Special revenue funds:
Campground fund			311,300
Fees and collections			34,500
Public swimming pool fund			641,800
Public water supply fees			4,393,500
Refined petroleum fund			761,100
Septage waste program fund			601,200
Wastewater operator training fees			264,800
State general fund/general purpose		$	5,211,100
Sec. 110. MATERIALS MANAGEMENT DIVISION
Full-time equated classified positions	129.0
Energy efficiency revolving fund		$	7,200,000
Environmental sustainability and stewardship--FTEs	11.0		22,048,900
Hazardous waste management program--FTEs	45.0		6,248,100
Low-level radioactive waste authority--FTEs	2.0		248,300
Medical waste program--FTEs	2.0		325,700
Pollution prevention--FTEs	7.0		2,330,800
Radiological protection program--FTEs	12.0		2,035,900

Recycling initiative--FTEs	3.0		1,046,400
Scrap tire grants			3,500,000
Scrap tire regulatory program--FTEs	10.0		1,388,600
Solid waste management program--FTEs	37.0		6,771,400
GROSS APPROPRIATION		$	53,144,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police			1,544,200
Federal revenues:
Federal funds			7,204,800
Infrastructure investment and jobs act fund			23,000,000
Special revenue funds:
Private funds			649,500
Cleanup and redevelopment fund			1,046,400
Coal ash care fund			262,300
Community pollution prevention fund			250,000
Electronic waste recycling fund			325,200
Energy efficiency and renewable energy revolving loan fund			250,100
Environmental pollution prevention fund			4,063,300
Medical waste emergency response fund			325,700
Public utility assessments			1,796,400
Retired engineers technical assistance program fund			491,200
Scrap tire regulatory fund			4,888,600
Small business pollution prevention revolving loan fund			134,400
Solid waste management fund - staff account			6,183,900

Technologically enhanced naturally occurring radioactive material			453,100
State general fund/general purpose		$	275,000
Sec. 111. OIL, GAS, AND MINERALS DIVISION
Full-time equated classified positions	59.0
Oil, gas, and mineral services--FTEs	59.0	$	42,838,800
GROSS APPROPRIATION		$	42,838,800
Appropriated from:
Interdepartmental grant revenues:
IDG from department of licensing and regulatory affairs			223,100
Federal revenues:
Federal funds			153,100
Infrastructure investment and jobs act fund			31,000,000
Special revenue funds:
Metallic mining surveillance fee revenue			92,500
Mineral well regulatory fee revenue			214,000
Native copper mine fund			50,000
Nonferrous metallic mineral surveillance			376,900
Oil and gas regulatory fund			3,803,400
Orphan well fund			2,341,700
Sand extraction fee revenue			88,400
State general fund/general purpose		$	4,495,700
Sec. 112. WATER INFRASTRUCTURE
Full-time equated classified positions	19.0
Municipal assistance--FTEs	19.0	$	5,125,300
Water state revolving funds			334,000,000
GROSS APPROPRIATION		$	339,125,300

Appropriated from:
Federal revenues:
Federal funds		103,171,500
Infrastructure investment and jobs act fund		214,000,000
Special revenue funds:
Revolving loan revenue bonds		15,000,000
Strategic water quality initiatives fund		1,226,600
Water pollution control revolving fund		727,200
State general fund/general purpose	$	5,000,000
Sec. 113. ONE-TIME APPROPRIATIONS
ARP – Contaminated site cleanup	$	25,000,000
ARP - drilling studies		32,500,000
ARP - geological data collection		5,000,000
ARP - geophysical studies		3,125,000
ARP - integrity monitoring		3,300,000
ARP - monitoring wells		4,000,000
Dam safety emergency action fund		15,000,000
Dam safety grant program		15,000,000
Disposal of firefighting foam containing PFAS		500,000
Geological data collection		12,000,000
Inland aquatic invasive plant species and eradication program		100
Refined petroleum product cleanup program		19,170,900
Title 5 air fees - air quality programs		1,000,000
GROSS APPROPRIATION	$	135,596,000
Appropriated from:
Federal revenues:
Coronavirus state fiscal recovery fund		72,925,000

