Bill Text: MI HB4397 | 2021-2022 | 101st Legislature | Engrossed

Michigan House Bill 4397 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Appropriations: zero budget; department of environment, Great Lakes, and energy; provide for fiscal year 2021-2022. Creates appropriation act.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2021-06-01 - Referred To Conference Committee 05/27/2021 [HB4397 Detail]

Download: Michigan-2021-HB4397-Engrossed.html

Substitute For

HOUSE BILL NO. 4397

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:

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

Full-time equated unclassified positions	1.0
Full-time equated classified positions	1,423.0
GROSS APPROPRIATION		$	155,603,200
Total interdepartmental grants and intradepartmental transfers			885,900
ADJUSTED GROSS APPROPRIATIONS		$	154,717,300
Federal revenues:
Total federal revenues			42,972,300
Special revenue funds:
Total local revenues			0
Total private revenues			352,700
Total other state restricted revenues			76,076,300
State general fund/general purpose		$	35,316,000
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions	1.0
Full-time equated classified positions	106.0
Unclassified salaries--FTE positions	1.0	$	43,400
Accounting service center			365,900
Administrative hearings officers			227,500
Environmental investigations--FTEs	12.0		637,300
Environmental support--FTEs	56.0		2,094,900
Environmental support projects			1,500,000
Executive direction--FTEs	14.0		585,100
Facilities management			250,000
Financial support--FTEs	24.0		867,800
Property management			1,927,600
GROSS APPROPRIATION		$	8,499,500

Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police			21,700
IDG from state transportation department			30,500
Federal revenues:
Federal funds			151,200
Special revenue funds:
Private funds			187,600
Air emissions fees			238,200
Aquatic nuisance control fund			21,900
Campground fund			7,300
Cleanup and redevelopment fund			532,500
Electronic waste recycling fund			10,600
Environmental education fund			49,100
Environmental pollution prevention fund			146,500
Fees and collections			6,300
Financial instruments			2,030,800
Great Lakes protection fund			12,000
Groundwater discharge permit fees			35,600
Infrastructure construction fund			1,300
Laboratory services fees			144,200
Land and water permit fees			36,300
Medical waste emergency response fund			10,600
Metallic mining surveillance fee revenue			2,700
Mineral well regulatory fee revenue			2,700
Nonferrous metallic mineral surveillance			12,700
NPDES fees			101,800
Oil and gas regulatory fund			200,500

Orphan well fund			24,600
Public swimming pool fund			14,700
Public utility assessments			170,500
Public water supply fees			107,500
Refined petroleum fund			854,300
Renew Michigan fund			745,700
Sand extraction fee revenue			2,700
Scrap tire regulatory fund			58,800
Septage waste program fund			12,000
Settlement funds			250,000
Sewage sludge land application fee			20,000
Soil erosion and sedimentation control training fund			3,400
Solid waste management fund - staff account			273,900
Stormwater permit fees			50,900
Strategic water quality initiatives fund			28,500
Underground storage tank cleanup fund			67,800
Wastewater operator training fees			12,700
Water pollution control revolving fund			15,300
Water use reporting fees			6,000
State general fund/general purpose		$	1,785,600
Sec. 103. OFFICE OF THE GREAT LAKES
Full-time equated classified positions	15.0
Great Lakes restoration initiative--FTEs	9.0	$	1,897,800
Office of the Great Lakes--FTEs	6.0		205,600
GROSS APPROPRIATION		$	2,103,400
Appropriated from:
Federal revenues:

Federal funds			1,904,300
Special revenue funds:
Great Lakes protection fund			126,300
State general fund/general purpose		$	72,800
Sec. 104. WATER RESOURCES DIVISION
Full-time equated classified positions	321.0
Aquatic nuisance control program--FTEs	6.0	$	239,700
Coastal management grants--FTEs	7.0		628,200
Dam safety grant program			1,000,000
Expedited water/wastewater permits--FTEs	1.0		12,800
Federal - Great Lakes remedial action plan grants			146,000
Federal - nonpoint source water pollution grants			1,020,800
Fish contaminant monitoring			79,000
Great Lakes restoration initiative			902,100
Groundwater discharge permit program--FTEs	22.0		835,900
Land and water interface permit programs--FTEs	84.0		3,145,100
Nonpoint source pollution prevention and control project program			500,000
NPDES nonstormwater program--FTEs	83.0		3,405,700
Program direction and project assistance--FTEs	27.0		809,400
Sewage sludge land application program--FTEs	7.0		223,100
Stormwater activities--FTEs	27.5		1,325,700
Surface water--FTEs	51.5		2,162,600
Technology advancements for water monitoring			125,000
Water quality protection grants			25,000
Water withdrawal assessment program--FTEs	5.0		210,700

