part 1

line-item appropriations

Sec. 101. There is appropriated for the department of environment, Great Lakes, and energy for the fiscal year ending September 30, 2023, from the following funds:

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
APPROPRIATION SUMMARY

Full-time equated unclassified positions	6.0
Full-time equated classified positions	1,264.2
GROSS APPROPRIATION		$	596,296,200
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers			3,406,400
ADJUSTED GROSS APPROPRIATION		$	592,889,800
Federal revenues:
Total federal revenues			185,641,700
Special revenue funds:
Total local revenues			0
Total private revenues			1,415,500
Total other state restricted revenues			327,354,900
State general fund/general purpose		$	78,477,700
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions	6.0
Full-time equated classified positions	85.6
Unclassified salaries--FTE positions	6.0	$	889,700
Accounting service center			1,444,600
Administrative hearings officers			914,800
Environmental investigations--FTEs	11.1		1,988,200
Environmental support--FTEs	35.1		8,676,100
Environmental support projects			6,000,000
Executive direction--FTEs	10.0		2,339,400
Facilities management			987,100
Financial support--FTEs	29.2		3,850,200

Property management		8,461,500
GROSS APPROPRIATION	$	35,551,600
Appropriated from:
Interdepartmental grant revenues:
IDG from Michigan department of state police		88,800
IDG from state transportation department		124,000
Federal revenues:
Federal funds		604,700
Special revenue funds:
Private funds		750,800
Air emissions fees		1,000,900
Aquatic nuisance control fund		89,000
Campground fund		29,700
Cleanup and redevelopment fund		2,225,500
Electronic waste recycling fund		42,900
Environmental education fund		196,400
Environmental pollution prevention fund		597,100
Fees and collections		25,200
Financial instruments		8,826,900
Great Lakes protection fund		48,300
Groundwater discharge permit fees		144,700
Infrastructure construction fund		5,300
Laboratory services fees		589,100
Land and water permit fees		228,700
Medical waste emergency response fund		42,900
Metallic mining surveillance fee revenue		10,800
Mineral well regulatory fee revenue		10,800
Nonferrous metallic mineral surveillance		51,200

NPDES fees			414,200
Oil and gas regulatory fund			844,800
Orphan well fund			99,700
Public swimming pool fund			59,100
Public utility assessments			697,100
Public water supply fees			437,100
Refined petroleum fund			3,580,800
Renew Michigan fund			3,122,000
Sand extraction fee revenue			10,700
Scrap tire regulatory fund			239,400
Septage waste program fund			48,300
Settlement funds			1,000,000
Sewage sludge land application fees			81,400
Soil erosion and sedimentation control training fund			13,500
Solid waste management fund - staff account			1,151,900
Stormwater permit fees			207,400
Strategic water quality initiatives fund			115,500
Underground storage tank cleanup fund			275,800
Wastewater operator training fees			51,300
Water pollution control revolving fund			61,200
Water use reporting fees			23,900
State general fund/general purpose		$	7,282,800
Sec. 103. OFFICE OF THE GREAT LAKES
Full-time equated classified positions	13.4
Great Lakes restoration initiative--FTEs	10.6	$	7,631,600
Office of the Great Lakes--FTEs	2.8		816,700
GROSS APPROPRIATION		$	8,448,300

Appropriated from:
Federal revenues:
Federal funds			7,657,600
Special revenue funds:
Great Lakes protection fund			506,300
State general fund/general purpose		$	284,400
Sec. 104. WATER RESOURCES DIVISION
Full-time equated classified positions	287.9
Aquatic nuisance control program--FTEs	7.5	$	982,200
Coastal management grants--FTEs	5.6		2,512,300
Expedited water/wastewater permits--FTEs	4.0		52,400
Federal - Great Lakes remedial action plan grants			583,800
Federal - nonpoint source water pollution grants			4,083,300
Fish contaminant monitoring			316,100
Great Lakes restoration initiative--FTEs	0.0		3,608,500
Groundwater discharge permit program--FTEs	18.6		3,326,900
Land and water interface permit programs--FTEs	87.9		17,681,400
Nonpoint source pollution prevention and control project program			2,000,000
NPDES nonstormwater program--FTEs	79.5		15,355,200
Program direction and project assistance--FTEs	9.6		3,204,800
Sewage sludge land application program--FTEs	2.4		903,400
Stormwater activities--FTEs	31.6		5,768,600
Surface water--FTEs	26.1		8,978,100
Technology advancements for water monitoring			475,000
Water quality protection grants			100,000

