Bill Text: MI SB0759 | 2023-2024 | 102nd Legislature | Engrossed

Michigan Senate Bill 759

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

Bill Title: Appropriations: department of natural resources; appropriations for fiscal year 2024-2025; provide for. Creates appropriation act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-11 - Referred To Conference Committee [SB0759 Detail]

Download: Michigan-2023-SB0759-Engrossed.html

Substitute For

SENATE BILL NO. 759

A bill to make, supplement, adjust, and consolidate appropriations for the department of natural resources for the fiscal year ending September 30, 2025; to provide for certain conditions on appropriations; 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 natural resources for the fiscal year ending September 30, 2025, from the following funds:

DEPARTMENT OF NATURAL RESOURCES
APPROPRIATION SUMMARY

Full-time equated unclassified positions	6.0
Full-time equated classified positions	2,535.8
GROSS APPROPRIATION		$	562,855,900
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers			207,000
ADJUSTED GROSS APPROPRIATION		$	562,648,900
Federal revenues:
Total federal revenues			96,449,500
Special revenue funds:
Total local revenues			0
Total private revenues			9,609,200
Total other state restricted revenues			372,233,200
State general fund/general purpose		$	84,357,000
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions	6.0
Full-time equated classified positions	150.1
Unclassified salaries--FTEs	6.0	$	964,400
Accounting service center			1,652,200
Executive direction--FTEs	11.6		2,326,600
Finance and operations--FTEs	110.5		18,701,600
Gifts and pass-through transactions			5,003,600
Legal services--FTEs	4.0		704,800
Minerals Management--FTEs	20.0		3,080,500
Natural resources commission			77,100
Office of public lands--FTEs	4.0		1,478,200

Property management		3,440,600
GROSS APPROPRIATION	$	37,429,600
Appropriated from:
Interdepartmental grant revenues:
IDG, land acquisition services-to-work orders		207,000
Federal revenues:
Federal funds		449,100
Special revenue funds:
Private funds		5,003,600
Deer habitat reserve		168,100
Forest development fund		4,673,600
Forest land user charges		8,000
Forest recreation account		55,200
Game and fish protection fund		8,146,200
Land exchange facilitation and management fund		4,553,700
Local public recreation facilities fund		226,300
Marine safety fund		887,200
Michigan natural resources trust fund		1,679,100
Michigan state parks endowment fund		4,348,800
Michigan state waterways fund		933,500
Nongame wildlife fund		14,100
Off-road vehicle safety education fund		700
Off-road vehicle trail improvement fund		245,800
Park improvement fund		2,114,000
Public use and replacement deed fees		30,200
Recreation improvement account		89,800
Snowmobile registration fee revenue		51,100
Snowmobile trail improvement fund		133,100

Sportsmen against hunger fund			500
Turkey permit fees			81,000
Waterfowl fees			3,400
Wildlife resource protection fund			44,600
State general fund/general purpose		$	3,281,900
Sec. 103. DEPARTMENT INITIATIVES
Full-time equated classified positions	21.0
Great Lakes restoration initiative		$	2,904,200
Invasive species prevention and control--FTEs	21.0		7,109,200
GROSS APPROPRIATION		$	10,013,400
Appropriated from:
Federal revenues:
Federal funds			2,904,200
State general fund/general purpose		$	7,109,200
Sec. 104. COMMUNICATION AND CUSTOMER SERVICES
Full-time equated classified positions	132.8
Cultural resource management--FTEs	2.0	$	1,009,100
Marketing and outreach--FTEs	88.8		17,476,700
Michigan historical center--FTEs	42.0		6,446,400
Michigan wildlife council			1,400,000
Sportsmen Against Hunger donation matching			485,800
GROSS APPROPRIATION		$	26,818,000
Appropriated from:
Federal revenues:
Federal funds			2,654,700
State park improvement, federal			322,200
Special revenue funds:
Forest development fund			172,900