Wetlands program		250,000
GROSS APPROPRIATION	$	17,046,800
Appropriated from:
Interdepartmental grant revenues:
IDG from state transportation department		333,000
Federal revenues:
Federal funds		6,656,300
Special revenue funds:
Aquatic nuisance control fund		239,700
Clean Michigan initiative fund - clean water fund		654,300
Clean Michigan initiative fund - nonpoint source		500,000
Environmental response fund		145,000
Groundwater discharge permit fees		372,600
Infrastructure construction fund		12,800
Land and water permit fees		848,400
NPDES fees		1,073,600
Refined petroleum fund		112,800
Sewage sludge land application fee		223,500
Soil erosion and sedimentation control training fund		35,100
Stormwater permit fees		564,900
Wastewater operator training fees		76,000
Water pollution control revolving fund		36,700
Water quality protection fund		25,000
Water use reporting fees		64,000
State general fund/general purpose	$	5,073,100

Sec. 105. AIR QUALITY DIVISION
Full-time equated classified positions	187.0
Air quality programs--FTEs	187.0	$	7,604,200
GROSS APPROPRIATION		$	7,604,200
Appropriated from:
Federal revenues:
Federal funds			1,873,300
Special revenue funds:
Air emissions fees			2,634,300
Fees and collections			53,400
Oil and gas regulatory fund			36,900
Public utility assessments			37,500
Refined petroleum fund			939,800
State general fund/general purpose		$	2,029,000
Sec. 106. REMEDIATION AND REDEVELOPMENT DIVISION
Full-time equated classified positions	311.0
Brownfield grants		$	275,000
Contaminated site investigations, cleanup and revitalization--FTEs	130.0		4,769,800
Emergency cleanup actions			500,000
Environmental cleanup support			7,575,000
Federal cleanup project management--FTEs	40.0		1,815,900
Laboratory services--FTEs	42.0		2,105,000
Refined petroleum product cleanup program--FTEs	99.0		8,780,900
Superfund cleanup			250,000
GROSS APPROPRIATION		$	26,071,600
Appropriated from:

Federal revenues:
Federal funds			1,634,500
Special revenue funds:
Brownfield development fund			275,000
Cleanup and redevelopment fund			6,043,300
Environmental response fund			7,685,500
Laboratory services fees			2,024,100
Public water supply fees			80,900
Refined petroleum fund			8,254,600
State general fund/general purpose		$	73,700
Sec. 107. UNDERGROUND STORAGE TANK AUTHORITY
Full-time equated classified positions	5.0
Underground storage tank cleanup program--FTEs	5.0	$	5,017,300
GROSS APPROPRIATION		$	5,017,300
Appropriated from:
Special revenue funds:
Underground storage tank cleanup fund			5,017,300
State general fund/general purpose		$	0
Sec. 108. RENEWING MICHIGAN'S ENVIRONMENT
Full-time equated classified positions	133.0
Mapping and other support--FTEs	5.0	$	998,900
Renewing Michigan's environment program--FTEs	128.0		17,490,600
GROSS APPROPRIATION		$	18,489,500
Appropriated from:
Special revenue funds:
Renew Michigan fund			17,490,600
State general fund/general purpose		$	998,900
Sec. 109. INFORMATION TECHNOLOGY

Information technology services and projects	$	2,394,700
GROSS APPROPRIATION	$	2,394,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police		6,400
IDG from state transportation department		9,200
Federal revenues:
Federal funds		459,700
Special revenue funds:
Private funds		3,800
Air emissions fees		73,000
Aquatic nuisance control fund		6,600
Campground fund		2,200
Cleanup and redevelopment fund		163,600
Electronic waste recycling fund		3,200
Environmental education fund		1,200
Environmental pollution prevention fund		41,800
Fees and collections		1,600
Financial instruments		275,200
Great Lakes protection fund		3,600
Groundwater discharge permit fees		10,400
Infrastructure construction fund		400
Laboratory services fees		43,400
Land and water permit fees		16,600
Medical waste emergency response fund		3,200
Metallic mining surveillance fee revenue		800
Mineral well regulatory fee revenue		800
Nonferrous metallic mineral surveillance		3,800

NPDES fees			30,600
Oil and gas regulatory fund			61,600
Orphan well fund			7,400
Public swimming pool fund			4,400
Public utility assessments			3,200
Public water supply fees			32,400
Refined petroleum fund			265,600
Renew Michigan fund			230,600
Sand extraction fee revenue			800
Scrap tire regulatory fund			17,600
Septage waste program fund			3,600
Sewage sludge land application fee			6,000
Soil erosion and sedimentation control training fund			1,000
Solid waste management fund - staff account			85,200
Stormwater permit fees			15,400
Strategic water quality initiatives fund			8,600
Underground storage tank cleanup fund			20,400
Wastewater operator training fees			3,800
Water pollution control revolving fund			4,600
Water use reporting fees			1,800
State general fund/general purpose		$	459,600
Sec. 110. CLIMATE AND ENERGY
Full-time equated classified positions	3.0
Office of climate and energy--FTEs	3.0	$	65,700
GROSS APPROPRIATION		$	65,700
Appropriated from:
Federal revenues:

