Substitute For

SENATE BILL NO. 91

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

the people of the state of michigan enact:


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PART 1

LINE-ITEM APPROPRIATIONS

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

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

 

 

 

APPROPRIATION SUMMARY

 

 

 


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7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

1,418.0

 

 

GROSS APPROPRIATION

 

$

565,270,500

IDG from department of state police

 

 

1,833,500

IDG from MDOT, Michigan transportation fund

 

 

122,500

IDG, MDOT - Michigan transportation fund

 

 

1,368,800

MDLARA

 

 

220,000

Total interdepartmental grants and intradepartmental transfers

 

 

3,544,800

ADJUSTED GROSS APPROPRIATION

 

$

561,725,700

Federal revenues:

 

 

 

Federal funds

 

 

171,889,200

Total federal revenues

 

 

171,889,200

Special revenue funds:

 

 

 

Private funds

 

 

1,411,200

Total private revenues

 

 

1,411,200

Air emissions fees

 

 

11,817,900

Aquatic nuisance control fund

 

 

1,073,200

Brownfield development fund

 

 

1,100,000

Campground fund

 

 

346,900

Clean Michigan initiative - clean water fund

 

 

2,617,100

Clean Michigan initiative - nonpoint source

 

 

2,000,000

Cleanup and redevelopment fund

 

 

28,060,800

Coal ash care fund

 

 

258,400

Community pollution prevention fund

 

 

150,000

Electronic waste recycling fund

 

 

375,600

Energy efficiency and renewable energy revolving loan fund

 

 

250,000


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2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Environmental education fund

 

 

201,200

Environmental pollution prevention fund

 

 

4,833,600

Environmental response fund

 

 

31,321,900

Fees and collections

 

 

279,400

Financial instruments

 

 

9,921,100

Great Lakes protection fund

 

 

567,600

Groundwater discharge permit fees

 

 

1,674,800

Infrastructure construction fund

 

 

58,100

Laboratory services fees

 

 

8,850,400

Land and water permit fees

 

 

2,685,100

Medical waste emergency response fund

 

 

375,600

Metallic mining surveillance fee revenue

 

 

106,300

Mineral well regulatory fee revenue

 

 

222,300

Native copper mine fund

 

 

50,000

Nonferrous metallic mineral surveillance

 

 

438,500

NPDES fees

 

 

4,825,600

Oil and gas regulatory fund

 

 

4,965,000

Orphan well fund

 

 

2,461,200

Public swimming pool fund

 

 

712,600

Public utility assessments

 

 

2,666,900

Public water supply fees

 

 

5,213,300

Refined petroleum fund

 

 

42,583,100

Renew Michigan fund

 

 

73,980,600

Retired engineers technical assistance program fund

 

 

491,200

Revolving loan revenue bonds

 

 

15,000,000

Sand extraction fee revenue

 

 

99,500

Scrap tire regulatory fund

 

 

5,175,500


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2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Septage waste program fund

 

 

561,300

Settlement funds

 

 

1,000,000

Sewage sludge land application fees

 

 

998,300

Small business pollution prevention revolving loan fund

 

 

134,400

Soil erosion and sedimentation control training fund

 

 

157,900

Solid waste management fund - staff account

 

 

7,542,000

Stormwater permit fees

 

 

2,525,600

Strategic water quality initiatives fund

 

 

1,371,300

Technologically enhanced naturally occurring radioactive material

 

 

248,900

Underground storage tank cleanup fund

 

 

20,423,500

Wastewater operator training fees

 

 

632,500

Water pollution control revolving fund

 

 

738,400

Water quality protection fund

 

 

100,000

Water use reporting fees

 

 

287,000

Total other state restricted revenues

 

 

304,531,400

State general fund/general purpose

 

$

83,893,900

Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

106.0

 

 

Unclassified salaries--FTEs

6.0

$

828,600

Accounting service center

 

 

1,463,500

Administrative hearings officers

 

 

910,000

Environmental investigations--* FTE positions

12.0

 

2,549,100

Environmental support--* FTE positions

56.0

 