Special revenue funds:
Refined petroleum fund		19,170,900
State general fund/general purpose	$	43,500,100

part 2

provisions concerning appropriations

for fiscal year 2022-2023

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 the fiscal year 2022-2023 is $433,907,800.00 and state spending from state sources to be paid to local units of government for the fiscal year 2022-2023 is $54,146,000.00. 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	$	1,000,000
Drinking water and environmental health		400,000
Emergency cleanup actions		116,000
Environmental sustainability and stewardship		100,000
Medical waste program		70,000
Noncommunity water grants		2,000,000
Pollution prevention		200,000
Refined petroleum product cleanup program		5,000,000
Renewing Michigan's environment program		20,000,000
Scrap tire grants		1,000,000
Septage waste compliance grants		130,000

Surface water		200,000
Technology advancements for water monitoring		500,000
TOTAL	$	30,716,000

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.

(d) "IDG" means interdepartmental grant.

(e) "NPDES" means the national pollutant discharge elimination

system.

Sec. 204. The department 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, or it shall include placement of reports on an internet site.

Sec. 205. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261, all of the following apply to funds appropriated in part 1:

(a) The funds must 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.

(b) Preference must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.

(c) Preference must 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. The department 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 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 total 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 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 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. 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 the department:

(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 chairpersons of the senate and house appropriations committees, the chairpersons of the senate and house appropriations subcommittees on natural resources and environment, Great Lakes, and energy, 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 prior 2 fiscal years.

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 department's performance.

Sec. 214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2023 are estimated at $34,914,100.00. From this amount, total department appropriations for pension-related legacy costs are estimated at $21,197,400.00. Total agency appropriations for retiree health care legacy costs are estimated at $13,716,700.00.

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 environment, Great Lakes, and energy, 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 March 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 environment, Great Lakes, and energy, and the senate and house fiscal agencies the following information:

(a) Number of employees that were engaged in remote work in 2022.

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

(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 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 and house subcommittees on natural resources, 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 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, 2022 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2022.

(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. (1) Any department, agency, board, commission, or public officer that receives funding under part 1 shall not:

(a) Require as a condition of accessing any facility or receiving services that an individual provide proof that he or she has received a COVID-19 vaccine except as provided by federal law or as a condition of receiving federal Medicare or Medicaid funding.

(b) Produce, develop, issue, or require a COVID-19 vaccine passport.

(c) Develop a database or make any existing database publicly available to access an individual's COVID-19 vaccine status by any person, company, or governmental entity.

(d) Require as a condition of employment that an employee or official provide proof that he or she has received a COVID-19 vaccine. This subdivision does not apply to any hospital, congregate care facility, or other medical facility or any hospital, congregate care facility, or other medical facility operated by a local subdivision that receives federal Medicare or Medicaid funding.

(2) A department, agency, board, commission, or public officer may not subject any individual to any negative employment consequence, retaliation, or retribution because of that individual's COVID-19 vaccine status.

(3) Subsection (1) does not prohibit any person, department, agency, board, commission, or public officer from transmitting proof of an individual's COVID-19 vaccine status to any person, company, or governmental entity, so long as the individual provides affirmative consent.

(4) If a department, agency, board, commission, subdivision, or official or public officer is required to establish a vaccine policy due to a federal mandate, it must provide exemptions to any COVID-19 vaccine policy to the following individuals:

(a) An individual for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the individual's health or is not appropriate.

(b) An individual who provides a written statement to the effect that the requirements of the COVID-19 vaccine policy cannot be met because of religious convictions or other consistently held objection to immunization.

(5) As used in this section, "public officer" means a person appointed by the governor or another executive department official or an elected or appointed official of this state or a political subdivision of this state.