Federal funds			12,400
Special revenue funds:
Public utility assessments			9,900
State general fund/general purpose		$	43,400
Sec. 111. DRINKING WATER AND ENVIRONMENTAL HEALTH
Full-time equated classified positions	125.0
Drinking water--FTEs	68.0	$	2,978,900
Drinking water program grants			207,500
Environmental health--FTEs	57.0		1,794,800
Noncommunity water grants			476,400
Septage waste compliance grants			68,800
GROSS APPROPRIATION		$	5,526,400
Appropriated from:
Federal revenues:
Federal funds			2,639,000
Special revenue funds:
Campground fund			77,200
Fees and collections			8,600
Public swimming pool fund			159,100
Public water supply fees			1,081,900
Refined petroleum fund			185,600
Septage waste program fund			124,700
Wastewater operator training fees			65,600
State general fund/general purpose		$	1,184,700
Sec. 112. MATERIALS MANAGEMENT DIVISION
Full-time equated classified positions	129.0

Environmental sustainability and stewardship--FTEs	11.0	$	1,556,000
Hazardous waste management program--FTEs	45.0		1,456,700
Low-level radioactive waste authority--FTEs	2.0		61,600
Medical waste program--FTEs	2.0		80,000
Pollution prevention--FTEs	7.0		577,900
Radiological protection program--FTEs	12.0		508,900
Recycling initiative--FTEs	3.0		255,600
Scrap tire grants			875,000
Scrap tire regulatory program--FTEs	10.0		342,200
Solid waste management program--FTEs	37.0		1,660,600
GROSS APPROPRIATION		$	7,374,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police			430,100
Federal revenues:
Federal funds			1,785,900
Special revenue funds:
Private funds			161,300
Cleanup and redevelopment fund			255,600
Coal ash care fund			64,600
Community pollution prevention fund			62,500
Electronic waste recycling fund			80,000
Energy efficiency and renewable energy revolving loan fund			62,500
Environmental pollution prevention fund			994,600
Medical waste emergency response fund			80,000
Public utility assessments			445,600

Retired engineers technical assistance program fund			122,800
Scrap tire regulatory fund			1,217,200
Small business pollution prevention revolving loan fund			33,600
Solid waste management fund - staff account			1,516,000
Technologically enhanced naturally occurring radioactive material			62,200
State general fund/general purpose		$	0
Sec. 113. OIL, GAS, AND MINERALS DIVISION
Full-time equated classified positions	59.0
Oil, gas, and mineral services--FTEs	59.0	$	2,907,700
GROSS APPROPRIATION		$	2,907,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of licensing and regulatory affairs			55,000
Federal revenues:
Federal funds			37,500
Special revenue funds:
Metallic mining surveillance fee revenue			23,100
Mineral well regulatory fee revenue			52,100
Native copper mine fund			12,500
Nonferrous metallic mineral surveillance			93,100
Oil and gas regulatory fund			934,500
Orphan well fund			583,200
Sand extraction fee revenue			21,500
State general fund/general purpose		$	1,095,200

Sec. 114. WATER INFRASTRUCTURE
Full-time equated classified positions	29.0
Municipal assistance--FTEs	29.0	$	1,251,900
Water state revolving funds			30,000,000
GROSS APPROPRIATION		$	31,251,900
Appropriated from:
Federal revenues:
Federal funds			25,818,200
Special revenue funds:
Revolving loan revenue bonds			3,750,000
Strategic water quality initiatives fund			305,600
Water pollution control revolving fund			128,100
State general fund/general purpose		$	1,250,000
Sec. 115. ONE-TIME APPROPRIATIONS
Dam safety emergency fund		$	15,000,000
PFAS and emerging contaminants			6,250,000
GROSS APPROPRIATION		$	21,250,000
Appropriated from:
Special revenue funds:
State general fund/general purpose		$	21,250,000

part 2

provisions concerning appropriations

for fiscal year 2021-2022

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 $111,392,300.00 and state spending from state sources to be paid to local units of government

for fiscal year 2021-2022 is $8,880,300.00. 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	$	250,000
Dam safety grant program		1,000,000
Emergency cleanup actions		29,000
Environmental health		100,000
Environmental sustainability and stewardship		62,500
Medical waste program		17,500
Noncommunity water grants		475,000
Refined petroleum product cleanup program	$	1,250,000
Renewing Michigan's environment program		5,000,000
Scrap tire grants		500,000
Septage waste compliance grants	$	31,300
Surface water		40,000
Technology advancements for water monitoring		125,000
TOTAL	$	8,880,300

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) "NPDES" means national pollution discharge elimination

system.