8,379,400


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2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Environmental support projects

 

 

6,000,000

Executive direction--* FTE positions

14.0

 

2,340,200

Facilities management

 

 

1,000,000

Financial support--* FTE positions

24.0

 

3,471,200

Property management

 

 

8,715,500

GROSS APPROPRIATION

 

$

35,657,500

Appropriated from:

 

 

 

IDG from department of state police

 

 

87,400

IDG from MDOT, Michigan transportation fund

 

 

122,500

Total interdepartmental grants and intradepartmental transfers

 

 

209,900

Federal funds

 

 

604,700

Total federal revenues

 

 

604,700

Private funds

 

 

750,800

Total private revenues

 

 

750,800

Air emissions fees

 

 

988,700

Aquatic nuisance control fund

 

 

88,000

Campground fund

 

 

29,300

Cleanup and redevelopment fund

 

 

2,210,800

Electronic waste recycling fund

 

 

42,700

Environmental education fund

 

 

196,400

Environmental pollution prevention fund

 

 

588,700

Fees and collections

 

 

25,100

Financial instruments

 

 

8,820,600

Great Lakes protection fund

 

 

48,200

Groundwater discharge permit fees

 

 

143,000

Infrastructure construction fund

 

 

5,300

Laboratory services fees

 

 

580,300


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3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Land and water permit fees

 

 

225,500

Medical waste emergency response fund

 

 

42,700

Metallic mining surveillance fee revenue

 

 

10,600

Mineral well regulatory fee revenue

 

 

10,600

Nonferrous metallic mineral surveillance

 

 

51,000

NPDES fees

 

 

409,000

Oil and gas regulatory fund

 

 

833,000

Orphan well fund

 

 

98,800

Public swimming pool fund

 

 

58,800

Public utility assessments

 

 

682,100

Public water supply fees

 

 

432,200

Refined petroleum fund

 

 

3,549,300

Renew Michigan fund

 

 

3,095,800

Sand extraction fee revenue

 

 

10,500

Scrap tire regulatory fund

 

 

236,200

Septage waste program fund

 

 

48,200

Settlement funds

 

 

1,000,000

Sewage sludge land application fees

 

 

80,200

Soil erosion and sedimentation control training fund

 

 

13,400

Solid waste management fund - staff account

 

 

1,137,400

Stormwater permit fees

 

 

204,400

Strategic water quality initiatives fund

 

 

114,500

Underground storage tank cleanup fund

 

 

272,700

Wastewater operator training fees

 

 

51,000

Water pollution control revolving fund

 

 

60,900

Water use reporting fees

 

 

23,800

Total other state restricted revenues

 

 

26,519,700


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3

4

5

6

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20

21

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23

24

25

26

27

28

State general fund/general purpose

 

$

7,572,400

Sec. 103. OFFICE OF THE GREAT LAKES

 

 

 

Full-time equated classified positions

15.0

 

 

Great Lakes restoration initiative--* FTE positions

9.0

 

7,591,300

Office of the Great Lakes--* FTE positions

6.0

 

822,500

GROSS APPROPRIATION

 

$

8,413,800

Appropriated from:

 

 

 

Federal funds

 

 

7,617,300

Total federal revenues

 

 

7,617,300

Great Lakes protection fund

 

 

505,000

Total other state restricted revenues

 

 

505,000

State general fund/general purpose

 

$

291,500

Sec. 104. WATER RESOURCES DIVISION

 

 

 

Full-time equated classified positions

321.0

 

 

Aquatic nuisance control program--* FTE positions

6.0

 

958,800

Coastal management grants--* FTE positions

7.0

 

2,512,600

Expedited water/wastewater permits--* FTE positions

1.0

 

51,200

Federal - Great Lakes remedial action plan grants

 

 

583,800

Federal - nonpoint source water pollution grants

 

 

4,083,300

Fish contaminant monitoring

 

 

316,100

Great lakes restoration initiative

 

 

3,608,200

Groundwater discharge permit program--* FTE positions

22.0

 