Water withdrawal assessment program--FTEs	5.9		834,500
Wetlands program--FTEs	9.2		971,200
GROSS APPROPRIATION		$	71,737,700
Appropriated from:
Interdepartmental grant revenues:
IDG from state transportation department			1,363,900
Federal revenues:
Federal funds			26,976,300
Special revenue funds:
Aquatic nuisance control fund			982,200
Clean Michigan initiative fund - clean water fund			2,617,100
Clean Michigan initiative fund - nonpoint source			2,000,000
Environmental response fund			590,000
Groundwater discharge permit fees			1,521,100
Infrastructure construction fund			52,400
Land and water permit fees			2,445,100
NPDES fees			4,384,500
Refined petroleum fund			456,000
Sewage sludge land application fees			905,200
Soil erosion and sedimentation control training fund			142,300
Stormwater permit fees			2,291,300
Wastewater operator training fees			311,400
Water pollution control revolving fund			151,600
Water quality protection fund			100,000
Water use reporting fees			262,200

State general fund/general purpose		$	24,185,100
Sec. 105. AIR QUALITY DIVISION
Full-time equated classified positions	170.4
Air quality programs--FTEs	170.4	$	30,641,000
GROSS APPROPRIATION		$	30,641,000
Appropriated from:
Federal revenues:
Federal funds			7,663,900
Special revenue funds:
Air emissions fees			10,701,200
Fees and collections			213,400
Oil and gas regulatory fund			147,600
Public utility assessments			150,000
Refined petroleum fund			3,841,000
State general fund/general purpose		$	7,923,900
Sec. 106. REMEDIATION AND REDEVELOPMENT DIVISION
Full-time equated classified positions	275.2
Brownfield grants		$	1,100,000
Contaminated site investigations, cleanup and revitalization--FTEs	104.2		21,929,400
Emergency cleanup actions			2,000,000
Environmental cleanup support			1,000,000
Environmental cleanup and redevelopment program			27,600,000
Federal cleanup project management--FTEs	34.3		7,387,100
Laboratory services--FTEs	42.0		8,535,700
Refined petroleum product cleanup program--FTEs	94.7		35,386,000
Superfund cleanup			11,000,000
GROSS APPROPRIATION		$	115,938,200

Appropriated from:
Federal revenues:
Federal funds			16,616,200
Special revenue funds:
Brownfield development fund			1,100,000
Cleanup and redevelopment fund			54,722,700
Environmental response fund			1,442,100
Laboratory services fees			8,208,000
Public water supply fees			327,700
Refined petroleum fund			33,241,600
State general fund/general purpose		$	279,900
Sec. 107. UNDERGROUND STORAGE TANK AUTHORITY
Full-time equated classified positions	8.7
Underground storage tank cleanup program--FTEs	8.7	$	20,098,000
GROSS APPROPRIATION		$	20,098,000
Appropriated from:
Federal funds
Special revenue funds:
Private funds
Underground storage tank cleanup fund			20,098,000
State general fund/general purpose		$	0
Sec. 108. RENEWING MICHIGAN'S ENVIRONMENT
Full-time equated classified positions	114.7
Information Management--FTEs	5.1	$	3,813,500
Renew Michigan program--FTEs	109.6		70,255,200
GROSS APPROPRIATION		$	74,068,700
Appropriated from:
Interdepartmental grant revenues:

IDG from Michigan department of state police
IDG from state transportation department
Federal revenues:
Federal funds
Special revenue funds:
Private funds
Air emissions fees
Aquatic nuisance control fund
Campground fund
Cleanup and redevelopment fund
Electronic waste recycling fund
Environmental education fund
Environmental pollution prevention fund
Fees and collections
Financial instruments
Great Lakes protection fund
Groundwater discharge permit fees
Laboratory services fees
Land and water permit fees
Medical waste emergency response fund
Nonferrous metallic mineral surveillance
NPDES fees
Oil and gas regulatory fund
Orphan well fund
Public swimming pool fund
Public utility assessments
Public water supply fees
Refined petroleum fund

