HOUSE BILL NO. 6500

November 29, 2022, Introduced by Rep. Alexander and referred to the Committee on Appropriations.

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2023; to provide for certain conditions on appropriations; 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


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Sec. 101. There is appropriated for various state departments and agencies to supplement appropriations for the fiscal year ending September 30, 2023, from the following funds:

APPROPRIATION SUMMARY

 

 

 

GROSS APPROPRIATION

 

$

65,925,000

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

65,925,000

Federal revenues:

 

 

 

Total federal revenues

 

 

47,925,000

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

0

Total other state restricted revenues

 

 

0

State general fund/general purpose

 

$

18,000,000

Sec. 102. DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

GROSS APPROPRIATION

 

$

65,925,000

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

65,925,000

Federal revenues:

 

 

 

Total federal revenues

 

 

47,925,000

Special revenue funds:

 

 

 

Total local revenues

 

 

0


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Total private revenues

 

 

0

Total other state restricted revenues

 

 

0

State general fund/general purpose

 

$

18,000,000

(2) ONE-TIME APPROPRIATIONS

 

 

 

ARP - drilling studies

 

$

32,500,000

ARP - geological data collection

 

 

5,000,000

ARP - geophysical studies

 

 

3,125,000

ARP - integrity monitoring

 

 

3,300,000

ARP - monitoring wells

 

 

4,000,000

Geological data collection

 

 

12,000,000

Michigan geological survey repository for research and education

 

 

6,000,000

GROSS APPROPRIATION

 

$

65,925,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Coronavirus state fiscal recovery fund

 

 

47,925,000

State general fund/general purpose

 

$

18,000,000

 

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 the fiscal year ending September 30, 2023 is $18,000,000.00 and total state spending from state sources to be paid to local units of government is $0.00.

Sec. 202. The appropriations made and expenditures authorized under this part and part 1 and the departments, commissions, boards, offices, and programs for which appropriations are made


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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. Funds appropriated in part 1 are subject to applicable federal audit and reporting requirements. Prompt action must be taken if instances of noncompliance are identified, including noncompliance identified in an audit finding. If any instance of noncompliance is identified, including noncompliance identified in an audit finding, the state budget director shall take necessary and immediate action to rectify it. The state budget director shall notify the senate and house appropriations committees and the senate and house fiscal agencies when an instance of noncompliance is identified.

Sec. 204. Funds appropriated in part 1 from the federal American rescue plan act of 2021, Public Law 117-2, must be allocated and expended in a manner consistent with federal rules and regulations.

Sec. 205. The state budget director shall report on the status of funds appropriated in part 1, and all funds appropriated related to the coronavirus relief effort, to the senate and house appropriations committees and the senate and house fiscal agencies on a monthly basis until all funds are exhausted.

 

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

Sec. 301. (1) Funds appropriated in part 1 for ARP – drilling studies must be used to conduct bedrock drilling to garner raw data that will depict water availability, aggregate location, and PFAS. This state's competitive bidding process must be followed for selection of professional drilling services. Drilling services must be subject to integrity monitoring as described in section 303.


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Drilling studies must be conducted in the following counties, in an order prioritized by the state geologist, the Michigan geological survey, and the technical review committee established under section 307:

(a) Montcalm.

(b) Ottawa.

(c) Allegan.

(d) Jackson.

(e) Branch.

(f) Cass.

(g) Washtenaw.

(h) Oakland.

(i) Ionia.

(j) Van Buren.

(k) Hillsdale.

(l) Gratiot.

(m) Isabella.

(n) Monroe.

(o) Livingston.

(p) Charlevoix.

(q) Macomb.

(r) Lapeer.

(s) Shiawassee.

(t) Delta.

(u) Newago.

(v) Ingham.

(w) Lake.

(x) Lenawee.

(y) Manistee.


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

(3) The unexpended funds appropriated in part 1 for ARP - drilling studies are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for the project under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to conduct drilling to the bedrock to garner raw data that will depict water availability, aggregate location, and PFAS.

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

(c) The total estimated cost of the project is $32,500,000.00.

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

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

Sec. 302. (1) Funds appropriated in part 1 for ARP – geological data collection must be allocated to the Michigan geological survey to conduct data collection and mapping of data obtained from bedrock drilling under section 301. Data collected under this section must be made available to the public, and the data and mapping must be applied to a standardized groundwater database. Mapping must be subject to integrity monitoring as described in section 303.


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(2) The unexpended funds appropriated in part 1 for ARP - geological data collection are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for the project under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to conduct data collection and mapping of data obtained from bedrock drilling.

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

(c) The total estimated cost of the project is $5,000,000.00.

