Act No. 275
Public Acts of 2000
Approved by the Governor
July 7, 2000
Filed with the Secretary of State
July 10, 2000
EFFECTIVE DATE: July 10, 2000
STATE OF MICHIGAN
90TH LEGISLATURE
REGULAR SESSION OF 2000
Introduced by Reps. Byl, Pappageorge, Cameron Brown, Mortimer, LaSata, Pumford, Geiger, Mead, Kukuk, Jellema, Jelinek, Caul, Scranton, Godchaux, Jansen and Stamas
ENROLLED HOUSE BILL No. 5276
AN ACT to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2001; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.
The People of the State of Michigan enact:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the department of environmental quality for the fiscal year ending September 30, 2001, from the funds indicated in this part. The following is a summary of the appropriations in this part:
DEPARTMENT OF ENVIRONMENTAL QUALITY
APPROPRIATION SUMMARY:
Full-time equated unclassified positions 6.0
Full-time equated classified positions 1,631.7
GROSS APPROPRIATION $ 409,510,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 17,511,700
ADJUSTED GROSS APPROPRIATION $ 391,999,100
Federal revenues:
Total federal revenues 129,737,500
Special revenue funds:
Total local revenues 1,103,900
Total private revenues 419,900
Total other state restricted revenues 160,831,600
State general fund/general purpose $ 99,906,200
FUND SOURCE SUMMARY:
GROSS APPROPRIATION $ 409,510,800
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund 855,700
IDG-MDSP 609,400
IDG-MDCH, local public health operations $ 10,267,200
IDT, interdivisional charges 5,779,400
Total interdepartmental grants and intradepartmental transfers 17,511,700
ADJUSTED GROSS APPROPRIATION $ 391,999,100
Federal revenues:
DOC, federal 1,500,000
DOC-NOAA, federal 1,547,700
DOD, federal 850,600
DOI, federal 51,300
DOI-USGS, federal 101,300
DOI-OSMRE, federal 303,700
EPA, federal 25,137,500
EPA-GWDW 3,715,600
EPA, radon 309,100
EPA, superfund 8,428,800
EPA-UST 267,600
EPA-LUST trust 2,067,400
FEMA, federal 456,900
Federal revenues 85,000,000
Total federal revenues 129,737,500
Special revenue funds:
Local funds 1,103,900
Total local revenues 1,103,900
Private funds 333,700
Private - oil company overcharge settlement 86,200
Total private revenues 419,900
Aboveground storage tank fees 705,800
Clean Michigan initiative - administration 2,372,500
Clean Michigan initiative - clean water fund 2,500,000
Community pollution prevention fund 250,000
Hazardous waste facility closure revenue 1,000,000
Solid waste facility closure revenue 1,000,000
Air emissions fees 11,611,100
CESARS service fee 25,500
Cleanup and redevelopment fund 8,200,000
Drinking water revolving fund 6,023,600
Environmental response fund 8,483,000
Environmental education fund 178,900
Environmental pollution prevention fund 1,269,800
Environmental protection fund 6,000,000
Environmental training revenue 284,900
Fees and collections 750,200
Great Lakes protection fund 2,000,000
Hazardous materials transportation permit fund 82,400
Land and water permit fees 2,966,100
Landfill maintenance trust fund 46,500
Medical waste fees 411,800
Metallic mining surveillance fee revenue 65,900
Mineral well regulatory fee revenue 408,500
Michigan underground storage tank financial assurance fund 62,321,600
Oil and gas regulatory fund 9,410,100
Orphan well fund 1,314,200
Publication revenue 100,000
Public utility assessments 773,300
Public water supply fees 4,110,500
Revitalization revolving loan fund 1,000,000
Settlement funds 3,383,200
Saginaw Bay and River restoration revenue 150,000
Sand extraction fee revenue 184,100
Scrap tire regulatory fund 1,759,200
Septage waste license fees 200,000
Sewage sludge land application fee $ 722,600
Solid waste program fees 1,245,200
Stormwater permit fees 1,317,000
Underground storage tank fees 6,378,500
Water analysis fees 2,353,500
Waste reduction fee revenue 4,131,400
Water pollution control revolving fund 3,120,500
Wastewater operator training fees 162,100
Water use reporting fees 58,100
Total other state restricted revenues 160,831,600
State general fund/general purpose $ 99,906,200
Sec. 102. EXECUTIVE
Full-time equated unclassified positions 6.0
Full-time equated classified positions 13.0
Unclassified salaries--6.0 FTE positions $ 485,400
Executive direction--7.0 FTE positions 1,069,500
Office of the Great Lakes--6.0 FTE positions 790,500
GROSS APPROPRIATION $ 2,345,400
Appropriated from:
Federal revenues:
EPA, federal 223,200
DOI, federal 51,300
Special revenue funds:
Environmental response fund 41,700