Renew Michigan fund			70,255,200
Scrap tire regulatory fund
Septage waste program fund
Sewage sludge land application fee
Soil erosion and sedimentation control training fund
Solid waste management fund, staff account
Stormwater permit fees
Strategic water quality initiatives fund
Underground storage tank cleanup fund
Wastewater operator training fees
Water pollution control revolving fund
Water use reporting fees
State general fund/general purpose		$	3,813,500
Sec. 109. INFORMATION TECHNOLOGY
Full-time equated classified positions	4.8
Information technology services and projects--FTEs	4.8	$	9,627,300
GROSS APPROPRIATION		$	9,627,300
Appropriated from:
Interdepartmental grant revenues:
IDG from Michigan department of state police			25,600
IDG from state transportation department			36,800
Federal revenues:
Federal funds			1,891,800
Special revenue funds:
Private funds			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			1,153,600
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
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
State general fund/general purpose		$	1,780,800
Sec. 110. CLIMATE AND ENERGY
Office of climate and energy--FTEs	0.0	$	254,200
GROSS APPROPRIATION		$	254,200
Appropriated from:
Federal revenues:
Federal funds			49,700
Special revenue funds:
Public utility assessments			39,700
State general fund/general purpose		$	164,800
Sec. 111. DRINKING WATER AND ENVIRONMENTAL HEALTH
Full-time equated classified positions	121.9
Drinking water--FTEs	85.2	$	12,082,600
Drinking water program grants			830,000
Environmental health--FTEs	36.7		9,102,000
Lead line replacement--FTEs	0.0		187,000
Noncommunity water grants			1,905,700

Septage waste compliance grants			125,000
GROSS APPROPRIATION		$	24,232,300
Appropriated from:
Federal revenues:
Federal funds			12,268,100
Special revenue funds:
Campground fund			311,300
Fees and collections			34,500
Public swimming pool fund			641,800
Public water supply fees			4,393,500
Refined petroleum fund			761,100
Septage waste program fund			601,200
Wastewater operator training fees			264,800
State general fund/general purpose		$	4,956,000
Sec. 112. MATERIALS MANAGEMENT DIVISION
Full-time equated classified positions	117.3
Energy efficiency revolving fund		$	0
Environmental sustainability and stewardship-- FTEs	6.7		6,248,900
Hazardous waste management program-- FTEs	47.8		6,243,100
Low-level radioactive waste authority-- FTEs	0.7		248,300
Medical waste program-- FTEs	1.3		325,700
Pollution prevention-- FTEs	4.9		2,330,800
Radiological protection program-- FTEs	9.1		1,860,900
Recycling initiative-- FTEs	5.8		1,046,400
Scrap tire grants			3,500,000
Scrap tire regulatory program--FTEs	7.5		1,388,600
Solid waste management program--FTEs	33.5		6,771,400

GROSS APPROPRIATION		$	29,964,100
Appropriated from:
Interdepartmental grant revenues:
IDG from Michigan department of state police			1,544,200
Federal revenues:
Federal funds			7,204,800
Special revenue funds:
Private funds			649,500
Cleanup and redevelopment fund			1,046,400
Coal ash care fund			262,300
Community pollution prevention fund			250,000
Electronic waste recycling fund			325,200
Energy efficiency and renewable energy revolving loan fund			250,100
Environmental pollution prevention fund			4,063,300
Medical waste emergency response fund			325,700
Public utility assessments			1,796,400
Retired engineers technical assistance program fund			491,200
Scrap tire regulatory fund			4,888,600
Small business pollution prevention revolving loan fund			134,400
Solid waste management fund - staff account			6,183,900
Technologically enhanced naturally occurring radioactive material			453,100
State general fund/general purpose		$	95,000
Sec. 113. OIL, GAS, AND MINERALS DIVISION
Full-time equated classified positions	48.7

Oil, gas, and mineral services--FTEs	48.7	$	11,619,700
GROSS APPROPRIATION		$	11,619,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of licensing and regulatory affairs			223,100
Federal revenues:
Federal funds			153,100
Special revenue funds:
Metallic mining surveillance fee revenue			92,500
Mineral well regulatory fee revenue			214,000
Native copper mine fund			50,000
Nonferrous metallic mineral surveillance			376,900
Oil and gas regulatory fund			3,803,400
Orphan well fund			2,341,700
Sand extraction fee revenue			88,400
State general fund/general purpose		$	4,276,600
Sec. 114. WATER INFRASTRUCTURE
Full-time equated classified positions	15.6
Municipal assistance--FTEs	15.6	$	6,509,300
Water state revolving funds			120,000,000
GROSS APPROPRIATION		$	126,509,300
Appropriated from:
Federal revenues:
Federal funds			104,555,500
Special revenue funds:
Revolving loan revenue bonds			15,000,000
Strategic water quality initiatives fund			1,226,600