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

Sec. 303. (1) Funds appropriated in part 1 for ARP – integrity monitoring must be used to contract with an integrity oversight monitor to ensure legal compliance, detect misconduct, and promote best practices in the expenditure of funds appropriated under part 1. The integrity oversight monitor must supplement this state's existing compliance control mechanisms to prevent the inefficient expenditure of state funds.

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

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

(4) The department must give the integrity oversight monitor any necessary assistance required by the integrity oversight


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monitor in the performance of the duties of the integrity oversight monitor.

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

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

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

(b) Details of findings of malfeasance or inefficiency.

(c) Recommendations for corrective actions.

(7) The unexpended funds appropriated in part 1 for ARP – integrity monitoring are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for the project under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to contract with an integrity oversight monitor to ensure legal compliance, detect misconduct, and promote best practices in the expenditure of funds appropriated under part 1.

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

(c) The total estimated cost of the project is $3,300,000.00.


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

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

(a) Legal.

(b) Investigative.

(c) Accounting and forensic accounting.

(d) Engineering.

(e) Other professional specialties.

(f) Risk assessment.

(g) Developing compliance system constructs.

(h) Loss prevention.

(i) Monitoring.

(j) Contract managers.

(k) Independent private inspectors general.

Sec. 304. (1) Funds appropriated in part 1 for ARP – monitoring wells must be used to install monitoring wells in all of the following counties:

(a) Barry.

(b) Berrien.

(c) Calhoun.

(d) Cass.

(e) St. Joseph.

(f) Ottawa.

(g) Allegan.

(h) Kalamazoo.


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(i) Remaining counties as prioritized by the Michigan geological survey, the state geologist, and the technical review committee established under section 307.

(2) This state's competitive bidding process must be followed for installment of monitoring wells. Monitoring well installment must be subject to integrity monitoring as described in section 303.

(3) The unexpended funds appropriated in part 1 for ARP – monitoring wells are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for the project under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to install monitoring wells.

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

(c) The total estimated cost of the project is $4,000,000.00.

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

Sec. 305. (1) Funds appropriated in part 1 for ARP – geophysical studies may be used in conjunction with funds appropriated in part 1 for ARP - drilling studies to yield a more enhanced 3-dimensional profile for areas studied under section 301. Services may include 2-dimensional electrical earth resistivity profiling, ground penetrating radar, P-wave seismic reflection profiling, S-wave seismic reflection profiling, multichannel analysis, horizontal vertical spectra ratio (HVSR – passive seismic), and downhole gamma logging. This state's competitive


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bidding process must be followed for selection of professional geophysical services through either private vendors or Michigan universities. Drilling services must be subject to integrity monitoring as described in section 303.

(2) The unexpended funds appropriated in part 1 for ARP – geophysical studies are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for the project under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to yield a more enhanced 3-dimensional profile for areas studied under section 301.

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

(c) The total estimated cost of the project is $3,125,000.00.

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

Sec. 306. (1) Funds appropriated in part 1 for geological data collection must be allocated to the Michigan geological survey to conduct data collection and mapping of data obtained from drilling under section 301. Data collected under this section must be made available to the public, and the data and mapping must be applied to a standardized groundwater database. Mapping must be subject to integrity monitoring as described in section 303.

(2) The unexpended funds appropriated in part 1 for geological data collection are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for the project


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under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to conduct data collection and mapping of data obtained from drilling.

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

(c) The total estimated cost of the project is $12,000,000.00.

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

Sec. 307. (1) From the funds appropriated in part 1, a technical review committee must be established to recommend and review all methods, mapping protocols, and study processes to meet United States Geological Survey standards and protocols. The technical review committee must review contract labor and request for proposal notices and bid awards. The technical review committee must include all of the following members:

(a) The state geologist.

(b) The state hydrogeologist.

(c) The director of the Michigan geological survey.

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

(e) The president of the American Hydrogeology Corporation.

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

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


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and Indiana.

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

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

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

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

(l) The chair of the Michigan agriculture environmental assurance program advisory council cropping system sub-committee.

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

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

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

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

Sec. 308. (1) Funds appropriated in part 1 for Michigan geological survey repository for research and education must be allocated to the Michigan geological survey to purchase a larger facility or expand the current facility located in Kalamazoo, Michigan where core samples from Michigan's subsurface formations and shallow cores from roads, bridges, and infrastructure projects are stored.

(2) The unexpended funds appropriated in part 1 for Michigan


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geological survey repository for research and education are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for the project under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to purchase a larger facility or expand the current facility where core samples are stored.

(b) The project will be accomplished by the allocation of money to the Michigan geological survey.

(c) The total estimated cost of the project is $6,000,000.00.

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