3,343,400


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2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Land and water interface permit programs--* FTE positions

84.0

 

12,580,300

Nonpoint source pollution prevention and control project program

 

 

2,000,000

NPDES nonstormwater program--* FTE positions

83.0

 

13,622,700

Program direction and project assistance--* FTE positions

27.0

 

3,237,500

Sewage sludge land application program--* FTE positions

7.0

 

892,300

Stormwater activities--* FTE positions

27.5

 

5,302,600

Surface water--* FTE positions

51.5

 

8,650,300

Technology advancements for water monitoring

 

 

500,000

Water quality protection grants

 

 

100,000

Water withdrawal assessment program--* FTE positions

5.0

 

842,900

Wetlands program

 

 

1,000,000

GROSS APPROPRIATION

 

$

64,186,000

Appropriated from:

 

 

 

IDG, MDOT - Michigan transportation fund

 

 

1,332,000

Total interdepartmental grants and intradepartmental transfers

 

 

1,332,000

Federal funds

 

 

26,625,200

Total federal revenues

 

 

26,625,200

Aquatic nuisance control fund

 

 

958,800

Clean Michigan initiative - clean water fund

 

 

2,617,100

Clean Michigan initiative - nonpoint source

 

 

2,000,000

Environmental response fund

 

 

579,800

Groundwater discharge permit fees

 

 

1,490,200


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2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Infrastructure construction fund

 

 

51,200

Land and water permit fees

 

 

2,393,200

NPDES fees

 

 

4,294,200

Refined petroleum fund

 

 

451,200

Sewage sludge land application fees

 

 

894,100

Soil erosion and sedimentation control training fund

 

 

140,500

Stormwater permit fees

 

 

2,259,600

Wastewater operator training fees

 

 

304,000

Water pollution control revolving fund

 

 

146,800

Water quality protection fund

 

 

100,000

Water use reporting fees

 

 

256,000

Total other state restricted revenues

 

 

18,936,700

State general fund/general purpose

 

$

17,292,100

Sec. 105. LAW ENFORCEMENT

 

 

 

GROSS APPROPRIATION

 

$

 

Appropriated from:

 

 

 

State general fund/general purpose

 

$

 

Sec. 106. AIR QUALITY DIVISION

 

 

 

Full-time equated classified positions

187.0

 

 

Air quality programs--FTEs

187.0

 

30,416,600

GROSS APPROPRIATION

 

$

30,416,600

Appropriated from:

 

 

 

Federal funds

 

 

7,493,200

Total federal revenues

 

 

7,493,200

Air emissions fees

 

 

10,537,200

Fees and collections

 

 

213,400

Oil and gas regulatory fund

 

 

147,600


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3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Public utility assessments

 

 

150,000

Refined petroleum fund

 

 

3,759,200

Total other state restricted revenues

 

 

14,807,400

State general fund/general purpose

 

$

8,116,000

Sec. 107. REMEDIATION AND REDEVELOPMENT DIVISION

 

 

 

Full-time equated classified positions

308.0

 

 

Contaminated site investigations, cleanup, and revitalization--* FTE positions

130.0

 

19,079,000

Emergency cleanup actions

 

 

2,000,000

Environmental cleanup support

 

 

30,300,000

Federal cleanup project management--* FTE positions

40.0

 

7,263,600

Laboratory services--* FTE positions

39.0

 

8,420,100

Refined petroleum product cleanup program--* FTE positions

99.0

 

35,123,600

Superfund cleanup

 

 

1,000,000

Brownfield grants

 

 

1,100,000

GROSS APPROPRIATION

 

$

104,286,300

Appropriated from:

 

 

 

Federal funds

 

 

6,537,900

Total federal revenues

 

 

6,537,900

Brownfield development fund

 

 

1,100,000

Cleanup and redevelopment fund

 

 

24,173,100

Environmental response fund

 

 

30,742,100

Laboratory services fees

 

 

8,096,500

Public water supply fees

 

 

323,600

Refined petroleum fund

 

 

33,018,500

Total other state restricted revenues

 

 