Forest recreation account			18,600
Game and fish protection fund			9,239,300
Land exchange facilitation and management fund			51,400
Marine safety fund			39,100
Michigan historical center operations fund			1,220,200
Michigan state parks endowment fund			119,600
Michigan state waterways fund			163,900
Nongame wildlife fund			11,900
Off-road vehicle trail improvement fund			118,400
Park improvement fund			4,395,300
Recreation passport fees			689,700
Snowmobile registration fee revenue			21,300
Snowmobile trail improvement fund			105,100
Sportsmen against hunger fund			250,000
Wildlife management public education fund			1,400,000
Youth hunting and fishing education and outreach fund			43,500
State general fund/general purpose		$	5,780,900
Sec. 105. WILDLIFE MANAGEMENT
Full-time equated classified positions	230.5
Natural resources heritage--FTEs	9.0	$	659,200
Wildlife management--FTEs	221.5		47,802,600
GROSS APPROPRIATION		$	48,461,800
Appropriated from:
Federal revenues:
Federal funds			26,472,600
Special revenue funds:
Private funds			315,700

Cervidae licensing and inspection fees			85,100
Deer habitat reserve			1,824,600
Forest development fund			277,600
Game and fish protection fund			12,984,400
Nongame wildlife fund			480,700
Pheasant hunting license fees			175,000
Turkey permit fees			1,098,000
Waterfowl fees			114,100
State general fund/general purpose		$	4,634,000
Sec. 106. FISHERIES MANAGEMENT
Full-time equated classified positions	227.5
Aquatic resource mitigation--FTEs	2.0	$	737,200
Fish production--FTEs	63.0		11,016,400
Fisheries resource management--FTEs	162.5		23,718,100
GROSS APPROPRIATION		$	35,471,700
Appropriated from:
Federal revenues:
Federal funds			12,127,700
Special revenue funds:
Private funds			136,700
Fisheries settlement			737,100
Game and fish protection fund			21,255,200
Invasive species fund			100
State general fund/general purpose		$	1,214,900
Sec. 107. LAW ENFORCEMENT
Full-time equated classified positions	298.0
Body cameras for conservation officers--FTEs	5.0	$	857,500
General law enforcement--FTEs	293.0		54,037,500

State employees retirement system implementation costs			800,000
GROSS APPROPRIATION		$	55,695,000
Appropriated from:
Federal revenues:
Federal funds			7,242,000
Special revenue funds:
Cervidae licensing and inspection fees			55,300
Forest development fund			47,000
Forest recreation account			75,500
Game and fish protection fund			22,243,900
Marine safety fund			1,447,600
Michigan state parks endowment fund			73,900
Michigan state waterways fund			22,500
Off-road vehicle safety education fund			177,700
Off-road vehicle trail improvement fund			2,966,900
Park improvement fund			75,500
Snowmobile registration fee revenue			752,900
Wildlife resource protection fund			1,202,300
State general fund/general purpose		$	19,312,000
Sec. 108. PARKS AND RECREATION DIVISION
Full-time equated classified positions	1,102.4
Forest recreation and trails--FTEs	86.7	$	12,587,800
MacMullan Conference Center--FTEs	15.0		1,252,200
Michigan conservation corps			935,000
Nature awaits--FTEs	13.8		3,045,300
Recreational boating--FTEs	181.3		23,830,400
State parks--FTEs	805.6		106,948,500

