SENATE BILL No. 265

 

 

March 2, 2005, Introduced by Senators PRUSI and EMERSON and referred to the Committee on Appropriations.

 

EXECUTIVE BUDGET BILL

 

 

   A bill to make appropriations for certain capital outlay

 

programs and state departments and agencies for the fiscal year

 

ending September 30, 2006; to implement the appropriations within

 

the budgetary process; to make appropriations for planning and

 

construction at state agencies; to make appropriations for state

 

building authority rent and insurance; to make a grant for state

 

building authority rent; to provide for the acquisition of land and

 

buildings; to provide for the elimination of fire hazards; to

 

provide for special maintenance, remodeling and addition,

 

alteration, renovation, demolition, and other projects; to provide

 

for elimination of occupational safety and health hazards; to

 

provide for the award and implementation of contracts; to provide

 


for the purchase of furnishings and equipment relative to occupancy

 

of a project; to provide for the development of public recreation

 

facilities; to provide for certain advances from the general fund;

 

to prescribe powers and duties of certain state officers and

 

agencies; to require certain reports, plans, and agreements; to

 

provide for leases; to provide for transfers; to prescribe

 

standards and conditions relating to the appropriations; and to

 

provide for the expenditure of appropriations.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

   Sec. 101.  Subject to the conditions set forth in this bill, the

 

amounts listed in this part are appropriated for certain capital

 

outlay projects at the various state agencies for the fiscal year

 

ending September 30, 2006, from the funds indicated in this part. 

 

The following is a summary of the appropriations in this part:

 

CAPITAL OUTLAY

 

APPROPRIATIONS SUMMARY:

 

GROSS APPROPRIATION.................................... $    512,159,500

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and

 

   intradepartmental transfers .........................         2,000,000

 

ADJUSTED GROSS APPROPRIATION........................... $    510,159,500

 

   Federal revenues:

 

Total federal revenues ................................       155,075,000

 

   Special revenue funds:

 

Total local revenues...................................        20,000,000

 


Total private revenues.................................                 0

 

Total state restricted revenues........................        59,082,300

 

State general fund/general purpose .................... $    276,002,200

 

    Sec. 102.  DEPARTMENT OF AGRICULTURE

 

Farmland and open space development acquisition ....... $      7,500,000

 

GROSS APPROPRIATION.................................... $      7,500,000

 

    Appropriated from:

 

   Federal revenues:

 

DAG, multiple grants...................................         2,500,000

 

   Special revenue funds:

 

Agriculture preservation fund .........................         5,000,000

 

State general fund/general purpose .................... $              0

 

    Sec. 103.  DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

 

For department of military and veterans affairs

 

   special maintenance remodeling and additions......... $      5,000,000

 

Camp Grayling, multiple company headquarters 

 

   buildings (phase II), for design and construction

 

   (total authorized cost $18,500,000; federal

 

   share $18,500,000)...................................        18,500,000

 

Land acquisitions and appraisals statewide.............          200,000

 

GROSS APPROPRIATION.................................... $     23,700,000

 

    Appropriated from:

 

   Federal revenues:

 

DOD, department of the army - national guard bureau....        23,500,000

 

   Special revenue funds:

 

Armory construction fund...............................           200,000

 

State general fund/general purpose .................... $              0

 


    Sec. 104.  DEPARTMENT OF NATURAL RESOURCES

 

    (1) STATE PARK REMODELING AND ADDITIONS

 

State parks repair and maintenance .................... $      1,000,000

 

Forest roads, bridges and facilities ..................          900,000

 

GROSS APPROPRIATION.................................... $      1,900,000

 

    Appropriated from:

 

   Special revenue funds:

 

State park improvement fund ...........................         1,000,000

 

Forest development fund ...............................           800,000

 

Forest recreation fund.................................           100,000

 

State general fund/general purpose .................... $              0

 

    (2) WILDLIFE AREAS

 

Statewide deer range habitat acquisition...............         3,500,000

 

Statewide turkey habitat acquisition ..................        2,000,000

 

GROSS APPROPRIATION.................................... $      5,500,000

 

    Appropriated from:

 

   Federal revenues:

 

DOI, Pittman-Robertson.................................         1,000,000

 

   Special revenue funds:

 

Game and fish protection - deer range improvement fund.         3,500,000

 

Game and fish protection – turkey fund.................         1,000,000

 

State general fund/general purpose .................... $              0

 

    (3) WATERWAYS BOATING PROGRAM

 

Infrastructure improvements – state projects........... $      2,500,000

 

Infrastructure improvements – local projects...........         1,500,000

 

Land acquisitions......................................         1,000,000

 

   Boating program, state boating access sites:

 


Crystal Lake, Benzie County, new site construction,

 

   phase III (total authorized cost $1,400,000; state

 

   share $1,400,000)....................................           600,000

 