Sec. 223. (1) The department may expend amounts remaining from the current and prior fiscal year appropriations to meet funding needs of the environmental cleanup and redevelopment program, contaminated site cleanup, the renew Michigan 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 clean Michigan initiative fund - response activities contained in 2011 PA 63, 2013 PA 59, 2014 PA 252, 2015 PA 84, 2016 PA 268, and 2017 PA 107, are appropriated for expenditure.

(3) Unexpended and unencumbered amounts remaining from appropriations from the refined petroleum fund activities contained in 2013 PA 59, 2014 PA 252, 2015 PA 84, 2016 PA 268, 2017 PA 107, 2018 PA 207, 2019 PA 57, 2020 PA 166, and 2021 PA 87, are appropriated for expenditure.

(4) 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 appropriated for expenditure.

(5) For the strategic water quality initiatives fund, funds not yet disbursed are appropriated for expenditure for the same program under sections 5201, 5202, and 5204e of the natural resources and environmental protection act, 1994 PA 451, MCL 324.5201, 324.5202, and 324.5204e.

(6) Unexpended and unencumbered amounts remaining from the appropriations from the renew Michigan fund contained in 2018 PA 207, 2019 PA 57, 2020 PA 166, and 2021 PA 87, are appropriated for expenditure.

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 $250,000.00.

Sec. 225. (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. 235. (1) Each quarter, the department shall prepare a report that contains information pertaining to all remediation and redevelopment efforts funded from part 1.

(2) The report must contain the following information:

(a) List of sites where work is planned to occur, including the county for each site.

(b) The type of site, whether refined petroleum cleanup, nonrefined petroleum cleanup, brownfield, or a combination of types.

(d) The estimated date for project completion.

(e) The amount and funding source or sources allocated to the site.

(3) The report shall be submitted to the house and senate subcommittees on the environment, Great Lakes, and energy and the

state budget director.

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.

(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.

Sec. 238. By February 1, 2023, the department shall submit a report to the standing committees and appropriations subcommittees of the senate and house of representatives with primary responsibility for issues under the jurisdiction of the department that details departmental activities of the most recent fiscal year in administering permitting programs. The report shall include, at a minimum, all of the following:

(a) The number of FTEs assigned to each permitting program and the number of unfilled positions at the beginning and end of the most recent fiscal year.

(b) The number of permit applications received by the department in the preceding year, including applications for new and increased uses and reissuances.

(d) The number of permits for each program denied.

(e) The percentage and number of permit applications that were reviewed for administrative completeness within statutory time frames.

(f) The percentage and number of permit applications for which a final action was taken by the department within statutory time frames for new and increased uses and reissuances.

(g) Activities to reduce any backlog of permits exceeding the statutory time frames and the average time frame for permit approvals for each program.

(h) Activities to reduce the percentage of permit applications submitted as incomplete, in need of modification, or additional information before final determination.

(i) Under conditions in which the department states a permit is incomplete or denied, the department shall provide an explanation as to the reason or reasons the permit is insufficient and how the permit can be strengthened or made complete.

Sec. 239. The department should accommodate landowner permit requests to the furthest extent possible in accordance with the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106.

Sec. 240. A state department, agency, board, or commission that receives funding under part 1 shall not permit a state employee who was not working remotely, either full-time or part-time, before February 28, 2020 to work remotely, either full-time

or part-time, during the current fiscal year.

Sec. 241. Rules and regulations established by the department shall not be more stringent than comparable rules and regulations established at the federal level.

Sec. 242. When a facility, as defined in section 20101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20101, is identified, when remedial action is completed, and when the site is redeveloped, within 72 hours the department shall notify the senate and house members within whose district the site is located and the local health department were the site is located.

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 3% for administrative costs.

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. 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.

Sec. 308. The unexpended funds appropriated in part 1 for brownfield grants, emergency cleanup actions, environmental 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.

(d) The tentative completion date is September 30, 2027.

Sec. 310. (1) Upon approval by the state budget director, the department may expend from the general fund of the state 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.