GROSS APPROPRIATION		$	148,599,200
Appropriated from:
Federal revenues:
Federal funds			144,200
Michigan state waterways fund, federal			1,747,800
Special revenue funds:
Private funds			428,300
Forest recreation account			7,192,600
Game and fish protection fund			0
MacMullan Conference Center account			1,252,200
Michigan state parks endowment fund			11,470,900
Michigan state waterways fund			22,109,200
Off-road vehicle safety education fund			7,700
Off-road vehicle trail improvement fund			2,229,100
Park improvement fund			90,815,400
Park improvement fund, Belle Isle subaccount			875,000
Pure Michigan trails fund			100
Recreation improvement account			585,500
Recreation passport fees			220,300
Snowmobile registration fee revenue			16,800
Snowmobile trail improvement fund			2,019,500
State general fund/general purpose		$	7,484,600
Sec. 109. MACKINAC ISLAND STATE PARK COMMISSION
Full-time equated classified positions	17.0
Historical facilities system--FTEs	13.0	$	1,913,300
Mackinac Island State Park operations--FTEs	4.0		342,300
GROSS APPROPRIATION		$	2,255,600
Appropriated from:

Special revenue funds:
Mackinac Island State Park fund			1,697,500
Mackinac Island State Park operation fund			136,400
State general fund/general purpose		$	421,700
Sec. 110. FOREST RESOURCES DIVISION
Full-time equated classified positions	356.5
Adopt-a-forest program		$	25,000
Cooperative resource programs--FTEs	11.0		1,650,600
Forest fire equipment			931,500
Forest management and timber market development--FTEs	200.0		46,586,100
Forest management initiatives--FTEs	8.5		944,200
Wildfire protection--FTEs	137.0		22,019,000
GROSS APPROPRIATION		$	72,156,400
Appropriated from:
Federal revenues:
Federal funds			5,307,400
Federal national forest timber fund			9,101,000
Special revenue funds:
Private funds			1,624,900
Commercial forest fund			26,000
Fire equipment fund			675,800
Forest development fund			42,291,800
Forest land user charges			246,000
Game and fish protection fund			832,800
Michigan state waterways fund			55,000
State general fund/general purpose		$	11,995,700
Sec. 111. GRANTS

Dam management grant program	$	350,000
Deer habitat improvement partnership initiative		200,000
Federal - clean vessel act grants		400,000
Federal - forest stewardship grants		2,000,000
Federal - rural community fire protection		1,050,000
Federal - urban forestry grants		900,000
Fisheries habitat improvement grants		1,250,000
Grants to communities - federal oil, gas, and timber payments		3,450,000
Grants to counties - marine safety		3,074,700
National recreational trails		3,909,200
Nonmotorized trail development and maintenance grants		200,000
Off-road vehicle safety training grants		60,000
Off-road vehicle trail improvement grants		5,415,500
Recreation improvement fund grants		916,800
Recreation passport local grants		3,719,000
Snowmobile law enforcement grants		380,100
Snowmobile local grants program		7,090,400
Trail easements		700,000
Wildlife habitat improvement grants		1,502,500
GROSS APPROPRIATION	$	36,568,200
Appropriated from:
Federal revenues:
Federal funds		13,276,600
Special revenue funds:
Private funds		100,000
Deer habitat reserve		200,000

Game and fish protection fund		2,752,500
Local public recreation facilities fund		3,719,000
Marine safety fund		1,407,300
Off-road vehicle safety education fund		60,000
Off-road vehicle trail improvement fund		5,415,500
Permanent snowmobile trail easement fund		700,000
Recreation improvement account		916,800
Snowmobile registration fee revenue		380,100
Snowmobile trail improvement fund		7,090,400
State general fund/general purpose	$	550,000
Sec. 112. INFORMATION TECHNOLOGY
Information technology services and projects	$	10,769,100
GROSS APPROPRIATION	$	10,769,100
Appropriated from:
Federal revenues:
Special revenue funds:
Commercial forest fund		2,100
Deer habitat reserve		61,600
Forest development fund		1,567,700
Forest land user charges		23,900
Forest recreation account		43,800
Game and fish protection fund		3,916,600
Land exchange facilitation and management fund		30,600
Marine safety fund		165,200
Michigan natural resources trust fund		24,600
Michigan state parks endowment fund		1,357,600
Michigan state waterways fund		506,400
Nongame wildlife fund		30,500