Environmental education fund 178,900
Oil and gas regulatory fund 86,700
Settlement funds 208,400
State general fund/general purpose $ 1,555,200
Sec. 103. FINANCIAL AND BUSINESS SERVICES
Full-time equated classified positions 83.0
Financial support services--28.0 FTE positions $ 1,709,800
Field operations support--20.0 FTE positions 1,443,300
Automated data processing--12.0 FTE positions 6,130,700
Office of special environmental projects--6.0 FTE positions 591,600
Personnel--13.0 FTE positions 790,500
Administrative hearings--4.0 FTE positions 402,900
GROSS APPROPRIATION $ 11,068,800
Appropriated from:
Interdepartmental grant revenues:
IDT, interdivisional charges 5,779,400
Federal revenues:
DOD, federal 1,000
EPA, federal 200,000
EPA, superfund 56,400
Special revenue funds:
Aboveground storage tank fee revenue 24,100
Clean Michigan initiative - administration 154,500
Environmental response fund 811,000
Land and water permit fees 33,300
Michigan underground storage tank financial assurance fund 172,200
Oil and gas regulatory fund 434,100
Public water supply fees 165,000
Scrap tire regulatory fund 33,200
Settlement funds 183,900
State general fund/general purpose $ 3,020,700
Sec. 104. DEPARTMENTAL OPERATION SUPPORT
Building occupancy charges $ 2,652,900
Rent-privately owned property 4,913,700
Publications 100,000
GROSS APPROPRIATION $ 7,666,600
Appropriated from:
Special revenue funds:
Air emissions fees 341,200
Environmental pollution prevention fund 37,900
Environmental response fund 428,700
Fees and collections 52,700
Land and water permit fees 62,600
Medical waste fees 18,600
Michigan underground storage tank financial assurance fund 132,300
Oil and gas regulatory fund 269,300
Publication revenue 100,000
Public utility assessments 11,600
Public water supply fees 167,000
Stormwater permit fees 44,500
Solid waste program fees 41,900
Scrap tire regulatory fund 35,000
Waste reduction revenue 52,000
Water analysis fees 92,900
Water pollution control revolving fund 79,400
Water use reporting fees 4,200
Underground storage tank fees 177,400
State general fund/general purpose $ 5,517,400
Sec. 105. GEOLOGICAL SURVEY
Full-time equated classified positions 79.5
Services to oil and gas programs--70.0 FTE positions $ 8,689,700
Well plugging - orphan wells--2.5 FTE positions 1,314,200
Coal and sand dune management--3.0 FTE positions 589,100
Mineral wells management--3.0 FTE positions 408,500
Metallic mining reclamation program--1.0 FTE position 65,900
GROSS APPROPRIATION $ 11,067,400
Appropriated from:
Federal revenues:
DOI-USGS, federal 101,300
DOI-OSMRE, federal 303,700
Special revenue funds:
Environmental response fund 73,600
Metallic mining surveillance fee revenue 65,900
Mineral well regulatory fee revenue 408,500
Orphan well fund 1,314,200
Oil and gas regulatory fund 8,486,500
Sand extraction fee revenue 184,100
State general fund/general purpose $ 129,600
Sec. 106. LAND AND WATER MANAGEMENT
Full-time equated classified positions 152.0
Land and water program direction--14.0 FTE positions $ 1,153,400
Field permitting and project assistance--81.0 FTE positions 6,854,400
Water management--26.0 FTE positions 2,286,800
Great Lakes shorelands--31.0 FTE positions 3,246,000
GROSS APPROPRIATION $ 13,540,600
Appropriated from:
Interdepartmental grant revenues:
IDG, Michigan transportation fund $ 855,700
Federal revenues:
EPA, federal 681,800
DOC-NOAA, federal 1,547,700
FEMA, federal 246,900
Special revenue funds:
Land and water permit fees 2,870,200
State general fund/general purpose $ 7,338,300
Sec. 107. AIR QUALITY
Full-time equated classified positions 221.5
Air quality programs--221.5 FTE positions $ 18,744,800
GROSS APPROPRIATION $ 18,744,800
Appropriated from:
Federal revenues:
EPA, federal 3,243,900
Special revenue funds:
Air emissions fees 8,968,500
Environmental response fund 86,100
State general fund/general purpose $ 6,446,300
Sec. 108. SURFACE WATER QUALITY
Full-time equated classified positions 211.5
Compliance and permits--109.0 FTE positions $ 9,705,400
Surface water surveillance program--36.5 FTE positions 7,467,900
Watershed management and non-point source--42.0 FTE positions 4,719,500
Volunteer river, stream, and creek cleanup program 50,000
Fish contaminant monitoring contracts 321,000
Sewage sludge land application program--9.5 FTE positions 722,600
Stormwater discharge program--14.5 FTE positions 1,195,600
GROSS APPROPRIATION $ 24,182,000
Appropriated from:
Federal revenues:
EPA, federal 7,172,300