97,453,800


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

State general fund/general purpose

 

$

294,600

Sec. 108. UNDERGROUND STORAGE TANK AUTHORITY

 

 

 

Full-time equated classified positions

5.0

 

 

Underground storage tank cleanup program--* FTE positions

5.0

 

20,069,200

GROSS APPROPRIATION

 

$

20,069,200

Appropriated from:

 

 

 

Underground storage tank cleanup fund

 

 

20,069,200

Total other state restricted revenues

 

 

20,069,200

State general fund/general purpose

 

$

0

Sec. 109. RENEWING MICHIGAN'S ENVIRONMENT

 

 

 

Full-time equated classified positions

133.0

 

 

Mapping and other support--* FTE positions

5.0

 

3,995,600

Renew Michigan program--* FTE positions

128.0

 

69,962,300

GROSS APPROPRIATION

 

$

73,957,900

Appropriated from:

 

 

 

Renew Michigan fund

 

 

69,962,300

Total other state restricted revenues

 

 

69,962,300

State general fund/general purpose

 

$

3,995,600

Sec. 110. INFORMATION TECHNOLOGY

 

 

 

Information technology services and projects

 

 

9,578,700

GROSS APPROPRIATION

 

$

9,578,700

Appropriated from:

 

 

 

IDG, MDOT - Michigan transportation fund

 

 

36,800

IDG from department of state police

 

 

25,600

Total interdepartmental grants and intradepartmental transfers

 

 

62,400

Federal funds

 

 

1,838,700


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Total federal revenues

 

 

1,838,700

Private funds

 

 

15,200

Total private revenues

 

 

15,200

Air emissions fees

 

 

292,000

Aquatic nuisance control fund

 

 

26,400

Campground fund

 

 

8,800

Cleanup and redevelopment fund

 

 

654,500

Electronic waste recycling fund

 

 

12,800

Environmental education fund

 

 

4,800

Environmental pollution prevention fund

 

 

167,200

Fees and collections

 

 

6,400

Financial instruments

 

 

1,100,500

Great Lakes protection fund

 

 

14,400

Groundwater discharge permit fees

 

 

41,600

Infrastructure construction fund

 

 

1,600

Laboratory services fees

 

 

173,600

Land and water permit fees

 

 

66,400

Medical waste emergency response fund

 

 

12,800

Metallic mining surveillance fee revenue

 

 

3,200

Mineral well regulatory fee revenue

 

 

3,200

Nonferrous metallic mineral surveillance

 

 

15,200

NPDES fees

 

 

122,400

Oil and gas regulatory fund

 

 

246,400

Orphan well fund

 

 

29,600

Public swimming pool fund

 

 

17,600

Public utility assessments

 

 

12,800

Public water supply fees

 

 

129,600

Refined petroleum fund

 

 

1,062,500


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Renew Michigan fund

 

 

922,500

Sand extraction fee revenue

 

 

3,200

Scrap tire regulatory fund

 

 

70,400

Septage waste program fund

 

 

14,400

Sewage sludge land application fees

 

 

24,000

Soil erosion and sedimentation control training fund

 

 

4,000

Solid waste management fund - staff account

 

 

340,800

Stormwater permit fees

 

 

61,600

Strategic water quality initiatives fund

 

 

34,400

Underground storage tank cleanup fund

 

 

81,600

Wastewater operator training fees

 

 

15,200

Water pollution control revolving fund

 

 

18,400

Water use reporting fees

 

 

7,200

Total other state restricted revenues

 

 

5,824,000

State general fund/general purpose

 

$

1,838,400

Sec. 111. CLIMATE AND ENERGY

 

 

 

Full-time equated classified positions

3.0

 

 

Office of climate and energy--* FTE positions

3.0

 

262,900

GROSS APPROPRIATION

 

$

262,900

Appropriated from:

 

 

 

Federal funds

 

 

49,700

Total federal revenues

 

 

49,700

Public utility assessments

 

 

39,700

Total other state restricted revenues

 

 

39,700

State general fund/general purpose

 