Hamlin Lake, Ludington state park, dam repairs (total

 

   authorized cost $1,555,000; state share $355,000;

 

   federal share $1,200,000)............................         1,555,000

 

   Boating program, state harbors and docks:

 

Cheboygan, Cheboygan County, lock and dam repairs and

 

   harbor improvements (total authorized cost $2,500,000;

 

   state share $625,000; federal share $1,875,000)......         2,500,000

 

Mackinaw City, Cheboygan County, new marina, phase II

 

   (total authorized cost $9,600,000; state

 

   share $9,600,000)....................................         6,000,000

 

DeTour, Chippewa County, floating dock repair and

 

   replacement (total authorized cost $575,000; state

 

   share $575,000)......................................           575,000

 

   Boating program, local harbors and docks:

 

Arcadia, Manistee County, marina rehabilitation

 

   (total authorized cost $1,000,000; state share

 

   $500,000; local share $500,000)......................           500,000

 

Charlevoix, Charlevoix County, marina expansion and

 

   upgrades (total authorized cost $6,500,000; state

 

   share $4,875,000; local share $1,625,000)............         3,875,000

 

Grand Haven, Ottawa County, dock replacement (total

 

   authorized cost $1,000,000; state share $500,000;

 

   local share $500,000)................................           500,000

 

Leland, Leelanau County, marina rehabilitation and

 


   upgrades (total authorized cost $3,500,000; state

 

   share $1,750,000; local share $1,750,000)............        1,750,000

 

GROSS APPROPRIATION.................................... $     22,855,000

 

    Appropriated from:

 

   Federal revenues:

 

DOI, Dingell-Johnson................................... $      3,075,000

 

   Special revenue funds:

 

State waterways fund...................................        19,780,000

 

State general fund/general purpose..................... $              0

 

    Sec. 105.  STATE AGENCY SPECIAL MAINTENANCE

 

Major special maintenance, remodeling and addition

 

   for state agencies................................... $      4,000,000

 

GROSS APPROPRIATION.................................... $      4,000,000

 

    Appropriated from:

 

      Interdepartmental grant revenues:

 

IDG, building occupancy charges........................         2,000,000

 

   Special revenue funds:

 

State general fund/general purpose .................... $      2,000,000

 

    Sec. 106. DEPARTMENT OF TRANSPORTATION

 

    (1) BUILDINGS AND FACILITIES

 

Major special maintenance, remodeling and additions -

 

   various state locations.............................. $      2,514,000

 

Salt storage buildings and containment control

 

   systems - contract agencies .........................         2,000,000

 

Salt storage buildings and containment control

 

   systems – various state locations....................         1,100,000

 

Taylor, Wayne County, transportation service center,

 


   for design and construction (total authorized cost

 

   ($1,800,000); state share $1,800,000)................           600,000

 

Construct/replace equipment storage buildings – various

 

   state locations......................................           500,000

 

Construct maintenance garage washbays – various state

 

   locations............................................           250,000

 

Institutional and agency roads.........................          750,000

 

GROSS APPROPRIATION.................................... $      7,714,000

 

    Appropriated from:

 

      Special revenue funds:

 

State trunkline fund ..................................         7,714,000

 

State general fund/general purpose .................... $              0

 

    (2) AIRPORT IMPROVEMENT PROGRAMS

 

Airport safety and protection plan..................... $    163,193,300

 

GROSS APPROPRIATION.................................... $    163,193,300

 

    Appropriated from:

 

   Federal revenues:

 

DOT, federal aviation administration ..................       125,000,000

 

   Special revenue funds:

 

Local aeronautics match................................        20,000,000

 

Combined comprehensive transportation bond proceeds

 

   fund - aeronautics ..................................        12,000,000

 

State aeronautics fund.................................         6,193,300

 

State general fund/general purpose..................... $              0

 

    Sec. 107. STATE BUILDING AUTHORITY RENT

 

State building authority rent - state agencies ........ $     62,391,700

 

State building authority rent - department of

 


   corrections .........................................        72,891,900

 

State building authority rent - universities...........       123,376,200

 

State building authority rent - community colleges.....       17,137,300

 

GROSS APPROPRIATION.................................... $    275,797,100

 

    Appropriated from:

 

   Special revenue funds:

 

State lottery funds ...................................         1,520,000

 

Roosevelt parking facility reimbursement...............           275,000

 

State general fund/general purpose .................... $    274,002,100

 

    Sec. 108.  STATE BUILDING AUTHORITY FINANCED

 

CONSTRUCTION PROJECTS

 

University and community college major and special

 

   maintenance projects (total authorized cost

 

   $100,000,000; state building authority share

 

   $99,999,900; state general fund share $100;