Special revenue funds:
Local funds 1,103,900
CESARS service fee 25,500
Clean Michigan initiative - administration 540,700
Clean Michigan initiative - clean water fund 2,500,000
Environmental response fund 143,400
Saginaw Bay and River restoration revenue 150,000
Sewage sludge land application fee 722,600
State water pollution control revolving fund 584,100
Stormwater permit fees 1,189,200
State general fund/general purpose $ 10,050,300
Sec. 109. DRINKING WATER AND RADIOLOGICAL PROTECTION
Full-time equated classified positions 209.7
Environmental health--34.0 FTE positions $ 3,639,100
Laboratory services administration--69.0 FTE positions 6,153,000
Drinking water--88.2 FTE positions 12,131,400
Radiological protection--18.5 FTE positions 1,651,200
Groundwater use reporting 100,000
GROSS APPROPRIATION $ 23,674,700
Appropriated from:
Interdepartmental grant revenues:
IDG-MDSP 609,400
Federal revenues:
EPA, federal $ 890,600
EPA-GWDW 3,556,000
EPA, radon 219,100
Special revenue funds:
Drinking water revolving fund 3,430,500
Great Lakes protection fund 100,000
Medical waste fees 393,200
Public water supply fees 2,378,500
Settlement funds 283,100
Water analysis fees 2,260,600
Water use reporting fees 53,900
Fees and collections 697,500
State general fund/general purpose $ 8,802,300
Sec. 110. LOW-LEVEL RADIOACTIVE WASTE AUTHORITY
Full-time equated classified positions 2.0
Low-level radioactive waste authority--2.0 FTE positions $ 761,700
GROSS APPROPRIATION $ 761,700
Appropriated from:
Special revenue funds:
Public utility assessments 761,700
State general fund/general purpose $ 0
Sec. 111. ENVIRONMENTAL RESPONSE
Full-time equated classified positions 257.0
Environmental cleanup and redevelopment program $ 16,352,600
Contaminated site investigations, cleanup, and revitalization--206.0 FTE positions 16,209,100
State cleanup (part 201 of 1994 PA 451) 3,397,700
Emergency cleanup actions 2,000,000
Federal cleanup project management--51.0 FTE positions 5,302,600
Revitalization revolving loan program 7,000,000
Superfund cleanup 7,250,000
GROSS APPROPRIATION $ 57,512,000
Appropriated from:
Federal revenues:
DOD, federal 849,600
EPA, federal 1,411,000
EPA, superfund 8,372,400
Special revenue funds:
Private funds 133,700
Clean Michigan initiative - administration 1,000,000
Cleanup and redevelopment fund 5,234,000
Environmental response fund 5,819,500
Environmental protection fund 6,000,000
Landfill maintenance trust fund 46,500
Revitalization revolving loan fund 1,000,000
Settlement funds 2,640,700
State general fund/general purpose $ 25,004,600
Sec. 112. STORAGE TANKS
Full-time equated classified positions 120.5
MI underground storage tank financial assurance program--36.5 FTE positions $ 61,908,900
Underground storage tank program--45.0 FTE positions 6,670,700
Aboveground storage tank program--9.0 FTE positions 681,700
Leaking underground storage tank cleanup program 5,966,000
Emergency cleanup actions 2,000,000
Leaking underground storage tank program--30.0 FTE positions 4,373,800
GROSS APPROPRIATION $ 81,601,100
Appropriated from:
Federal revenues:
EPA-LUST trust $ 2,067,400
EPA-UST 267,600
Special revenue funds:
Aboveground storage tank fees 681,700
Clean Michigan initiative - administration 600,000
Cleanup and redevelopment fund 2,966,000
Environmental response fund 1,079,000
Michigan underground storage tank financial assurance fund 61,908,900
Underground storage tank fees 6,201,100
State general fund/general purpose $ 5,829,400
Sec. 113. WASTE MANAGEMENT
Full-time equated classified positions 149.0
Administration and technical support--20.0 FTE positions $ 1,549,000
Compliance and enforcement--72.0 FTE positions 4,809,900
Hazardous waste permits--25.0 FTE positions 2,128,700
Groundwater permits--18.0 FTE positions 1,366,700
Solid waste program--14.0 FTE positions 1,367,900
Hazardous waste program support 605,000
Hazardous waste disposal facility closures 1,000,000
Solid waste disposal facility closures 1,000,000
GROSS APPROPRIATION $ 13,827,200
Appropriated from:
Federal revenues:
EPA, federal 2,903,000
Special revenue funds:
Hazardous waste facility closure revenue 1,000,000
Hazardous materials transportation permit fund 82,400
Solid waste facility closure revenue 1,000,000
Environmental pollution prevention fund 1,231,900
Scrap tire regulatory fund 934,800
Solid waste program fees 1,203,300
Waste reduction fee revenue 60,000
State general fund/general purpose $ 5,411,800
Sec. 114. ENVIRONMENTAL ASSISTANCE DIVISION