$

173,500

Sec. 112. DRINKING WATER AND ENVIRONMENTAL HEALTH

 

 

 


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Full-time equated classified positions

125.0

 

 

Drinking water--* FTE positions

68.0

 

11,915,600

Environmental health--* FTE positions

57.0

 

7,179,200

Drinking water program grants

 

 

830,000

Noncommunity water grants

 

 

1,905,700

Septage waste compliance grants

 

 

275,000

GROSS APPROPRIATION

 

$

22,105,500

Appropriated from:

 

 

 

Federal funds

 

 

10,555,900

Total federal revenues

 

 

10,555,900

Campground fund

 

 

308,800

Fees and collections

 

 

34,500

Public swimming pool fund

 

 

636,200

Public water supply fees

 

 

4,327,900

Refined petroleum fund

 

 

742,400

Septage waste program fund

 

 

498,700

Wastewater operator training fees

 

 

262,300

Total other state restricted revenues

 

 

6,810,800

State general fund/general purpose

 

$

4,738,800

Sec. 113. MATERIALS MANAGEMENT DIVISION

 

 

 

Full-time equated classified positions

129.0

 

 

Environmental sustainability and stewardship--* FTE positions

11.0

 

6,224,000

Hazardous waste management program--* FTE positions

45.0

 

5,826,800

Low-level radioactive waste authority--* FTE positions

2.0

 

246,200

Medical waste program--* FTE positions

2.0

 

320,100


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Pollution prevention--* FTE positions

7.0

 

2,311,400

Radiological protection program--* FTE positions

12.0

 

2,035,500

Recycling initiative--* FTE positions

3.0

 

1,022,400

Scrap tire grants

 

 

3,500,000

Scrap tire regulatory program--* FTE positions

10.0

 

1,368,900

Solid waste management program--* FTE positions

37.0

 

6,642,300

GROSS APPROPRIATION

 

$

29,497,600

Appropriated from:

 

 

 

IDG from department of state police

 

 

1,720,500

Total interdepartmental grants and intradepartmental transfers

 

 

1,720,500

Federal funds

 

 

7,143,700

Total federal revenues

 

 

7,143,700

Private funds

 

 

645,200

Total private revenues

 

 

645,200

Cleanup and redevelopment fund

 

 

1,022,400

Coal ash care fund

 

 

258,400

Community pollution prevention fund

 

 

150,000

Electronic waste recycling fund

 

 

320,100

Energy efficiency and renewable energy revolving loan fund

 

 

250,000

Environmental pollution prevention fund

 

 

4,077,700

Medical waste emergency response fund

 

 

320,100

Public utility assessments

 

 

1,782,300

Retired engineers technical assistance program fund

 

 

491,200

Scrap tire regulatory fund

 

 

4,868,900


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Small business pollution prevention revolving loan fund

 

 

134,400

Solid waste management fund - staff account

 

 

6,063,800

Technologically enhanced naturally occurring radioactive material

 

 

248,900

Total other state restricted revenues

 

 

19,988,200

State general fund/general purpose

 

$

0

Sec. 114. OIL, GAS, AND MINERALS DIVISION

 

 

 

Full-time equated classified positions

57.0

 

 

Oil, gas, and mineral services--* FTE positions

57.0

 

11,630,900

GROSS APPROPRIATION

 

$

11,630,900

Appropriated from:

 

 

 

MDLARA

 

 

220,000

Total interdepartmental grants and intradepartmental transfers

 

 

220,000

Federal funds

 

 

150,000

Total federal revenues

 

 

150,000

Metallic mining surveillance fee revenue

 

 

92,500

Mineral well regulatory fee revenue

 

 

208,500

Native copper mine fund

 

 

50,000

Nonferrous metallic mineral surveillance

 

 

372,300

Oil and gas regulatory fund

 

 

3,738,000

Orphan well fund

 

 

2,332,800

Sand extraction fee revenue

 

 

85,800

Total other state restricted revenues

 

 

6,879,900

State general fund/general purpose

 

$

4,381,000

Sec. 115. WATER INFRASTRUCTURE

 