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

(2) Upon the sale of bonds for projects described in

subsection (1), the department shall credit the general fund of the state an amount equal to that expended from the general fund.

Sec. 314. The department is encouraged to perform remedial actions as defined in section 20101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20101, in geographically proximate areas when possible.

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 4.0 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, 2022.

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 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, MCL 18.1451a:

(a) The purpose of the project is to provide underground storage tank cleanup.

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

(d) The tentative completion date is September 30, 2027.

RENEWING MICHIGAN'S ENVIRONMENT

Sec. 801. The unexpended funds appropriated in part 1 for the renewing Michigan's environment 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, MCL 18.1451a:

(a) The purpose of the project is for environmental cleanup and redevelopment, waste management, and recycling.

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

(d) The tentative completion date is September 30, 2027.

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 a report to the appropriations subcommittees, the fiscal agencies, and the state budget office by February 1, 2024 of the expenditures incurred under this section during the fiscal year ending September 30, 2023.

WATER INFRASTRUCTURE

Sec. 950. From the funds appropriated in part 1 for water state revolving funds, the department shall allow funding applicants to do the following:

(a) Contract for digital and smart water programs to optimize water pumping operations, predict water quality issues, monitor real-time water pressure for boiled water alerts, manage high consumption usage and water loss accounting, rain heatmaps, detect

sewer blockages, and monitor lift stations to avoid flooding and intelligent automation of water asset risk scoring and capital planning.

(b) Include dam projects in applications for funding.

ONE-TIME APPROPRIATIONS

Sec. 1001. (1) Funds appropriated in part 1 for ARP – drilling studies must be used to conduct bedrock drilling to garner raw data that will depict water availability, aggregate location, and PFAS. This state's competitive bidding process must be followed for selection of professional drilling services. Drilling services must be subject to integrity monitoring as described in section 1003. Drilling studies must be conducted in the following counties, in an order prioritized by the state geologist, the Michigan geological survey, and the technical review committee established under section 1008.

(a) Montcalm.

(b) Ottawa.

(d) Jackson.

(e) Branch.

(f) Cass.

(g) Washtenaw.

(h) Oakland.

(i) Ionia.

(j) Van Buren.

(k) Hillsdale.

(l) Gratiot.

(m) Isabella.

(n) Monroe.

(o) Livingston.

(p) Charlevoix.

(q) Macomb.

(r) Lapeer.

(s) Shiawassee.

(t) Delta.

(u) Newago.

(v) Ingham.

(w) Lake.

(x) Lenawee.

(y) Manistee.

(2) Funds appropriated in part 1 for ARP – drilling studies may be used to conduct drilling to the bedrock in locations other than those listed in subsection (1) that contain critical minerals needed for this nation's green economy, if funding is available.

(3) The unexpended funds appropriated in part 1 for ARP - drilling studies are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for the project under this section until the project has 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 conduct drilling to the bedrock to garner raw data that will depict water availability, aggregate location, and PFAS.

(b) The project will be accomplished by utilizing the Michigan

geological survey, state employees, and contracts with private vendors.

(d) The tentative completion date is September 30, 2027.

(4) As used in this section, "PFAS" means a perfluoroalkyl or polyfluoroalkyl substance.

Sec. 1002. (1) Funds appropriated in part 1 for ARP – geological data collection must be allocated to the Michigan geological survey to conduct data collection and mapping of data obtained from bedrock drilling under section 1001. Data collected under this section must be made available to the public, and the data and mapping must be applied to a standardized groundwater database. Mapping must be subject to integrity monitoring as described in section 1003.

(2) The unexpended funds appropriated in part 1 for ARP - geological data collection are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for the project under this section until the project has 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 conduct data collection and mapping of data obtained from bedrock drilling.

(b) The project will be accomplished by utilizing the Michigan geological survey, state employees, and contracts with private vendors.

(d) The tentative completion date is September 30, 2027.