Full-time equated classified positions 109.0
Municipal assistance--39.5 FTE positions $ 3,198,900
Pollution prevention--37.0 FTE positions 3,387,500
Low-income community wastewater assistance 90,000
Environmental services--12.0 FTE positions 1,408,300
Pollution prevention outreach 200,000
Technical assistance--20.5 FTE positions 2,600,400
GROSS APPROPRIATION $ 10,885,100
Appropriated from:
Federal revenues:
EPA, federal 783,300
EPA-GWDW 159,600
Special revenue funds:
Private funds 200,000
Private - oil company overcharge settlement 86,200
Air emissions fees 636,600
Clean Michigan initiative - administration 77,300
Settlement funds 67,100
Drinking water revolving fund 1,263,100
Environmental training revenue 284,900
State water pollution control revolving fund 2,457,000
Stormwater permit fees 83,300
Waste reduction fee revenue $ 4,019,400
Wastewater operator training fees 162,100
State general fund/general purpose $ 605,200
Sec. 115. CRIMINAL INVESTIGATIONS
Full-time equated classified positions 22.0
Environmental investigations--22.0 FTE positions $ 1,888,200
GROSS APPROPRIATION $ 1,888,200
Appropriated from:
Federal revenues:
EPA, federal 128,400
Special revenue funds:
MUSTFA fund 108,200
Oil and gas regulatory fund 133,500
Scrap tire regulatory fund 56,200
State general fund/general purpose $ 1,461,900
Sec. 116. GRANTS
Grants to counties--air pollution $ 2,854,900
Water pollution control and drinking water revolving fund 102,353,500
Noncommunity water grants 1,400,000
Land resource program grants 1,800,000
Federal - nonpoint source water pollution grants 6,500,000
Federal - Great Lakes remedial action plan grants 700,000
Great Lakes research and protection grants 1,900,000
Pollution prevention local grants 250,000
Radon grants 135,000
Septage waste compliance grants 200,000
Scrap tire grants 700,000
Drinking water revolving fund implementation 1,330,000
Local health department operations 10,267,200
GIS, floodplain mapping 210,000
GROSS APPROPRIATION $ 130,600,600
Appropriated from:
Interdepartmental grant revenues:
IDG-MDCH, local public health operations 10,267,200
Federal revenues:
DOC, federal 1,500,000
EPA, federal 7,500,000
EPA, radon 90,000
FEMA, federal 210,000
Federal revenues 85,000,000
Special revenue funds:
Air emissions fees 1,664,800
Community pollution prevention fund 250,000
Drinking water revolving fund 1,330,000
Great Lakes protection fund 1,900,000
Public water supply fees 1,400,000
Scrap tire regulatory fund 700,000
Septage waste license fees 200,000
State general fund/general purpose $ 18,588,600
Sec. 118. BOND WASTE MANAGEMENT
Full-time equated classified positions 2.0
Solid waste implementation staff--2.0 FTE positions $ 144,600
GROSS APPROPRIATION $ 144,600
Appropriated from:
Special revenue funds:
State general fund/general purpose $ 144,600
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2000-2001 is $260,737,800.00 and state spending from state resources to be paid to local units of government for fiscal year 2000-2001 is $6,529,900.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:
DEPARTMENT OF ENVIRONMENTAL QUALITY
GRANTS
Grants to counties - air pollution $ 2,854,900
Septage waste compliance program 200,000
Scrap tire grants 700,000
Noncommunity water grants 1,400,000
Radon grants 45,000
Drinking water grants 1,330,000
TOTAL $ 6,529,900
Sec. 202. The appropriations authorized under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this act:
(a) "CESARS" means chemical evaluation search and retrieval system.
(b) "CMI" means clean Michigan initiative.
(c) "Department" means the department of environmental quality.
(d) "DOC" means the United States department of commerce.
(e) "DOC-NOAA" means the DOC national oceanic and atmospheric administration.
(f) "DOD" means the United States department of defense.
(g) "DOE" means the United States department of energy.
(h) "DOI" means the United States department of interior.
(i) "DOI-OSMRE" means the DOI office of surface mine reclamation.
(j) "DOI-USGS" means the DOI United States geological survey.
(k) "EPA" means the United States environmental protection agency.
(l) "EPA-GWDW" means the EPA groundwater drinking water.
(m) "EPA-LUST trust" means the EPA leaking underground storage tank trust fund.
(n) "EPA, radon" means the EPA radon grants.
(o) "EPA-UST" means the EPA underground storage tank.
(p) "FEMA" means the federal emergency management agency.
(q) "FTE" means full-time equated.
(r) "GIS" means geographic information system.