 

   university share $0; community college share $0)..... $            100

 

GROSS APPROPRIATION..................................... $            100

 

    Appropriated from:

 

   Special revenue funds:

 

State general fund/general purpose..................... $            100

 

 

 

 

 

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 2005-2006 is $335,084,500 and state

 

spending from state resources paid to units of local government for

 

fiscal year 2005-2006 is $12,625,000.  The itemized statement below

 

identifies appropriations from which spending to units of local

 

government will occur:

 

CAPITAL OUTLAY

 

Department of agriculture - farmland and open space

 

   development acquisition.............................. $      2,500,000

 

Department of natural resources – waterways boating

 

   program.............................................. $      8,125,000

 

Department of transportation – buildings and

 

   facilities...........................................        2,000,000

 

TOTAL................................................... $     12,625,000

 

   Sec. 202.  The appropriations authorized under this bill are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 

   Sec. 203.  As used in this bill:

 

   (a)  "Board" means the state administrative board.

 

   (b)  "Community college" does not include a state agency or

 

university.

 

   (c)  "Department" means the department of management and budget.

 

   (d)  "Director" means the director of the department of

 

management and budget.

 

   (e)  "DAG" means the United States department of agriculture.

 

   (f)  "DOD" means the United States department of defense.

 

   (g)  "DOI" means the United States department of interior.

 

   (h)  "DOT" means the United States department of transportation.

 


   (i)  "Fiscal agencies" means the senate fiscal agency and the

 

house fiscal agency.

 

   (j)  "ICF/MR" means intermediate care facilities for the

 

mentally retarded.

 

   (k)  "IDG" means interdepartmental grant.

 

   (l)  "JCOS" means the joint capital outlay subcommittee of the

 

appropriations committees.

 

   (m)  "State agency" means an agency of state government. State

 

agency does not include a community college or university.

 

   (n)  "State building authority" means the authority created

 

under 1964 PA 183, MCL 830.411 to 830.425.

 

   (o)  "University" means a 4-year university supported by the

 

state. University does not include a community college or a state

 

agency.

 

   Sec. 204.  Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 

competitively priced and of comparable quality American goods or

 

services, or both, are available. Preference should be given to

 

goods or services, or both, manufactured or provided by Michigan

 

businesses if they are competitively priced and of comparable

 

quality.

 

   Sec. 205.  Unless otherwise specified, the department shall use

 

the Internet to fulfill the reporting requirements of this bill.  

 

This requirement may include transmission of reports via electronic

 

mail to the recipients identified for each reporting requirement,

 

or it may include placement of reports on an Internet or Intranet

 

site.

 


DEPARTMENT OF AGRICULTURE

 

   Sec. 301. Of the amounts appropriated in part 1 for farmland and

 

open space development acquisition, the funds shall be used for the

 

purchase of development rights and the awarding of grants by the

 

agriculture preservation fund board under the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.101 to

 

324.90106.

 

CAPITAL OUTLAY PROCESSES, PROCEDURES & REPORTS

 

   Sec. 401. Each capital outlay project authorized in this bill or

 

any previous capital outlay act shall comply with the procedures

 

required by the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 

   Sec. 402.  A statement of a proposed facility's operating cost

 

shall be included with the facility's program statement and

 

planning documents when the plans are presented to JCOS for

 

approval.

 

   Sec. 403. (1) Before proceeding with final planning and

 

construction for projects at community colleges and universities

 

included in an appropriations bill, the community college or

 

university shall sign an agreement with the department that

 

includes the following provisions:

 

   (a)  The university or community college agrees to construct the

 

project within the total authorized cost established by the

 

legislature pursuant to the management and budget act, 1984 PA 431,

 

MCL 18.1101 to 18.1594, and an appropriations act.

 

   (b)  The design and program scope of the project shall not

 

deviate from the design and program scope represented in the

 


program statement and preliminary planning documents approved by

 

the department.

 

   (c)  Any other items as identified by the department that are

 

necessary to complete the project.

 

   (2) The department retains the authority and responsibility

 

normally associated with the prudent maintenance of the public's

 

financial and policy interests relative to the state-financed

 

construction projects managed by a community college or university.

 

   Sec. 404.  (1) The department shall provide the JCOS, state

 

budget director and the fiscal agencies with reports as considered

 

necessary relative to the status of each planning or construction

 

project financed by the state building authority, by this bill, or

 

by previous acts.

 

   (2) Before the end of each fiscal year, the department shall

 

report to the JCOS and the fiscal agencies for each capital outlay

 

project other than lump sums all of the following:

 

   (a)  The account number and name of each construction project.

 

   (b)  The balance remaining in each account.

 

   (c)  The date of the last expenditure from the account.