Water pollution control revolving fund		727,200
State general fund/general purpose	$	5,000,000
Sec. 115. ONE-TIME APPROPRIATIONS
Cooperative lakes monitoring program		150,000
Geologic data collection		1,684,900
Private well testing		5,000,000
Refined petroleum product cleanup program		19,170,900
Sea Wall Project		1,000,000
Watershed council grants		600,000
Wetland mitigation grants		10,000,000
GROSS APPROPRIATION	$	37,605,800
Appropriated from:
Federal revenues:
Federal funds
Special revenue funds:
Refined petroleum fund		19,170,900
State general fund/general purpose	$	18,434,900

part 2

provisions concerning appropriations

for fiscal year

general sections

Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for the fiscal year 2022-2023 is $405,832,600.00 and state spending from state sources to be paid to local units of government for the fiscal year 2022-2023 is $35,716,000.00. The itemized statement below identifies appropriations from which spending to

local units of government will occur:

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
Brownfield grants	$	1,000,000
Emergency cleanup actions		116,000
Environmental health		400,000
Environmental sustainability and stewardship		100,000
Medical waste program		70,000
Noncommunity water grants		2,000,000
Pollution prevention		200,000
Private well testing		5,000,000
Refined petroleum product cleanup program		5,000,000
Renewing Michigan's environment		20,000,000
Scrap tire grants		1,000,000
Septage waste compliance grants		130,000
Surface water		200,000
Technology advancements for water monitoring		500,000
TOTAL	$	35,716,000

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

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

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

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

(d) "IDG" means interdepartmental grant.

(e) "IIJA" means the infrastructure investment and jobs act, Public Law 117-58.

(f) "NPDES" means the national pollutant discharge elimination system.

Sec. 204. The department and agencies receiving appropriations in part 1 shall use the internet to fulfill the reporting requirements of this part. This requirement shall include transmission of reports via email to the recipients identified for each reporting requirement, or it shall include placement of reports on an internet site.

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

(a) The funds must not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available.

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

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

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

Sec. 207. Consistent with section 217 of the management and budget act, 1984 PA 431, MCL 18.1217, the department receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director. The report shall include the following information:

(a) The dates of each travel occurrence.

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

Sec. 208. Funds appropriated in part 1 may be used by a principal executive department, state agency, or authority to hire a person to provide legal services that the attorney general has the responsibility or the discretion to provide. A principal executive department, state agency, or authority may request reimbursement from the office of attorney general for costs incurred for the purposes of hiring outside counsel to provide legal services.

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, 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:

(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 chairpersons of the senate and house appropriations committees, the chairpersons of the senate and house appropriations subcommittees on natural resources and environment, Great Lakes, and energy, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2022 and September 30, 2023.

Sec. 213. The department shall maintain, on a publicly

accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department's performance.

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

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

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

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

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

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

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

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

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

Sec. 218. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this article, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, intertransfer funds within this article for the particular department, board, commission, officer, or institution.

Sec. 221. (1) From the funds appropriated in part 1, the department shall do all of the following:

(a) Report to the house and senate appropriations committees, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office any amount of severance pay for a department director, deputy director, or other high‐ranking department official not later than 14 days after a severance agreement with the director or official is signed. The name of the director or official and the amount of severance pay must be included in the report required by this subdivision.

(b) Maintain an internet site that posts any severance pay in excess of 6 weeks of wages, regardless of the position held by the former department employee receiving severance pay.

(c) By February 1, report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on the total amount of severance pay

remitted to former department employees during the fiscal year ending September 30, 2022 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2022.

(2) As used in this section, "severance pay" means compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

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

(2) Unexpended and unencumbered amounts remaining from appropriations from the clean Michigan initiative fund - response activities contained in 2011 PA 63, 2013 PA 59, 2014 PA 252, 2015 PA 84, 2016 PA 268, and 2017 PA 107 are appropriated for expenditure.

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

(4) Unexpended and unencumbered amounts remaining from the appropriations from the strategic water quality initiatives fund contained in 2011 PA 50, 2011 PA 63, 2012 PA 200, 2013 PA 59, 2014

PA 252, 2015 PA 84, 2016 PA 268, 2017 PA 107, and 2018 PA 207 are appropriated for expenditure.

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

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

(7) Unexpended and unencumbered amounts remaining from the appropriations from the general fund contained in 2021 PA 87 are appropriated for expenditure.

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

Sec. 225. (1) Funds appropriated in part 1 shall not be used by the department to promulgate a rule that will apply to a small business and that will have a disproportionate economic impact on small businesses because of the size of those businesses if the department fails to reduce the disproportionate economic impact of the rule on small businesses as provided under section 40 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.240.