(s) "IDG" means interdepartmental grant.
(t) "IDT" means intradepartmental transfer.
(u) "MDCH" means the Michigan department of community health.
(v) "MDSP" means the Michigan department of state police.
(w) "MI" means Michigan.
(x) "MUSTFA" means the Michigan underground storage tank financial assurance fund.
(y) "NPL" means the federal national priority list.
Sec. 204. The department of civil service shall bill departments and agencies at the end of the first fiscal quarter for the 1% charge authorized by section 5 of article XI of the state constitution of 1963. Payments shall be made for the total amount of the billing by the end of the second fiscal quarter.
Sec. 205. (1) Beginning October 1, a hiring freeze is imposed on the state classified civil service. State departments and agencies are prohibited from hiring any new full-time state classified civil service employees and prohibited from filling any vacant state classified civil service positions. This hiring freeze does not apply to internal transfers of classified employees from 1 position to another within a department or to positions that are funded with 80% or more federal or restricted funds.
(2) The state budget director shall grant exceptions to this hiring freeze when the state budget director believes that the hiring freeze will result in rendering a state department or agency unable to deliver basic services. The state budget director shall report by the fifteenth of each month to the chairpersons of the senate and house of representatives standing committees on appropriations the number of exceptions to the hiring freeze approved during the previous month and the justification for the exception.
Sec. 206. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $30,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 207. At least 60 days before beginning any effort to privatize, the department shall submit a complete project plan to the appropriate senate and house of representatives appropriations subcommittees and the senate and house fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate senate and house of representatives appropriations subcommittees and the senate and house fiscal agencies within 30 months.
Sec. 208. The department shall continue to pilot the use of the Internet to fulfill the reporting requirements of this act. This may include transmission of reports via electronic mail to the recipients identified for each reporting requirement or it may include placement of reports on the Internet or legislative Intranet site. The senate and house of representatives appropriations subcommittees and senate and house fiscal agencies shall be notified in writing of the Internet or Intranet site of any such report. Quarterly, the department shall provide a cumulative listing of the reports submitted during the most recent 3-month period along with the Internet or Intranet site of each report, and a list of those reports expected to be transmitted in the following quarter.
Sec. 209. 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.
Sec. 210. The director of each department receiving appropriations in part 1 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 department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.
Sec. 211. (1) From funds appropriated under part 1, the department shall prepare a report that lists all of the following regarding grant or loan or grant and loan programs administered by the department for the fiscal year ending on September 30, 2001:
(a) The name of each program.
(b) The goals of the program, the criteria, eligibility, process, filing fees, nominating procedures, and deadlines for each program.
(c) The maximum and minimum grant and loan available and whether there is a match requirement for each program.
(d) The amount of any required match, and whether in-kind contributions may be used as part or all of a required match.
(e) Information pertaining to the application process, timeline for each program, and the contact people within the department.
(f) The source of funds for each program, including the citation of pertinent authorizing acts.
(g) Information regarding plans for the next fiscal year for the phaseout, expansion, or changes for each program.
(h) A listing of all recipients of grants or loans awarded by the department by type and amount of grant or loan.
(2) The reports required under this section shall be submitted to the senate and house of representatives appropriations committees and senate and house fiscal agencies by January 1, 2001.
Sec. 212. By February 15, 2001, the department shall provide the state budget director, the subcommittees on natural resources and environmental quality of the house and senate appropriations committees, and the senate and house fiscal agencies with an annual report on restricted fund balances, projected revenues, and expenditures for the fiscal years ending September 30, 2000 and September 30, 2001.
Sec. 213. The department shall provide an annual report on the total amount of funds received from responsible parties and legal settlements, and the disposition of these funds. Included in the report shall be a listing of the individual settlement cases, the location of the facilities involved, the type of violation committed, and the amount of funds received.
Sec. 214. The department shall notify the legislature and offer a public meeting and public comment opportunity with respect to any request received by the state of Michigan to divert water from the Great Lakes pursuant to the water resources development act of 1986, Public Law 99-665, 100 Stat. 4082.
Sec. 215. The department shall provide a report prepared by the department's internal auditor on the activities of the internal auditor for the prior fiscal year. This report shall include a listing of each audit or investigation performed by the internal auditor pursuant to sections 486(4) and 487 of the management and budget act, 1984 PA 431, MCL 18.1486 and 18.1487. The report shall identify the proportion of time spent on each of the statutory responsibilities listed in sections 485(4), 486(4), and 487 of the management and budget act, 1984 PA 431, MCL 18.1485, 18.1486, and 18.1487, and the time spent on all other activities performed in the internal audit function. The first report shall be due March1, 2000, and biennially thereafter beginning on May 1 and shall be submitted to the governor, auditor general, the senate and house appropriations committees, the senate and house fiscal agencies, and the director.