Sec. 1003. (1) Funds appropriated in part 1 for ARP –

integrity monitoring must be used to contract with an integrity oversight monitor to ensure legal compliance, detect misconduct, and promote best practices in the expenditure of ARP and geological-related funds appropriated under section 113. The integrity oversight monitor must supplement this state's existing compliance control mechanisms to prevent the inefficient expenditure of state funds.

(2) The integrity oversight monitor must be selected from a list of 1 or more integrity oversight monitors created and maintained by the department of technology, management, and budget.

(3) A person may not interfere with, prevent, or prohibit the integrity oversight monitor from carrying out its duties as established in this section.

(4) The department must give the integrity oversight monitor any necessary assistance required by the integrity oversight monitor in the performance of the duties of the integrity oversight monitor.

(5) The integrity oversight monitor must communicate with and coordinate its activities with the auditor general and office of internal audit services to ensure against any duplication of efforts.

(6) The integrity oversight monitor must annually provide a detailed report to the senate and house of representatives appropriations subcommittees on environment, Great Lakes, and energy, the senate and house of representatives fiscal agencies, and the state budget office. The report must include all of the following:

(a) Details of the integrity oversight monitor's services for the current fiscal year.

(b) Details of findings of malfeasance or inefficiency.

(7) The unexpended funds appropriated in part 1 for ARP – integrity monitoring are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for the project under this section until the project has 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 contract with an integrity oversight monitor to ensure legal compliance, detect misconduct, and promote best practices in the expenditure of ARP and geological-related funds appropriated under section 113.

(b) The project will be accomplished by contracting with an integrity oversight monitor.

(d) The tentative completion date is September 30, 2027.

(8) As used in this section, "integrity oversight monitor" means a private entity that contracts to provide specialized services to ensure legal compliance, detect misconduct, and promote best practices in the administration of geological, geophysical, and hydrogeological projects, and whose services may include, but are not limited to, all of the following:

(a) Legal.

(b) Investigative.

(d) Engineering.

(e) Other professional specialties.

(f) Risk assessment.

(g) Developing compliance system constructs.

(h) Loss prevention.

(i) Monitoring.

(j) Contract managers.

(k) Independent private inspectors general.

Sec. 1004. (1) Funds appropriated in part 1 for ARP – monitoring wells must be used to install monitoring wells in all of the following counties:

(a) Barry.

(b) Berrien.

(d) Cass.

(e) St. Joseph.

(f) Ottawa.

(g) Allegan.

(h) Kalamazoo.

(i) Remaining counties as prioritized by the Michigan geological survey, the state geologist, and the technical review committee established under section 1008.

(2) This state's competitive bidding process must be followed for installment of monitoring wells. Monitoring well installment must be subject to integrity monitoring as described in section 1003.

(3) The unexpended funds appropriated in part 1 for ARP – monitoring wells are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for the project under this section until the project has 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 install monitoring wells.

(b) The project will be accomplished by utilizing the Michigan geological survey, state employees, and contracts with private vendors.

(d) The tentative completion date is September 30, 2027.

Sec. 1005. (1) Funds appropriated in part 1 for ARP – geophysical studies may be used in conjunction with funds appropriated in part 1 for ARP - drilling studies to yield a more enhanced 3-dimensional profile for areas studied under section 1001. Services may include 2-dimensional electrical earth resistivity profiling, ground penetrating radar, P-wave seismic reflection profiling, S-wave seismic reflection profiling, multichannel analysis, horizontal vertical spectra ratio (HVSR – passive seismic), and downhole gamma logging. This state's competitive bidding process must be followed for selection of professional geophysical services through either private vendors or Michigan universities. Drilling services must be subject to integrity monitoring as described in section 1003.

(2) The unexpended funds appropriated in part 1 for ARP – geophysical studies are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for the project under this section until the project has 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 yield a more enhanced 3-dimensional profile for areas studied under section 1001.

(b) The project will be accomplished by utilizing the Michigan geological survey, state employees, and contracts with private vendors.