Off-road vehicle safety education fund		10,400
Off-road vehicle trail improvement fund		24,300
Park improvement fund		1,513,500
Pure Michigan trails fund		100
Recreation improvement account		49,200
Snowmobile registration fee revenue		11,600
Snowmobile trail improvement fund		75,500
Sportsmen against hunger fund		600
Turkey permit fees		33,800
Waterfowl fees		3,300
Wildlife resource protection fund		42,100
Youth hunting and fishing education and outreach fund		2,000
State general fund/general purpose	$	1,272,100
Sec. 113. CAPITAL OUTLAY
(1) RECREATIONAL LANDS AND INFRASTRUCTURE
Federal - land and water conservation fund payments	$	12,900,000
Off-road vehicle trail development and maintenance		1,000,000
Snowmobile trail development and maintenance		1,000,000
State parks repair and maintenance		29,117,900
Wetland restoration, enhancement and acquisition		5,000,000
GROSS APPROPRIATION	$	49,017,900
Appropriated from:
Federal revenues:
Federal funds		12,900,000

Special revenue funds:
Private funds
Michigan state parks endowment fund		4,600,000
Off-road vehicle trail improvement fund		1,000,000
Recreation passport fees		23,017,900
Snowmobile trail improvement fund		1,000,000
Waterfowl hunt stamp		1,000,000
State general fund/general purpose	$	5,500,000
(2) WATERWAYS BOATING PROGRAM
Local boating infrastructure maintenance and improvements	$	3,500,000
State boating infrastructure maintenance		8,300,000
GROSS APPROPRIATION	$	11,800,000
Appropriated from:
Federal revenues:
Federal funds		1,500,000
Michigan state waterways fund, federal		300,000
Special revenue funds:
Michigan state waterways fund		10,000,000
State general fund/general purpose	$	0
Sec. 114. ONE-TIME APPROPRIATIONS
America 250 Commission grants		5,000,000
American chestnut restoration initiative		500,000
Flood insurance pilot initiative		4,000,000
Mass timber market development		2,000,000
Michigan History Center - America 250 initiatives		5,000,000
Phragmites management equipment		499,700

Sportsmen Against Hunger disease testing		250,000
Sportsmen Against Hunger refrigeration units		550,000
ADA park accessibility grants		100
Mackinac Island State Park		100
Washtenaw Border-to-Border Trail		100
GROSS APPROPRIATION	$	17,800,000
Appropriated from:
Special revenue funds:
Private funds		2,000,000
State general fund/general purpose	$	15,800,000

part 2

provisions concerning appropriations

for fiscal year 2024-2025

general sections

Sec. 201. In accordance with section 30 of article IX of the state constitution of 1963, for the fiscal year ending September 30, 2025, total state spending under part 1 from state sources is $456,590,200.00 and state spending under part 1 from state sources to be paid to local units of government is $17,971,900.00. The following itemized statement identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF NATURAL RESOURCES
America 250 Commission grants	$	5,000,000
Dam management grant program		175,000
Fisheries habitat improvement grants		125,000
Grants to counties � marine safety		1,407,300
Invasive species prevention and control		2,360,000

Local boating infrastructure maintenance and improvements		3,500,000
Nonmotorized trail development and maintenance grants		100,000
Off-road vehicle safety training grants		60,000
Off-road vehicle trail improvement grants		903,500
Recreation improvement fund grants		91,700
Recreation passport local grants		3,719,000
Snowmobile law enforcement grants		380,100
Wildlife habitat improvement grants		150,300
TOTAL	$	17,971,900

Sec. 202. The appropriations 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 natural resources.

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

(d) "IDG" means interdepartmental grant.

(e) "Standard report recipients" means the senate appropriations subcommittee on agriculture and natural resources, the house appropriations subcommittee on agriculture and rural development and natural resources, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office.