Sec. 216. The departments and state agencies receiving appropriations under this act shall receive and retain copies of all reports funded from appropriations in part 1. These departments and state agencies shall follow federal and state guidelines for short-term and long-term retention of these reports and records.
Sec. 217. The state budget director shall provide a list of proposed work projects funded, in whole or in part, from appropriations in this act to the house and senate appropriations committees on November 15, 2000. This list shall provide detailed information including a description of project activities and services, the total work project funding level, spending for the fiscal year ending September 30, 1999, and the amount of budget authority required to complete the project.
Sec. 218. A joint legislative work group on court settlements is established. This work group shall consist of representatives of the house and senate standing committees and the house and senate appropriations subcommittees on natural resources and environmental quality. Members shall be appointed on a bipartisan basis by the speaker of the house of representatives and the senate majority leader. Assistance and staff support to the work group may be provided by the house and senate fiscal agencies. The work group shall issue a report on December 15, 2000 to the members of the legislature that includes a strategy for disbursing settlement revenue to impacted local governmental units in a manner consistent with court settlement agreements.
Sec. 219. (1) The department shall report all of the following information relative to allocations made in part 1 for the environmental cleanup and redevelopment program, state cleanup, emergency actions, superfund cleanup, the revitalization revolving loan program, the brownfield grants and loans program, the leaking underground storage tank cleanup program, the contaminated lake and river sediments cleanup program, and the environmental protection bond projects under section 19508(7) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.19508, to the state budget director, the senate and house of representatives appropriations subcommittees on environmental quality, and the senate and house fiscal agencies:
(a) The name and location of the site for which an allocation is made.
(b) The nature of the problem encountered at the site.
(c) A brief description of how the problem will be resolved if the allocation is made for a response activity.
(d) The estimated date that site closure activities will be completed.
(e) The amount of the allocation, or the anticipated financing for the site.
(f) A summary of the sites and the total amount of funds expended at the sites at the conclusion of the fiscal year.
(g) The number of sites that would qualify as brownfields that were redeveloped.
(2) The report prepared under subsection (1) shall also include all of the following:
(a) The status of all state-owned facilities that are on the list compiled under part 201 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20101 to 324.20142.
(b) The report shall include the total amount of funds expended during the fiscal year and the total amount of funds awaiting expenditure.
(c) The total amount of bonds issued for the environmental protection bond program pursuant to part 193 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.19301 to 324.19306, and bonds issued pursuant to the clean Michigan initiative act, 1998 PA 284, MCL 324.95101 to 324.95108.
(3) The report shall be made available by March 31 of each year.
Sec. 220. By September 30, 2001, the department shall make electronically available via the department website, a report of its efforts to implement the recommendations contained in the Michigan environmental science board report entitled "Analysis of the Michigan Department of Environmental Quality Administered Environmental Standard to Protect Children's Health" dated February 2000, which shall include the following efforts to include scientific and risk assessment staff from other state agencies to address children's health issues that cross agency jurisdictional boundaries, initiatives to evaluate exposure concerns resulting from contaminated soils, and data collection and risk assessment development processes for hazardous indoor and outdoor air pollutants.
Sec. 221. Of the money appropriated from the environmental education fund in section 102, $5,000.00 shall be allocated to Michigan State University Extension Service - 4-H Youth Programs to fund the Michigan Youth Conservation Council.
LAND AND WATER MANAGEMENT
Sec. 301. The department shall collect Great Lakes bottomland permit fees uniformly and fairly from commercial and noncommercial users of the Great Lakes bottomlands.
Sec. 303. By July 1, 2001, the department shall make or cause to be made a grant request to the Michigan Great Lakes protection fund for the purpose of an inventory of Michigan wetlands in counties contiguous to the Great Lakes and their connecting waters. The grant request may also include plans for the inventory of all remaining wetlands in this state on a county-by-county basis. Upon completion, the inventory shall be filed with the agricultural extension office, register of deeds, and county clerk as required by section 30321 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.30321.
AIR QUALITY
Sec. 401. The department shall report quarterly, via the department's Internet website, on air quality program expenditures and revenues. The report shall include expenditures and revenues by fund source, and by program function.
SURFACE WATER QUALITY
Sec. 501. Of the funds appropriated in section 108 for surface water surveillance, a minimum of $250,000.00 shall be designated for grants to local organizations for water quality monitoring activities.
Sec. 502. (1) The department, in conjunction with the department of natural resources, shall provide a report on the impact of non-native, aquatic nuisance species and other non-native species on the natural resources and environment of the state. The report shall include recommendations for reducing or eliminating the negative impacts of such species on the natural resources and the environment of the state, and recommendations on how to prohibit new introductions of non-native aquatic nuisance species and other non-native species.