 

 

Full-time equated classified positions

29.0

 

 


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29

Municipal assistance--* FTE positions

29.0

 

5,007,600

Water state revolving funds

 

 

120,000,000

GROSS APPROPRIATION

 

$

125,007,600

Appropriated from:

 

 

 

Federal funds

 

 

103,272,900

Total federal revenues

 

 

103,272,900

Revolving loan revenue bonds

 

 

15,000,000

Strategic water quality initiatives fund

 

 

1,222,400

Water pollution control revolving fund

 

 

512,300

Total other state restricted revenues

 

 

16,734,700

State general fund/general purpose

 

$

5,000,000

Sec. 116. ONE-TIME APPROPRIATIONS

 

 

 

Emergency dam safety action fund

 

 

15,000,000

High water emergency infrastructure grants

 

 

10,000,000

Michigan Water Use Advisory Council Recommendations

 

 

5,200,000

GROSS APPROPRIATION

 

$

30,200,000

Appropriated from:

 

 

 

State general fund/general purpose

 

$

30,200,000

 

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 sources under part 1 for fiscal year 2021-2022 is $376,425,300.00 and state spending from state sources to be paid to local units of government for fiscal year 2021-2022 is $41,521,000.00. The itemized statement below identifies appropriations from which spending to local units


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of government will occur:

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

 

 

 

Surface water

 

$

160,000

Technology advancements for water monitoring

 

 

500,000

Brownfield grants

 

 

1,000,000

Emergency cleanup actions

 

 

116,000

Refined petroleum product cleanup program

 

 

5,000,000

Renewing Michigan's environment program

 

 

20,000,000

Environmental health

 

 

400,000

Noncommunity water grants

 

 

1,900,000

Septage waste compliance grants

 

$

125,000

Environmental sustainability and stewardship

 

 

250,000

Medical waste program

 

 

70,000

Scrap tire grants

 

$

2,000,000

High water emergency infrastructure grants

 

 

10,000,000

TOTAL

 

$

41,521,000

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

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

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

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

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

(d) "IDG" means interdepartmental grant.

(e) "NPDES" means national pollution discharge elimination system.

Sec. 204. The departments and agencies receiving


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appropriations in part 1 shall use the internet to fulfill the reporting requirements of this part. This requirement shall include transmission of reports via email to the recipients identified for each reporting requirement, or it shall include placement of reports on an internet or intranet site.

Sec. 205. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261:

(a) 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.

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

(c) In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.

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

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


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travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director. The report shall include the following information:

(a) The dates of each travel occurrence.

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

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

Sec. 209. Not later than December 31, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairs of the senate and house appropriations committees and the senate and house fiscal agencies.

Sec. 211. From the funds appropriated in part 1, the department shall provide to the department of technology,


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management, and budget information sufficient to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for the department or agency:

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

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

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

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

(e) Job specifications and wage rates.

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

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

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


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estimated at $18,851,400.00. Total agency appropriations for retiree health care legacy costs are estimated at $14,796,600.00.

Sec. 216. (1) On a quarterly basis, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies the following information:

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

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

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

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

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

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

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

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

Sec. 218. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount


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appropriated under this article, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, intertransfer funds within this article for the particular department, board, commission, officer, or institution.

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

Sec. 221. (1) Funds appropriated in part 1 shall not be used by the department to promulgate a rule that will apply to a small business and that will have a disproportionate economic impact on small businesses because of the size of those businesses if the department fails to reduce the disproportionate economic impact of the rule on small businesses as provided under section 40 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.240.

(2) As used in this section:

(a) "Rule" means that term as defined under section 7 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207.

(b) "Small business" means that term as defined under section 7a of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207a.

Sec. 222. (1) The department shall report all of the following information relative to allocations made from appropriations for the environmental cleanup and redevelopment program, state cleanups, emergency actions, superfund cleanups, the revitalization revolving loan program, the brownfield grants and loans program,


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the leaking underground storage tank cleanup program, the contaminated lake and river sediments cleanup program, the refined petroleum product cleanup program, and the environmental protection bond projects under section 19508(7) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.19508, to the state budget director, the senate and house appropriations subcommittees on 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 by September 30, 2022.