Sec. 204. The department shall use the internet to fulfill the reporting requirements of this part. This requirement includes transmitting reports to the standard report recipients and any other required recipients by email and posting the reports on an

internet site.

Sec. 206. 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 the expenditure of 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. 207. The department shall not take disciplinary action against an employee of the department for communicating with a member of the legislature or legislative staff, unless the communication is prohibited by law and the department is exercising its authority as provided by law.

Sec. 208. Consistent with section 217 of the management and budget act, 1984 PA 431, MCL 18.1217, the department shall prepare a report on out-of-state travel expenses not later than January 1. The report must list all travel by classified and unclassified employees outside this state in the previous fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The department shall submit the report to the standard report recipients and to the senate and house appropriations committees. The report must include all of the

following information:

(a) The dates of each travel occurrence.

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

Sec. 209. (1) The department shall not use funds appropriated in part 1 to hire a person to provide legal services that are the responsibility of the attorney general. This section does not apply to legal services for bonding activities or to outside services that the attorney general authorizes.

(2) The department shall make timely reimbursement to the department of the attorney general for legal services provided by the department of the attorney general to the department. If the department fails to make timely reimbursement, the department of the attorney general may increase the amount billed to include a penalty for late reimbursement. As used in this section, "timely reimbursement" means reimbursement not later than 60 days after the department receives a bill for the legal services from the department of the attorney general.

Sec. 210. Not later than December 15, the state budget office shall prepare and submit a report that provides estimates of the total general fund/general purpose appropriation lapses at the close of the previous fiscal year. The report must summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The state budget office shall submit the report to the standard report recipients and to the chairpersons of the senate and house appropriations committees.

Sec. 211. In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for state restricted contingency authorization. Amounts appropriated under this section 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. 212. The department shall cooperate with the department of technology, management, and budget 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. 213. Not later than 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the previous 2 fiscal years. The report must be submitted to the standard report recipients and to the chairpersons of the senate and house appropriations committees.

Sec. 216. 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 geographically-disadvantaged

business enterprises 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 geographically-disadvantaged business enterprises for services, supplies, or both. As used in this section, "geographically-disadvantaged business enterprises" means that term as defined in Executive Directive No. 2019-08.

Sec. 217. On a quarterly basis, the department shall report on the number of full-time equated positions in pay status by civil service classification, including a comparison by line item of the number of full-time equated positions authorized from funds appropriated in part 1 to the actual number of full-time equated positions employed by the department at the end of the reporting period. The report must be submitted to the senate and house appropriations committees and to the standard report recipients.

Sec. 221. The department shall receive and retain copies of all reports funded from appropriations in part 1. The department shall follow federal and state guidelines for short-term and long-term retention of records. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines.

Sec. 222. Not later than April 1, the department shall report on each specific policy change made to implement a public act affecting the department that took effect during the previous calendar year. The department shall submit the report to the standard report recipients, to the senate and house appropriations committees, and to the joint committee on administrative rules.

Sec. 223. (1) From the funds appropriated in part 1, the department shall do the following:

(a) Report 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) Not later than February 1, report on the total amount of severance pay remitted to former department employees during the previous fiscal year and the total number of former department employees that were remitted severance pay during the previous fiscal year.

(2) Reports required by this section must be submitted to the standard report recipients and to the senate and house appropriations committees.

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

Sec. 224. To the extent possible, the department shall not expend appropriations under part 1 until all existing authorized work project funds available for the same purposes are exhausted.

Sec 225. (1) Funds appropriated in part 1 must not be used to restrict or impede a marginalized community's access to government resources, programs, or facilities.

(2) From the funds appropriated in part 1, local governments shall report any action or policy that attempts to restrict or interfere with the duties of the local health officer.