(2) The report required in subsection (1) may be included as a part of any report the department is required to prepare that assesses the status of and trends related to the overall state of the natural environment in the state. The report shall be submitted to the governor, to the standing committees of the legislature with jurisdiction over issues primarily related to natural resources and the environment, and to the senate and house appropriations subcommittees on environmental quality and natural resources. The report shall be submitted not later than October 1, 2001.
DRINKING WATER
Sec. 601. The department shall provide quarterly reports to the legislature on the revenues received and expenditures made by the drinking water and environmental units within the laboratory services appropriation line. The information shall include the types of tests conducted, the number of tests conducted at no charge, and the allocation of the general fund appropriation for each unit.
Sec. 602. The appropriation in part 1 for groundwater use reporting shall support the cost of developing a groundwater database needed to model the demands of irrigation wells on groundwater aquifers and the impacts of irrigation well systems on domestic water supplies.
ENVIRONMENTAL RESPONSE
Sec. 701. From the appropriations in part 1 for the environmental cleanup and redevelopment program under part 201 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20101 to 324.20142, the department shall continue to make authorizations for response activities at environmental contamination sites and for the administration of the environmental cleanup and redevelopment program.
Sec. 702. The unexpended portion of the appropriation in part 1 for the state cleanup program, environmental cleanup and redevelopment program, emergency cleanup action, NPL - municipal landfill match grants, state cleanup, and superfund cleanup projects is considered work project appropriations and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the projects to be carried forward is to provide contaminated site cleanup.
(b) The projects will be accomplished by contract.
(c) The total estimated cost of all projects is identified in each line-item appropriation.
(d) The tentative completion date is September 30, 2005.
Sec. 703. Of the funds appropriated in section 111 as state match for the superfund cleanup program, an amount not to exceed $250,000.00 shall be expended as state match for the hazardous substance research center.
Sec. 705. The funds appropriated in section 111 for the environmental cleanup and redevelopment program shall be used to fund redevelopment and cleanup activities on the following sites:
Allegan Sunrise LF
Alpena 1000 Highland Court
Antrim Portside Cleaners
Arenac Sappington Oil
Barry Kavco LF
Bay Kuhlman Electric
Calhoun Brooks Foundry
Calhoun McLeieer Oil/Elm Street
Clare Agnes Gleason #1
Clare City of Clare Sanitary LF
Crawford Old Mill Property
Grand Traverse Norton & Woods 1-20A
Gratiot Velsicol Chemical Corporation
Hillsdale Heinz Oil Company
Ingham Kings Auto Property
Ingham Laundry and Dry Cleaning Village
Ingham Mobil Oil, Richard TE #1
Ionia Whites Bridge Rd. Area
Isabella Vernon Township Ground Water Contamination
Jackson Smith Petroleum Henry W. Zaremba et al. #A-1
Leelanau Commercial Well W. Bayshore
Leelanau Grand Traverse Overall Supply
Livingston Main Street Gregory
Livingston Marcy's Laundry Center
Manistee Morton International Merkey 13
Monroe Lor-San Oil
Montcalm Greenville Drums
Montmorency Lowell St. Hillman Twp.
Muskegon Ruddiman Drums
Oakland Cedar Creek Chloride Contamination
Oakland Hi-Mill Mfg. Co.
Osceola Richmond Sanitary Landfill
Roscommon State B-1
Saginaw L.A. Davidson
Shiawassee Helena St. & Frederick St. Res. Wells (Shiawassee Sanitary LF)
Van Buren Commercial Street Industrial Area
Wexford Yuma Tar
Various Multisite well plugging
STORAGE TANKS
Sec. 801. (1) The funds appropriated in part 1 from the Michigan underground storage tank financial assurance fund for the purpose of carrying out the duties and responsibilities as specified in part 215 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.21501 to 324.21551, are considered work project appropriations and any unencumbered funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the projects to be carried forward is to carry out the responsibilities of part 215 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.21501 to 324.21551.
(b) The projects will be accomplished by contract and state employees.
(c) The total estimated cost is identified in a line-item appropriation.
(d) The tentative completion date is September 30, 2005.
(2) The Michigan underground storage tank financial assurance policy board shall allocate the amount of the underground storage tank financial assurance fund to be distributed to the department. If the amount recommended by the board is less than that appropriated in section 112, expenditures shall be adjusted accordingly.
(3) Included in the amounts appropriated in part 1 from the Michigan underground storage tank financial assurance fund are amounts sufficient to pay debt service costs on the bonds or notes issued pursuant to part 215 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.21501 to 324.21551.
Sec. 802. The department shall report to the state budget director, the senate and house of representatives appropriations subcommittees on environmental quality, and the senate and house fiscal agencies no later than October31, 2001 on the Michigan underground storage tank financial assurance fund. The report shall include the fund balance, estimate of available revenues, number and dollar value of claims processed through September 30, 2000, and total estimated claims liability through December 22, 2002.