 

   (d)  The anticipated date of occupancy if the project is under

 

construction.

 

   (e)  The appropriations history for the project.

 

   (f)  The professional service contractor.

 

   (g)  The amount of a project financed with federal funds.

 

   (h)  The amount of a project financed through the state building

 

authority.

 

   (i)  The total authorized cost for the project and the state

 


authorized share if different than the total.

 

   (3) Before the end of each fiscal year, the department shall

 

report the following for each project by a state agency,

 

university, or community college that is authorized for planning

 

but is not yet authorized for construction:

 

   (a)  The name of the project and account number.

 

   (b)  Whether a program statement is approved.

 

   (c)  Whether schematics are approved by the department.

 

   (d)  Whether preliminary plans are approved by the department.

 

   (e)  The name of the professional service contractor.

 

   (4) As used in this section, "project" includes appropriation

 

line items made for purchase of real estate.

 

   Sec. 405. (1) If a capital outlay appropriation is contained in

 

a public act that was not reviewed by the JCOS during the

 

legislative process, the director shall notify the JCOS of an

 

expenditure of that capital outlay appropriation not less than 60

 

days before the expenditure.

 

   (2) For the purposes of this section, "capital outlay

 

appropriation" means an appropriation that provides for the

 

construction, renovation, or repair of a capital facility or

 

acquisition or development of land and that is normally reviewed by

 

the JCOS.

 

   Sec. 406. A state agency, college, or university shall take

 

steps necessary to make available federal and other money indicated

 

in this bill, to make available federal or other money that may

 

become available for the purposes for which appropriations are made

 

in this bill, and to use any part or all of the appropriations to

 


meet matching requirements that are considered to be in the best

 

interest of this state.  However, the purpose, scope, and total

 

estimated cost of a project shall not be altered to meet the

 

matching requirements.

 

   Sec. 407.  Pursuant to section 242(2) of the management and

 

budget act, 1984 PA 431, MCL 18.1242, the department shall submit

 

5-year capital outlay plans and capital outlay priority requests

 

developed by state agencies (and as approved by the department of

 

management and budget), universities, and community colleges to the

 

chairperson and ranking vice-chairperson of the JCOS and the fiscal

 

agencies upon the release of the executive budget recommendation.

 

USE AND FINANCE STATEMENTS

 

   Sec. 501. (1) A university or community college shall not let a

 

contract for new construction of a nonstate-funded project

 

estimated to cost more than $1,000,000.00 unless the project is

 

authorized by the JCOS through approval of a use and financing

 

statement defined by a policy adopted by the JCOS.  The request for

 

legislative authorization shall be initially submitted for review

 

to the JCOS and the department.  The use and financing statement

 

for a nonstate-funded project shall contain the estimated total

 

construction cost and all associated estimated operating costs

 

including a statement of anticipated project revenues.  As used in

 

this section, "new construction" includes land or property

 

acquisition, remodeling and additions, and maintenance projects.

 

   (2) A project that is constructed in violation of this section

 

shall not receive state appropriations for purposes of operating

 

the project, or support for future infrastructure enhancements that

 


are necessitated, in part or in total, by construction of the

 

project.

 

   (3) A state agency, including the department of military

 

affairs, shall not let a contract, including those for a direct

 

federally-funded capital outlay construction or major maintenance

 

or remodeling project if the total project is estimated to cost

 

more than $1,000,000.00 and is to be constructed on state-owned

 

lands, unless the project is approved by the department and by the

 

JCOS through approval of a use and financing statement defined by a

 

policy adopted by the JCOS.  For projects over $1,000,000.00, the

 

state agency shall submit a use and financing statement as required

 

for community colleges and universities in subsection (1). As used

 

in this subsection, "direct federally-funded" refers to a project

 

for which federal payments are made directly to the construction

 

vendor and not to the state of Michigan.

 

   (4) A public body corporate created under section 28 of article

 

VII of the state constitution of 1963 and the urban cooperation act

 

of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, by a

 

contractual interlocal agreement between local participating

 

economic development corporations formed under the economic

 

development corporations act, 1974 PA 338, MCL 125.1601 to

 

125.1636, and the Michigan strategic fund shall not let a contract

 

for new construction estimated to cost more than $1,000,000.00

 

unless the project is authorized by the JCOS through the approval

 

of a use and financing statement defined by a policy adopted by the

 

JCOS.  For purposes of this subsection, the use and financing

 

statement for a project shall contain the estimated total

 


construction cost and all associated estimated operating costs. As

 

used in this subsection, "new construction" means land or property

 

acquisition, remodeling or additions, lease or lease purchase, and

 

maintenance projects for the corporate office of the public body

 

corporate described in this subsection.