(g) The number of brownfield projects that were successfully redeveloped.

(2) The report prepared under subsection (1) shall also include all of the following:

(a) The status of all state-owned facilities that are on the list compiled under section 20108c of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20108c.

(b) The report shall include the total amount of funds expended during the fiscal year and the total amount of funds awaiting expenditure.


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(c) The total amount of bonds issued for the environmental protection bond program pursuant to part 193 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.19301 to 324.19306, and bonds issued pursuant to the clean Michigan initiative act, 1998 PA 284, MCL 324.95101 to 324.95108.

(3) The report shall be made available by March 31 of each year.

Sec. 223. (1) The department may expend amounts remaining from the current and prior fiscal year appropriations to meet funding needs of legislatively approved sites for the environmental cleanup and redevelopment program, the refined petroleum product cleanup program, brownfield grants and loans, waterfront grants, and the environmental bond site reclamation program.

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

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

(4) Unexpended and unencumbered amounts remaining from appropriations from the refined petroleum fund activities contained in 2007 PA 121, 2008 PA 247, 2009 PA 118, 2010 PA 189, 2011 PA 63,


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2012 PA 200, 2013 PA 59, 2014 PA 252, 2015 PA 84, 2016 PA 268, 2017 PA 107, 2018 PA 207, 2019 PA 57, and 2020 PA 166 are appropriated for expenditure for any site listed in this part and part 1 and any site listed in the public acts referenced in this section.

(5) Unexpended and unencumbered amounts remaining from the appropriations from the strategic water quality initiatives fund contained in 2011 PA 50, 2011 PA 63, 2012 PA 200, 2013 PA 59, 2014 PA 252, 2015 PA 84, 2016 PA 268, 2017 PA 107, and 2018 PA 207 are appropriated for expenditure for any site listed in this part and part 1 and any site listed in the public acts referenced in this section.

Sec. 224. Unexpended settlement revenues at the end of the fiscal year may be carried forward into the settlement fund in the succeeding fiscal year up to a maximum carryforward of $2,500,000.00.

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

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

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

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

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

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


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achieved.

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

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

(b) The purpose for each expenditure.

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

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

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

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

 

REMEDIATION AND REDEVELOPMENT DIVISION

Sec. 305. It is the intent of the legislature to repay the refined petroleum fund for the $70,000,000.00 that was transferred to the environmental protection fund created in section 503a of the natural resources and environmental protection act, 1994 PA 451, MCL 324.503a, as part of the resolution for the fiscal year 2006-2007 budget.

Sec. 306. (1) The funds appropriated in part 1 for the refined petroleum cleanup program shall be used to fund corrective actions


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performed by the department pursuant to section 21320 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.21320.

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

 


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WATER RESOURCES DIVISION

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

Sec. 405. If a certified health department does not exist in a city, county, or district or does not fulfill its responsibilities under part 117 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11701 to 324.11721, then the department may spend funds appropriated in part 1 under the septage waste compliance program in accordance with section 11716 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11716.

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

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

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

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

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


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UNDERGROUND STORAGE TANK AUTHORITY

Sec. 701. The unexpended funds appropriated in part 1 for the underground storage tank cleanup program are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

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

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

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

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

 

MATERIALS MANAGEMENT DIVISION

Sec. 901. In addition to the money appropriated in part 1, the department may receive and expend money from the Volkswagen Environmental Mitigation Trust Agreement to provide funding for activities as outlined within the State's Mitigation Plan. The department shall prepare an annual report to the appropriations subcommittees, the fiscal agencies, and the state budget office by February 1, 2023 of the expenditures incurred under this section during the fiscal year ending September 30, 2022.

 

ONE-TIME APPROPRIATIONS

Sec. 1005. (1) The department shall award grants to local


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health departments to provide free or low-cost water testing to private well owners. Testing offered shall include coliforms, nitrates/nitrites, arsenic, and other contaminants as determined by application.