Sec. 226. (1) In addition to the money appropriated in part 1,

there is appropriated, from the following state restricted funds and accounts of the Michigan conservation and recreation legacy fund, the following amounts to the following departments and officers:

(a) Department of technology, management, and budget:

Game and fish protection account	$	505,600
Waterways account		124,000
State park improvement account		135,600
Forest development fund		265,600

(b) Department of attorney general:

Game and fish protection account		$	682,400
Waterways account			151,900

Game and fish protection account		$	38,000
Waterways account			13,700

(d) Department of treasury:

Game and fish protection account	$	3,621,700
Waterways account		429,800
Michigan natural resources trust fund		3,354,500

(2) In addition to the money appropriated in part 1, there is appropriated from the following state restricted funds to the civil service commission the amount calculated for each fund pursuant to section 5 of article XI of the state constitution of 1963:

(a) Michigan conservation and recreation legacy fund.

(b) Forest development fund.

(d) Michigan state parks endowment fund.

(e) Michigan nongame fish and wildlife trust fund.

Sec. 227. Pursuant to section 43703(3) of the natural

resources and environmental protection act, 1994 PA 451, MCL 324.43703, there is appropriated from the Michigan game and fish protection trust fund to the game and fish protection account of the Michigan conservation and recreation legacy fund, $6,000,000.00 for the fiscal year ending September 30, 2025.

Sec. 228. The department may contract with or provide grants to local units of government, institutions of higher education, or nonprofit organizations to support activities authorized by appropriations in part 1. As used in this section, contracts and grants include, but are not limited to, contracts and grants for research, wildlife and fisheries management, forest management, invasive species monitoring and control, and natural resource-related programs.

Sec. 230. (1) For any grant program or project funded in part 1 intended for a single recipient organization or unit of local government, the grant program or project is for a public purpose and the department shall follow procurement statutes of this state, including any bidding requirements, unless the department can fully validate, through information detailed in this part or public supporting documents, both of the following:

(a) The specific organization or unit of local government that will receive or administer the funds.

(b) How the funds will be administered and expended.

(2) Notwithstanding any other conditions or requirements for direct appropriation grants, the department shall perform at least all of the following activities to administer the grants described in subsection (1):

(a) Develop a standard application process, grantee reporting requirements, and any other necessary documentation, including

sponsorship information as specified under subsection (3).

(b) Establish a process to review, complete, and execute a grant agreement with a grant recipient. The department shall not execute a grant agreement unless all necessary documentation has been submitted and reviewed.

(c) Verify to the extent possible that a grant recipient will use funds for a public purpose that serves the economic prosperity, health, safety, or general welfare of the residents of this state.

(d) Review and verify all necessary information to ensure the grant recipient is reasonably able to execute the grant agreement, perform its fiduciary duty, and comply with all applicable state and federal statutes. The department may deduct the cost of background checks performed as part of this verification from the amount of the designated grant award.

(e) Establish a standard timeline to review all documents submitted by grant recipients and provide a response within 45 business days stating whether submitted documents by a grant recipient are sufficient or in need of additional information.

(3) A sponsor of a grant described in subsection (1) must be a legislator or the department. A legislative sponsor must be identified through a letter submitted by that legislator's office to the department and state budget director containing the name of the grant recipient, the intended amount of the grant, a certification from that legislator that the grant is for a public purpose, and specific citation of the section and subsection of the public act that authorizes the grant, as applicable. If a legislative sponsor is not identified before January 15, 2025, the department shall do 1 of the following:

(a) Identify the department as the sponsor.

(b) Decline to execute the grant agreement.

(4) An executed grant agreement under this section between the department and a grant recipient must include at least all of the following:

(a) All necessary identifying information for the grant recipient, including any tax and financial information for the department to administer funds under this section.

(b) A description of the project for which the grant funds will be expended, including tentative timelines and the estimated budget. The department shall not reimburse expenditures that are outside of the project purpose, as stated in the executed grant agreement, from appropriations in part 1.