 

LUMP SUMS AND SPECIAL MAINTENANCE

 

   Sec. 601. (1) The director shall allocate lump-sum

 

appropriations made in this bill for remodeling and addition,

 

special maintenance, major special maintenance, energy

 

conservation, demolition, ICF/MR, air-conditioning, and fire

 

protection projects.  The director shall allocate other lump sums

 

in order of program priority and need of the various state agencies

 

or as otherwise based on actual building inspection reports by

 

regulatory agencies.

 

   (2) The state budget director may authorize that funds

 

appropriated for lump-sum special maintenance shall be available

 

for no more than 3 fiscal years following the fiscal year in which

 

the original appropriation was made.  Any remaining balance from

 

allocations made in this section shall lapse to the fund from which

 

it was appropriated pursuant to the lapsing of funds as provided in

 

the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

 

   (3) Before the end of each fiscal year, the department shall

 

submit a report to the JCOS and the fiscal agencies indicating the

 

total cost and status of all lump-sum projects funded under this

 

bill and any previous act that have been designated as proposed,

 

designed, bid, under construction, or completed within the current

 

fiscal year.

 


   Sec. 602.  A state agency shall provide notification to JCOS

 

prior to commencing a demolition project not authorized in law. 

 

The demolition project may be disapproved by the JCOS within 30

 

days after the date of notification and, if disapproved within that

 

time, the demolition project shall not be authorized.  The

 

notification to JCOS shall identify the building or facility to be

 

demolished and its location, the estimated cost of the demolition

 

project, estimated project schedule, and the source of financing.

 

   Sec. 603.  Pursuant to department policy, state agencies may

 

expend not more than $1,000,000 from their operating budget for

 

special maintenance, remodeling, additions, or other capital outlay

 

purposes, unless specifically authorized by the legislature.

 

STATE BUILDING AUTHORITY

 

   Sec. 701. (1) Subject to section 242 of the management and

 

budget act, 1984 PA 431, MCL 18.1242, and upon the approval of the

 

state building authority, the department may expend from the

 

general fund of the state during the fiscal year ending September

 

30, 2006 an amount to meet the cash flow requirements of those

 

state building authority projects solely for lease to a state

 

agency identified in both part 1 and this section, and for which

 

state building authority bonds or notes have not been issued, and

 

for the sole acquisition by the state building authority of

 

equipment and furnishings for lease to a state agency as permitted

 

by 1964 PA 183, MCL 830.411 to 830.425, for which the issuance of

 

bonds or notes is authorized by a legislative concurrent resolution

 

that is effective for the fiscal year ending September 30, 2006.  

 

Any general fund advances for which state building authority bonds

 


have not been issued shall bear an interest cost to the state

 

building authority at a rate not to exceed that earned by the state

 

treasurer's common cash fund during the period in which the

 

advances are outstanding and are repaid to the general fund of the

 

state.

 

   (2) Upon sale of bonds or notes for the projects identified in

 

part 1 or for equipment as authorized by legislative concurrent

 

resolution and in this section, the state building authority shall

 

credit the general fund of the state an amount equal to that

 

expended from the general fund plus interest, if any, as defined in

 

this section.

 

   (3) For state building authority projects for which bonds or

 

notes have been issued and upon the request of the state building

 

authority, the state treasurer shall make advances without interest

 

from the general fund as necessary to meet cash flow requirements

 

for the projects, which advances shall be reimbursed by the state

 

building authority when the investments earmarked for the financing

 

of the projects mature.

 

   (4) In the event that a project identified in part 1 is

 

terminated after final design is complete, advances made on behalf

 

of the state building authority for the costs of final design shall

 

be repaid to the general fund in a manner recommended by the

 

director and approved by the JCOS.

 

   Sec. 702. (1) State building authority funding to finance

 

construction or renovation of a facility that collects revenue in

 

excess of money required for the operation of that facility shall

 

not be released to a university or community college unless the

 


institution agrees to reimburse that excess revenue to the state

 

building authority.  The excess revenue shall be credited to the

 

general fund to offset rent obligations associated with the

 

retirement of bonds issued for that facility. The auditor general

 

shall annually identify and present an audit of those facilities

 

that are subject to this section.  Costs associated with the

 

administration of the audit shall be charged against money

 

recovered pursuant to this section.

 

   (2) As used in this section, "revenue" includes state

 

appropriations, facility opening money, other state aid, indirect

 

cost reimbursement, and other revenue generated by the activities

 

of the facility.

 

   Sec. 703. (1) The state building authority rent appropriations

 

in part 1 may also be expended for the payment of required premiums

 

for insurance on facilities owned by the state building authority

 

or payment of costs that may be incurred as the result of any

 

deductible provisions in such insurance policies.