Sec. 803. The unexpended portion of the appropriation in part 1 for the leaking underground storage tank cleanup program is considered work project appropriations and any unencumbered or unallotted funds are carried over into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA431, MCL 18.1451a:
(a) The purpose of the projects to be carried over is to provide for redevelopment and contaminated site cleanup.
(b) These projects will be accomplished by contract.
(c) The total estimated costs of all projects is identified in each line-item appropriation.
(d) The tentative completion date for these projects is September 30, 2005.
Sec. 804. The funds appropriated in section 112 for the leaking underground storage tank cleanup program shall be used to fund redevelopment and cleanup activities on the following sites:
Branch Archer Lake Marina
Branch Holiday Harbor
Calhoun Hooks Automotive
Calhoun H.B. Sherman
Cass Riggs Corner Store
Cass Indian Lake Mini Super
Gladwin Margaret Cearbaugh
Gratiot Total Equipment Service
Hillsdale Oakhaven
Ingham Super Stop #9
Ionia Haight's Garage
Iosco Lansky Amoco
Iosco Rainbow Shell
Kalamazoo Vicksburg DPW
Kalamazoo Titus Construction
Kalamazoo Ro-Dad's Total
Kalamazoo McLeieer Oil Company
Kalamazoo Micro Machine
Kent SXT, Inc.
Kent Dwar Oil Company
Kent Huck's Corners
Kent Burlingame Partnership 2741 Burlingame
Kent Burlingame Partnership 2743 Burlingame
Livingston Millie's Market
Livingston Kennedy Residence
Manistee Wellston Hardware
Monroe Country Club USA
Montcalm J. I. S. Tire Service
Montcalm Rockford Market
Montcalm Geller Auto Service
Montcalm Thelma Franklin
Oakland Little Caesar's
Ogemaw Lovewell's Corner
Ogemaw Shady Shores Store
Ogemaw Rose City Feed & Tack
Ogemaw TJ's Restaurant
Ogemaw Skidway Car Care
Osceola Ralph's Marathon
Presque Isle Village of Millersburg
Roscommon Edgewater Marine
Saginaw Treasure Island
Saginaw Dale M. Seltzer/Kenneth Grieb
St. Clair Anady Property
St. Clair Former Gulf Station
St. Joseph Broker Services
Van Buren Joe's Mini Mart
Washtenaw S & S Auto
WASTE MANAGEMENT
Sec. 901. The appropriation in part 1 for pollution prevention includes authorization for 1.0 FTE position and $60,000.00 to provide technical assistance to organizations and businesses involved in recycling and composting.
Sec. 902. The department shall provide a report by September 30, 2001 to the house and senate appropriations subcommittees on environmental quality, and the house and senate fiscal agencies that summarizes the projects awarded, and related expenditures under the solid wastes alternatives program portion of the environmental protection bond implementation, of the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106. The report shall include an assessment of the accomplishments of the solid wastes alternatives program and its components.
ENVIRONMENTAL ASSISTANCE
Sec. 1001. With funds appropriated in part 1, the department shall continue to implement a community right-to-know project to facilitate convenient public access to information about the performance of individual facilities in complying with requirements of air, surface water, waste management, storage tank, and environmental response programs, and with any permits issued pursuant to these programs. The project shall also facilitate convenient public access to information about the overall quality of Michigan's air, water, groundwater, and drinking water and the generation of municipal solid waste and regulated hazardous waste. In implementing this section, the department shall consult with interested stakeholders on a periodic basis, including, but not limited to, industrial and environmental group representatives.
Sec. 1002. The appropriation in part 1 for low-income community wastewater assistance shall be provided to the Michigan community action agency association. This appropriation enables the association to expand and maintain rural community assistance program services to all Michigan counties.
Sec. 1003. The department shall develop a strategy to expand the use of tire-derived fuels by public utilities, governmental units, and private industry as a means of eliminating accumulated scrap tires. The tire-derived fuel strategy shall be submitted to the house and senate appropriations subcommittees on environmental quality on or before March 1, 2001.
CRIMINAL INVESTIGATIONS
Sec. 1101. The department shall provide training in support of local efforts to regulate solid waste disposal. Department environmental conservation officers shall be directed to help train law enforcement officers and other enforcement personnel to develop community partnerships to combat illegal dumping at the local level.
GRANTS
Sec. 1201. 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 324.11719, 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. 1202. Loans provided by the water pollution control revolving fund pursuant to the appropriation in part 1 are to be repaid on schedule, and penalties shall be assigned for delinquent repayment as provided in part 53 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.5301 to 324.5316.
Sec. 1203. Of the amount of money appropriated in part 1 for scrap tire grants, $100,000.00 shall be available for grants to communities to cover scrap tire fire suppression costs, provided owner liability bonds and other available funding sources have been exhausted.
This act is ordered to take immediate effect.
Clerk of the House of Representatives.
Secretary of the Senate.
Approved
Governor.