(2) As used in this section:

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

(b) "Small business" means that term as defined under section

7a of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207a.

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

(2) The report must contain the following information:

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

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

(d) The estimated date for project completion.

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

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

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

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

(b) The purpose for each expenditure.

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

(e) The job titles and number of departmental FTEs engaged in

the Flint declaration of emergency response effort.

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

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

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

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

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

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

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

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

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

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

REMEDIATION AND REDEVELOPMENT DIVISION

Sec. 301. Revenues remaining in the laboratory services fees fund at the end of the fiscal year shall carry forward into the succeeding fiscal year.

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

Sec. 306. The funds appropriated in part 1 for the refined petroleum cleanup program shall be used to fund corrective actions performed by the department pursuant to section 21320 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.21320.

Sec. 308. The unexpended funds appropriated in part 1 for emergency cleanup actions, environmental cleanup support, brownfield grants, and the refined petroleum product cleanup

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

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

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

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

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

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

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

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

WATER RESOURCES DIVISION

Sec. 401. From the funds appropriated in part 1 for land and water interface permit programs, not less than $350,000.00 and not fewer than 2.0 FTE positions are allocated for dam safety programs. These amounts are in addition to any funding and FTEs utilized for this purpose in the fiscal year ending September 30, 2022.

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

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

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

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

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

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

UNDERGROUND STORAGE TANK AUTHORITY

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

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

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

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

RENEWING MICHIGAN'S ENVIRONMENT

Sec. 801. The unexpended funds appropriated in part 1 for the renew Michigan program are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

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

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

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

MATERIALS MANAGEMENT DIVISION

Sec. 901. In addition to the money appropriated in part 1, the department may receive and expend money from the Volkswagen Environmental Mitigation Trust Agreement to provide funding for activities as outlined within the State's Mitigation Plan. The department shall prepare an annual report to the appropriations subcommittees, the fiscal agencies, and the state budget office by February 1, 2024 of the expenditures incurred under this section during the fiscal year ending September 30, 2023.

ONE-TIME APPROPRIATIONS

Sec. 1001. From funds appropriated in part 1 for the cooperative lakes monitoring program, the department shall provide funding 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. 1002. (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 previous calendar year's activities of the watershed grant program. The report shall include a list of all grantees and award amounts.

Sec. 1003. The funds appropriated in part 1 for seawall

construction project are directed to a city with a population between 35,000 and 39,000 according to the most recent federal decennial census for the completion of a seawall to provide public access for recreation purposes.

Sec. 1004. From the funds appropriated in part 1 for geologic data collection, the department shall make $1,684,900.00 available to the Michigan Geological Survey (MGS) to conduct data collection mapping to expand geologic information in up to 25 targeted areas in this state.

Sec. 1005. (1) From the funds appropriated in part 1 for the remediation and redevelopment division, the department shall designate $10,000,000.00 in funding to cover costs associated with the planning and construction for the buffalo reef project.

(2) The unexpended portion of funds appropriated for buffalo reef project is considered 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 expenditure for the project under this section until the project has been completed. The following is in compliance with section 451a(1) of the management and budget act, 1984, PA 431, MCL 18.1451a:

(a) The purpose of the project is to build a coal dock jetty for the dredging of stamp sands from Lake Superior in Gay, Michigan.

(b) The project will be accomplished by utilizing all of the following:

(i) Federal resources, state resources, contracts, or grants.

(ii) Railroad corridor title work and property acquisition.

(iii) Final disposal area property acquisition.

(iv) Final disposal area design.

(v) Additional maintenance dredging of the trough and Grand Traverse Harbor to protect the reef.

(vi) Continued physical surveys of the stamp sands and reef.

(d) The tentative completion date is September 30, 2024.

Sec. 1006. (1) From the funds appropriated in part 1 for wetland mitigation grants, the department shall award grants to provide assistance for wetland mitigation actions, including the purchase of wetland mitigation banking credits when available. Grant applicants must provide a 20% match. The grant program would provide assistance to those with approved wetland mitigation requirements resulting from permit applications under part 303 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.30301 to 324.30328.

(2) The grant agreement must contain terms established by the department and the requirement that the grant recipient repay the grant, within 90 days of being informed to do so, with interest at a rate not to exceed 8% per year, in the event that the permit is not issued in accordance with part 303 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.30301 to 324.30328.

Sec. 1007. (1) From the funds appropriated in part 1 for private well testing, the department shall award grants to local 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.