 

   (2) If the amount appropriated in part 1 for state building

 

authority rent is not sufficient to pay the rent obligations and

 

insurance premiums and deductibles identified in subsection (1) for

 

state building authority projects, there is appropriated from the

 

general fund of the state the amount necessary to pay such

 

obligations.

 

   Sec. 704.  The department shall provide the JCOS and the fiscal

 

agencies a report relative to the status of construction projects

 

associated with state building authority bonds on September 30 of

 

each year, or not more than 30 days after a refinancing or

 


restructuring bond issue is sold.  The report shall include, but is

 

not limited to, the following:

 

   (a)  A list of all completed construction projects for which

 

state building authority bonds have been sold, and which bonds are

 

currently active.

 

   (b)  A list of all projects under construction for which sale of

 

state building authority bonds are pending.

 

   (c)  A list of all projects authorized for construction or

 

identified in an appropriations act for which approval of

 

schematic/preliminary plans or total authorized cost is pending

 

that have state building authority bonds identified as a source of

 

financing.

 

COLLEGES AND UNIVERSITIES

 

   Sec. 801. (1) This section applies only to projects for

 

community colleges.

 

   (2) State support is directed towards the remodeling and

 

additions, special maintenance, or construction of certain

 

community college buildings.  The community college shall obtain or

 

provide for site acquisition and initial main utility installation

 

to operate the facility. Funding shall be comprised of local and

 

state shares, and the state share shall include 50% of any federal

 

money awarded for projects appropriated in this bill.  Not more

 

than 50% of a capital outlay project, not including a lump-sum

 

special maintenance project or remodeling and addition project, for

 

a community college shall be appropriated from state and federal

 

funds, unless otherwise appropriated by the legislature.

 

   (3) An expenditure under this bill is authorized when the

 


release of the appropriation is approved by the board upon the

 

recommendation of the director.  The director may recommend to the

 

board the release of any appropriation in part 1 only after the

 

director is assured that the legal entity operating the community

 

college to which the appropriation is made has complied with this

 

bill and has matched the amounts appropriated as required by this

 

bill.  A release of funds in part 1 shall not exceed 50% of the

 

total cost of planning and construction of any project, not

 

including lump-sum remodeling and additions and special

 

maintenance, unless otherwise appropriated by the legislature.  

 

Further planning and construction of a project authorized by this

 

bill or applicable sections of the management and budget act, 1984

 

PA 431, MCL 18.1101 to 18.1594, shall be in accordance with the

 

purpose and scope as defined and delineated in the approved program

 

statements and planning documents.  This bill is applicable to all

 

projects for which planning appropriations were made in previous

 

acts.

 

   (4) The community college shall take the steps necessary to

 

secure available federal construction and equipment money for

 

projects funded for construction in this bill if an application was

 

not previously made.  If there is a reasonable expectation that a

 

prior year unfunded application may receive federal money in a

 

subsequent year, the college shall take whatever action necessary

 

to keep the application active.  If federal money is received, the

 

state share shall be adjusted accordingly as provided by this bill.

 

   Sec. 802.  If matching revenues are received in an amount less

 

than the appropriations contained in this bill, the state funds of

 


the appropriation shall be reduced in proportion to the amount of

 

matching revenue received.

 

   Sec. 803.  (1) The director may require that community colleges

 

and universities that have an authorized project listed in part 1

 

submit documentation regarding the project match and governing

 

board approval of the authorized project not more than 60 days

 

after the beginning of the fiscal year.

 

   (2) If the documentation required by the director under

 

subsection (1) is not submitted, or does not adequately

 

authenticate the availability of the project match or board

 

approval of the authorized project, the authorization may

 

terminate.  The authorization terminates 30 days after the director

 

notifies the JCOS of the intent to terminate the project unless the

 

JCOS extends the authorization.

 

   Sec. 804. (1) From the funds appropriated in part 1 for

 

university and community college major and special maintenance

 

projects, allocations shall be made to the following institutions

 

in the amount specified:

 

   (a)  Central Michigan university..................... $      4,677,700

 

   (b)  Eastern Michigan university.....................         4,524,600

 

   (c)  Ferris state university.........................         2,866,500

 

   (d)  Grand valley state university...................         3,389,500

 

   (e)  Lake superior state university..................           742,900

 

   (f)  Michigan state university.......................        16,830,200

 

   (g)  Michigan technological university...............         2,852,100

 

   (h)  Northern Michigan university....................         2,679,100

 

   (i)  Oakland university..............................         2,816,000

 


   (j)  Saginaw valley state university.................         1,530,200

 

   (k)  University of MichiganAnn Arbor..............        18,770,400

 

   (lUniversity of MichiganDearborn...............         1,445,300

 

   (m)  University of MichiganFlint..................         1,242,600

 

   (n)  Wayne state university..........................        12,745,900

 