Sec. 204. The departments 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 and it shall include placement of reports on an internet site.

Sec. 205. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. 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 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 under this part and part 1. 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 of the 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 November 30, 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. 210. In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,000,000.00 for state restricted contingency authorization. These funds are not

available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

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

Sec. 215. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.

Sec. 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.

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

Sec. 217. Appropriations in part 1 shall, to the extent possible, not be expended by the department until all existing work project authorizations available for the same purposes are 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 part and part 1, 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 part and part 1 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. 220. The department shall report no later than April 1 on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the senate and house appropriations committees, the senate

and house subcommittees on the department budget, the joint committee on administrative rules, and the senate and house fiscal agencies.

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, 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 the department budget, 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.

(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.

(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, 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. 225.(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 amounts 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, 2021 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2021.

(2) As used in this section, "severance pay" means

compensation that is both payable or paid upon the termination of employment and is in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

Sec. 226. Any department, agency, board, commission, subdivision, or other executive branch entity or official of this state that receives funding under part 1 shall not do the following:

(a) Require as a condition of accessing any state services or facilities that an individual provide proof he or she has received a COVID-19 vaccine.

(b) Produce, develop, and issue a COVID-19 vaccine passport for the purpose of certifying that an individual has received a COVID-19 vaccine.

(c) Provide information of an individual's COVID-19 vaccine status to any person, company, or governmental entity for inclusion in a COVID-19 vaccine passport.

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) 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.

(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 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.

(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. 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. 302. From the funds appropriated in part 1 for contaminated site investigations, cleanup, and revitalization, the department shall not expend more than 1% for costs related to

staffing, personnel, or FTE positions.

Sec. 303. The department shall provide a quarterly report to the house and senate subcommittees on the department budget and the state budget director on the contaminated site investigations, revitalization, and 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.

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 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 the department budget 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.

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.

(d) The tentative completion date is September 30, 2025.

Sec. 310. (1) Upon approval by the state budget director, the department may expend from the general fund 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 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.

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

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, 2021.

Sec. 402. (1) From the funds appropriated in part 1 for the dam safety grant program, the department shall award grants for

activities necessary to address an imminent threat or significant risk associated with publicly owned or privately owned dams. Grant applicants must submit an asset management plan for each dam included in the application.

(2) The department shall provide an annual report regarding the activities of the dam safety grant program. The annual report shall be posted online on the department's website and copies emailed to the relevant standing committees of the legislature and its relevant appropriations committees, and a copy shall also be provided to the budget director.

(3) The report shall contain all of the following information:

(a) The program's starting and ending balances.

(b) A list of dams that required emergency action through the program, including:

(i) Location of the dams.

(ii) Owners of the dams.

(iii) Description of actions taken.

(iv) Expenditures made per dam.

(v) Summary of enforcement actions taken and status of fund recovery through enforcement action.

(vi) Summary of expenditures from the program made in previous years, along with the status of fund recovery for each through enforcement actions.

(4) The department may include recommendations for appropriations to the program that reflect anticipated program needs based on the overall dam safety risk portfolio management.

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, 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, 2022 of the expenditures incurred under this section during the fiscal year ending September 30, 2022.

ONE-TIME APPROPRIATIONS

Sec. 1004. (1) The department shall provide an annual report regarding the activities of the dam safety emergency fund. The annual report shall be posted online on the department's website and copies emailed to the relevant standing committees of the legislature and its relevant appropriations committees, and a copy shall also be provided to the budget director.

(2) The report shall contain all of the following information:

(a) The fund's starting and ending balances.

(b) A list of dams that required emergency action through the fund, including:

(i) Location of the dams.

(ii) Owners of the dams.

(iii) Description of actions taken.

(iv) Expenditures made per dam.

(v) Summary of enforcement actions taken and status of fund recovery through enforcement action.

(vi) Summary of expenditures from the fund made in previous years, along with the status of fund recovery for each through enforcement actions.

(3) The department may include recommendations for appropriations to the fund that reflect anticipated fund needs based on the overall dam safety risk portfolio management.

Sec. 1005. The unexpended funds appropriated in part 1 for the dam safety emergency fund 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 activities necessary to address an imminent threat or significant risk associated with publicly owned or privately owned dams, including inspections, evaluations, and investigations under section 31518 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.31518, and emergency actions under section 31521 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.31521.

(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, 2026.

Sec. 1008. (1) From the funds appropriated in part 1 for PFAS and emerging contaminants, the department shall award grants for up to $5,000,000.00 to drinking water systems for contaminant remediation efforts or connection to an alternate system as well as to invest in technologies to address contaminants in public water systems.

(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 PFAS and emerging contaminants funds. The report shall include a list of all grantees and award amounts.