(c) Unless otherwise specified in department policy, a requirement that funds appropriated for the grants described in subsection (1) may be used only for expenditures that occur on or after the effective date of this act.

(d) At the discretion of the department, a provision for an initial disbursement of 50% to the grant recipient on execution of the grant agreement consistent with part II, chapter 10, section 200 of the Financial Management Guide.

(e) A requirement that after an initial 50% disbursement under subdivision (d), additional funds will be disbursed only after verification that the initial payment has been fully expended in accordance with the project purpose. The department shall disburse the remaining funds after the grantee has provided sufficient documentation, as determined by the department, to verify that all expenditures were made in accordance with the project purpose.

(f) A requirement for reporting by the grant recipient to the department that provides the status of the project and an

accounting of all funds expended by the grant recipient, as determined by the department.

(g) A claw-back provision that allows the department of treasury to recoup or otherwise collect any funds that are declined, unspent, or otherwise misused.

(5) If appropriate to improve the administration or oversight of a grant described in subsection (1), the department may adopt a memorandum of understanding with another state department to perform the required duties under this section.

(6) A grant recipient shall respond to all reasonable information requests from the department related to grant expenditures and retain grant records for not less than 7 years, and the grant may be subject to monitoring, site visits, and audits as determined by the department. The grant agreement required under this section must include signed assurance by the chief executive officer or other executive officer of the grant recipient that the requirements of this subsection will be met.

(7) The grant recipient shall expend all funds awarded and complete all projects not later than September 30, 2029. If at that time any unexpended funds remain, the grant recipient shall return those funds to the state treasury. If a grant recipient does not provide information sufficient to execute a grant agreement by June 1, 2025, the department shall return funds associated with the grant to the state treasury.

(8) The state budget director may, on a case-by-case basis, extend the deadline in subsection (7) on request by a grant recipient. The state budget director shall notify the chairs of the house and senate appropriations committees not later than 5 days after an extension is granted.

(9) Except as otherwise provided in subsection (10), beginning March 15, 2025, the department shall post a report in a publicly accessible location on its website. The report must list the grant recipient, project purpose, and location of the project for each grant described in subsection (1), the status of funds allocated and disbursed under the grant agreement, and the legislative sponsor, if applicable. The department shall make updates to the report not later than June 15, 2025 and again not later than September 15, 2025. At each posting of the report, the department shall include the most comprehensive information it has available at the time of posting for grants awarded.

(10) If the state budget office determines that it is more efficient for the state budget office to compile all affected departments' information and post the report required under subsection (9) rather than that report being posted by individual departments, the state budget office may compile that information across all affected departments and post the report required under subsection (9) on the same time schedule as identified in that subdivision.

(11) As applicable, the legislative sponsor of a grant described in subsection (1) shall comply with all applicable laws concerning conflicts of interest in seeking a direct grant. A legislative sponsor shall not seek a grant for a recipient if a conflict of interest exists.

(12) If the department reasonably determines that the funds allocated for an executed grant agreement under this section were misused or that use of the funds was misrepresented by the grant recipient, the department shall not award any additional funds under the executed grant agreement and shall refer the grant for

review following internal audit protocols.

Sec. 231. (1) The department may accept monetary and nonmonetary gifts, bequests, donations, contributions, or grants from any private or public source to support, in whole or in part, a departmental function or program. The department shall expend or use such gifts, bequests, donations, contributions, or grants for the purposes designated by the private or public source, if the purpose is specified.

(2) Amounts remaining from revenue collected by the department under this section that are unexpended and unencumbered must not lapse to the general fund but must be carried forward to the subsequent fiscal year.

COMMUNICATION AND CUSTOMER SERVICES

Sec. 240. (1) In addition to supporting the existing archeological responsibilities of the department within the Michigan History Center, the funds appropriated in part 1 for cultural resource management and cultural resource management one-time shall be utilized to establish an ongoing process of increased consultation with known lineal descendants and officials of Native American tribes on whose aboriginal lands a planned archeological activity will occur or an inadvertent discovery has been made. The consultation shall address the identification, treatment, and disposition of Native American cultural items.