   (o)  Western Michigan university.....................         6,488,600

 

   (p)  Alpena community college........................           284,800

 

   (q)  Bay de Noc community college....................           275,300

 

   (r)  Delta college...................................           770,000

 

   (s)  Glen Oaks community college.....................           129,200

 

   (t)  Gogebic community college.......................           235,500

 

   (u)  Grand Rapids community college..................           968,500

 

   (v)  Henry Ford community college....................         1,180,300

 

   (w)  Jackson community college.......................           653,300

 

   (x)  Kalamazoo valley community college..............           666,600

 

   (y)  Kellogg community college.......................           523,700

 

   (z)  Kirtland community college......................           159,000

 

   (aa) Lake Michigan college...........................           281,900

 

   (bb) Lansing community college.......................         1,674,800

 

   (cc) Macomb community college........................         1,787,000

 

   (dd) Mid Michigan community college..................           238,400

 

   (ee) Monroe county community college.................           231,900

 

   (ff) Montcalm community college......................           167,800

 

   (gg) C.S. Mott community college.....................           846,700

 

   (hh) Muskegon community college......................           481,900

 

   (ii) North central Michigan college..................           163,200

 

   (jj) Northwestern Michigan college...................           491,700

 


   (kk) Oakland community college.......................         1,127,200

 

   (ll) St. Clair county community college...............           377,600

 

   (mm) Schoolcraft college.............................           661,600

 

   (nn) Southwestern Michigan college...................           355,100

 

   (oo) Washtenaw community college.....................           672,400

 

   (pp) Wayne county community college..................           869,200

 

   (qq) West shore community college....................           123,800

 

   (2) Institutions receiving an allocation in subsection (1) shall

 

expend state building authority funds for major and special

 

maintenance projects on existing academic buildings and facilities. 

 

No state building authority funds shall be expended for self-

 

liquidating or self-supporting projects.  Institutions shall submit

 

to the department required project plans for approval in a format

 

and within timeframes specified by the department.  The state

 

building authority financed component of each approved university

 

project shall be at least $100,000, and each approved community

 

college project shall be at least $10,000, and shall extend the

 

useful life of the building or facility.  All projects expending

 

state building authority funds shall be performed under contract,

 

and shall be for projects commencing on or after October 1, 2005

 

All state building authority related expenditures for approved

 

projects must be completed by December 31, 2007, to be authorized

 

for reimbursement.  Institutions shall receive reimbursement when

 

expenditures for 1 or more projects are documented in total for

 

their respective subsection (1) allocation.  The appropriations

 

authorized under this bill are subject to the management and budget

 

act, 1984 PA 431, MCL 18.1101 to 18.1594, and all applicable laws

 


and requirements of the state building authority.

 

DEPARTMENT OF MANAGEMENT AND BUDGET

 

   Sec. 901. (1) The department shall provide the JCOS, the fiscal

 

agencies, and state budget director a report of privately owned

 

leased space by state agencies, by September 30 of each year,

 

consisting of the following:

 

   (a)  Department.

 

   (b)  Agency division and leased number.

 

   (c)  Building location (address and city).

 

   (d)  Type of building.

 

   (e)  County.

 

   (f)  Name and address of lessor.

 

   (g)  Square footage and net square footage rate.

 

   (h)  Monthly and annual cost PER LEASE.

 

   (i)  Date lease started and expires.

 

   (j)  Options and services.

 

   (k)  Total monthly and annual cost for all leases.

 

   (2) The lease report shall be summarized for office space, group

 

homes, and other space for the Lansing area and statewide,

 

excepting the Lansing area.

 

DEPARTMENT OF NATURAL RESOURCES

 

   Sec. 1001.  The appropriation made in this bill for the harbors

 

and docks program is for the purpose of participating with the

 

federal government and assisting political entities and

 

subdivisions of this state in the construction and improvement of

 

recreational boating facilities within this state.  Subject to the

 

approval of the board, this money shall be allocated by the

 


department of natural resources to the federal government, or to

 

the political entities or local units of government involved in the

 

particular projects.  An allocation shall not exceed the state

 

portion as listed with each project description.  The department of

 

natural resources shall take the steps necessary to match federal

 

money available for the construction and improvement of

 

recreational boating facilities within this state, and to meet

 

requirements of the federal government.

 

   Sec. 1002. Before the end of each fiscal year, the department of

 

natural resources shall report each year to the JCOS the status of

 

each project that received an appropriation in any capital outlay

 

act, if the project is either not completed or has a balance

 

remaining in its account. The report shall be in the same form and

 

contain the information as required under section 404.  The report

 

shall be separated into the following areas, by fund sources:

 

   (a)  Waterways projects.

 

   (b)  Urban recreation projects.

 

   (c)  State park projects.