(d) The tentative completion date is September 30, 2027.

Sec. 1007. (1) Funds appropriated in part 1 for geological data collection must be allocated to the Michigan geological survey to conduct data collection and mapping of data obtained from drilling under section 1001. Data collected under this section must be made available to the public, and the data and mapping must be applied to a standardized groundwater database. Mapping must be subject to integrity monitoring as described in section 1003.

(2) The unexpended funds appropriated in part 1 for geological data collection are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for the project under this section until the project has 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 conduct data collection and mapping of data obtained from drilling.

(b) The project will be accomplished by utilizing the Michigan geological survey, Michigan universities, and contracts with private vendors.

(d) The tentative completion date is September 30, 2027.

Sec. 1008. (1) From the ARP and geological-related funds appropriated under section 113, a technical review committee must be established to recommend and review all methods, mapping

protocols, and study processes to meet United States Geological Survey standards and protocols. The technical review committee must review contract labor and request for proposal notices and bid awards. The technical review committee shall be under direction of the state hydrogeologist and the director of the Michigan geological survey. The technical review committee must include all of the following members:

(a) The state geologist.

(b) The state hydrogeologist.

(d) Two independent geologists, 1 of whom shall be the president of Strata Environmental Services, Inc.

(e) The president of the American Hydrogeology Corporation.

(f) Two private industry aggregate experts, 1 being the owner/geologist of Bill Langer Research Geologist, LLC and 1 being the certified professional geologist of Pangea Environments, LLC.

(g) One individual who serves under a joint agreement between Michigan State University Extension and Purdue Extension to provide leadership and education to irrigated crop producers in this state and Indiana.

(h) The deputy director of the Upper Midwest Water Science Center of the United States Geological Survey.

(i) The project chief for the United States Geological Survey's Great Lakes Geologic Mapping Project.

(j) The water use assessment unit supervisor for the department of environment, Great Lakes, and energy.

(k) The source water unit supervisor for the department of environment, Great Lakes, and energy.

(l) The chair of the Michigan agriculture environmental

assurance program advisory council cropping system sub-committee.

(m) The president of the Michigan Agri-Business Association.

(n) The manager of the Michigan Farm Bureau's Agricultural Ecology Department.

(o) A representative of the Michigan Association of Counties.

(2) Each member of the technical review committee shall receive, as full compensation for the member's services on the committee, a per diem to be fixed at $50.00, together with mileage and necessary expenses incurred in the performance of their official duties in accordance with rates established by the latest edition of the standard travel regulations of this state.

Sec. 1009. (1) From the funds appropriated in part 1 for the dam safety grant program, the department shall award grants for dam repair, alteration, or removal activities necessary to address risk associated with publicly or privately owned dams. Grant applications for repair or alteration must include an asset management plan for each dam included in the application.

(2) By December 31, the department shall prepare a report regarding the activities of the dam safety grant program to be posted on the department's website and provided to the relevant house and senate standing committees and appropriations subcommittees. The report shall contain all of the following information:

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

(b) A list of dams awarded grants, including their location, name of the owner, and description of the action or actions taken.

(3) The first-year report must include information on establishment of the grant program and progress toward award.

Sec. 1010. (1) The funds appropriated in part 1 for the dam safety emergency action fund may be expended by the department to take remedial or corrective action to address significant safety risks posed by dams should the dam owner be unwilling or unable to take remedial or corrective action.

(2) By December 31 annually, the department shall prepare a report to be posted on the department's website and provided to the relevant house and senate standing committees and appropriations subcommittees. The report shall contain all of the following information:

(a) The starting and ending balances of the fund.

(b) A list of the dams that required emergency action from the fund, including their location, name of the owner of each dam, description of the action or actions taken at each dam, and the total expenditure at each dam.

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

Sec. 1011. Unless otherwise specified through statute or rule, previous grant awards shall not be used to disqualify applicants from consideration of grant funding opportunities for any grant program offered through the department or made from the funds appropriated in part 1.