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

Sec. 1006. (1) From the appropriations in part 1 for high water emergency infrastructure grants, the department shall develop a competitive grant program to provide infrastructure grants that directly address the impacts and vulnerabilities presented by severe weather events.

(2) The infrastructure grants under subsection (1) shall focus on projects that address flooding, coastline erosion, and stormwater management.

(3) Eligible participants in the grant program are regional councils of government and local units of government. A local unit of government may act as a primary project sponsor and fiduciary for a grant that includes partnerships or consortiums with other public or nonprofit organizations.

(4) An infrastructure grant may not exceed $1,000,000.00. A 20% match is required for all grants.

(5) The department shall develop the grant program, selection criteria, timelines, and reporting and other requirements. Grant program information will be published in an accessible location on the department's website. The department may partner with other


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state agencies as necessary to develop and operate the program.

Sec. 1007. From funds appropriated in part 1 for the water resource division, the department shall provide funding for the cooperative lakes monitoring program, in the amount of $150,000.00, to support the continuation of the department's contract for the cooperative lakes monitoring program and to ensure the continued operation of this program.

Sec. 1008. Unless otherwise specified through statute or rule, previous grant awards shall not be used to disqualify applicants from consideration of grant funding opportunities for any grant program offered through the department or made from the funds appropriated in part 1.

Sec. 1009. (1) The funds appropriated in part 1 for the emergency dam safety action fund shall be expended for the following purposes:

(a) $3,000,000.00 for the department to take remedial or corrective action to address significant safety risks posed by dams should the dam owner be unwilling or unable to take remedial or corrective action.

(b) $12,000,000.00 to administer an emergency dam safety grant program for the repair or alteration of a dam, reconstruction of a failed dam, or for planning and design costs associated with those activities.

(i) Grant applicants shall provide a 25% match.

(ii) Grants shall not exceed $1,000,000.00 per applicant.

(2) Unexpended funds are designated as a work project appropriation and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects


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have been completed.

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

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

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

(c) A list of grant recipients, including their location, grant award, and a brief description of action.

Sec. 1011. (1) From the funds appropriated in part 1 for Michigan Water Use Advisory Council (WUAC) Recommendations for water conservation, data collection, and modeling the department shall utilize the following as recommended in the December 2020 report by the WUAC:

(a) $3,000,000.00, in coordination with the United States Geological Survey (USGS), to conduct data collection and mapping to expand geologic information in up to 25 targeted areas in this state, including the priority counties of Allegan, Berrien, Calhoun, Jackson, Montcalm, and Ottawa.

(b) $900,000.00 for the creation of the Michigan Hydrologic Framework.

(c) $485,000.00 for the installation and development of a groundwater monitoring well network.

(d) $259,000.00, in coordination with the USGS, for streamflow gages.


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(e) $200,000.00, in coordination with Michigan State University Extension, to develop and execute an educational program for agricultural water use efficiency.

(f) $125,000.00 for the Michigan Integrated Water Management database.

(g) $55,000.00 to update statewide key aquifer properties for use in the Water Withdrawal Assessment Tool (WWAT).

(h) $50,000.00 to update the user interface for the WWAT.

(i) $50,000.00 for analysis and planning for long-term data collection priorities.

(j) $50,000.00 for a report identifying water conservation programming and policy needs as compared to existing programs at the state and national level.

(k) $40,000.00 for transition probability geostatistical mapping in Cass and Calhoun Counties.

(2) The unexpended funds appropriated in part 1 for water conservation, data collection, and modeling are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed.

Sec. 1013. (1) From the funds appropriated in part 1 for watershed council grants, $600,000.00 in grant funds shall be awarded to watershed councils for education, administration, and conservation efforts. A grant to an individual watershed council shall not exceed $40,000.00.

(2) On or before April 1, the department shall transmit to the appropriations subcommittees, the fiscal agencies, and the state budget office and post on the department's website a report on the


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previous calendar year's activities of the watershed grant program. The report shall include a list of all grantees and award amounts.