 

   (d)  Wildlife and fisheries projects.

 

   (e)  Other projects.

 

   Sec. 1003.  The department of natural resources shall transfer

 

all revenues and unreserved receipts in the harbor development fund

 

to the state waterways fund for the purposes appropriated in part 1

 

of this bill.

 

STATE TRANSPORTATION DEPARTMENT

 

   Sec. 1101. (1) From federal-state-local project appropriations

 

contained in part 1 for the purpose of assisting political entities

 


and subdivisions of this state in the construction and improvement

 

of publicly used airports and landing fields within this state, the

 

state transportation department may permit the award of contracts

 

on behalf of units of local government for the authorized locations

 

not to exceed the indicated amounts, of which the state allocated

 

portion shall not exceed the amount appropriated in part 1.

 

   (2) Political entities and subdivisions shall provide not less

 

than 2.5% of the cost of any project under this section. State

 

money shall not be allocated until local money is allocated. State

 

money for any 1 project shall not exceed 1/3 of the total

 

appropriation in part 1 from state funds for airport improvement

 

programs.

 

   (3) The Michigan aeronautics commission may take those steps

 

necessary to match federal money available for airport construction

 

and improvement within this state, and to meet the matching

 

requirements of the federal government.  Whether acting alone or

 

jointly with another political subdivision or public agency or with

 

this state, a political subdivision or public agency of this state

 

shall not submit to any agency of the federal government a project

 

application for airport planning or development unless it is

 

authorized in this bill and the project application is approved by

 

the governing body of each political subdivision or public agency

 

making the application, and by the Michigan aeronautics commission.

 

   Sec. 1102.  Before the end of each fiscal year, the state

 

transportation department shall report to the JCOS the status of

 

projects funded in part 1 with the estimated dollars allocated for

 

each project.  If there has to be a delay in reporting, the state

 


transportation department shall notify JCOS in writing of the date

 

the report will be received.

 

   Sec. 1103. (1) A planning project or construction project

 

appropriated for the airport program shall be made available for no

 

more than 3 fiscal years following the fiscal year in which the

 

original appropriation was made.

 

   (2) Any remaining balance from allocations made in this section

 

shall lapse to the fund from which it was appropriated pursuant to

 

the lapsing of funds as provided in the management and budget act,

 

1984 PA 431, MCL 18.1101 to 18.1594.

 

MISCELLANEOUS

 

   Sec. 1201. (1) Revenue collected from licenses issued under the

 

antenna site management project shall be deposited into the antenna

 

site management revolving fund created for this purpose in the

 

department of information technology.  The department may receive

 

and expend funds from the fund for costs associated with the

 

antenna site management project, including the cost of a third-

 

party site manager.  Any excess revenue remaining in the fund at

 

the close of the fiscal year shall be proportionately transferred

 

to the appropriate state restricted funds as designated in statute

 

or by constitution.

 

   (2) An antenna shall not be sited pursuant to this section

 

without prior compliance with the respective local zoning codes and

 

local unit of government processes.

 

   Sec. 1202. (1) A site preparation economic development fund is

 

hereby created in the department of management and budget.  As used

 

in this section, "economic development sites" means those state-

 


owned sites declared as surplus property pursuant to section 251 of

 

the management and budget act, 1984 PA 431, MCL 18.1251, that would

 

provide economic benefit to the area or to the state.  The Michigan

 

economic development corporation board and the state budget

 

director shall determine whether or not a specific state-owned site

 

qualifies for inclusion in the fund created under this subsection.

 

   (2) Proceeds from the sale of any sites designated in subsection

 

(1) shall be deposited into the fund created in subsection (1) and

 

shall be available for site preparation expenditures, unless

 

otherwise provided by law.  The economic development sites

 

authorized in subsection (1) are hereby authorized for sale

 

consistent with state law.  Expenditures from the fund are hereby

 

authorized for site preparation activities that enhance the

 

marketable sale value of the sites. Site preparation activities

 

include, but are not limited to, demolition, environmental studies

 

and abatement, utility enhancement, and site excavation.

 

   (3) A cash advance in an amount of not more than $25,000,000.00

 

is hereby authorized from the general fund to the site preparation

 

economic development fund.

 

   (4) An annual report shall be transmitted to the senate and

 

house of representatives appropriations committees not later than

 

December 31 of each year.  This report shall detail both of the

 

following:

 

   (a)  The revenue and expenditure activity in the fund for the

 

preceding fiscal year.

 

   (b)  The sites identified as economic development sites under

 

subsection (1).

 


MILITARY AND VETERANS AFFAIRS

 

   Sec. 1301.  The appropriations in part 1 for department of

 

military and veterans' affairs design and construction projects are

 

contingent upon the availability of federal and state restricted

 

funds for financing.