(2) The department is encouraged to, whenever possible, repatriate or transfer from its collections Native American cultural items, including human remains, funerary objects, sacred objects, and objects of cultural patrimony, to the lineal descendants and to Native American tribes described in subsection

(1).

DEPARTMENT INITIATIVES

Sec. 251. From the amounts appropriated in part 1 for invasive species prevention and control, the department shall allocate not less than $3,600,000.00 for grants for the prevention, detection, eradication, and control of invasive species.

Sec. 252. (1) In addition to the funds appropriated in part 1, revenue deposited in the invasive species fund created in section 41311 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.41311, is appropriated and may be expended for invasive species immediate response efforts.

(2) The department shall annually notify the house and senate appropriations subcommittees on natural resources and the house and senate fiscal agencies of any expenditure of funds appropriated under subsection (1).

DEPARTMENT SUPPORT SERVICES

Sec. 302. The department may charge land acquisition projects appropriated for the fiscal year ending September 30, 2025, and for prior fiscal years, a standard percentage fee to recover actual costs, and may use the revenue derived to fund the land acquisition service charges provided for in part 1.

Sec. 303. As appropriated in part 1, the department may charge both application fees and transaction fees related to the exchange or sale of state-owned land or rights in land authorized by part 21 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.2101 to 324.2165. To the extent consistent with part 21, fees shall be set by the director at a rate that allows the

department to recover its costs for providing these services.

Sec. 304. In addition to the funds appropriated in part 1, the department may receive and expend money from state restricted sources to pay vendor costs associated with administering sales of carbon offset credits.

COMMUNICATION AND CUSTOMER SERVICES

Sec. 408. By December 1, the department shall submit to the senate and house appropriations subcommittees on natural resources a report on all land transactions approved by the natural resources commission in the prior fiscal year. For each land transaction, the report shall include the size of the parcel, the county and municipality in which the parcel is located, the dollar amount of the transaction, the fund source affected by the transaction, and whether the transaction is by purchase, public auction, transfer, exchange, or conveyance.

Sec. 409. From the funds in part 1 for Sportsmen Against Hunger donation matching, the department shall utilize $2.00 in matching funding for every $1.00 donated to the Sportsmen Against Hunger program.

LAW ENFORCEMENT DIVISION

Sec. 701. The funds appropriated in part 1 for state employees retirement system implementation costs must be remitted to the state employees retirement system for implementation costs if the following bills of the 102nd Legislature are enacted into law:

(a) Senate Bill No. 165.

(b) Senate Bill No. 166.

FOREST RESOURCES DIVISION

Sec. 802. (1) From the funds appropriated in part 1, the department shall, by January 1, prepare and submit to the senate appropriations subcommittee on agriculture and natural resources, the house appropriations subcommittee on agriculture and rural development and natural resources, and the standing committees of the senate and house with primary responsibility for natural resources issues a report on all of the following:

(a) The number of acres of state forestland prepared for timber harvesting in the prior fiscal year.

(b) The number of acres of state forestland timber sold in the prior fiscal year.

Sec. 803. In addition to the money appropriated in part 1, the department may receive and expend money from federal sources to provide response to wildfires and hazard incidents as required by a compact with the federal government. If additional expenditure authorization is required, the department shall so notify the state budget office. The department shall notify the senate appropriations subcommittee on agriculture and natural resources, the house appropriations subcommittees subcommittee on agriculture and rural development and natural resources, and the house and senate fiscal agencies by November 15 of the expenditures under this section during the prior fiscal year.

Sec. 807. (1) In addition to the funds appropriated in part 1, there is appropriated from the disaster and emergency contingency fund up to $800,000.00 to cover department costs related to any

disaster as defined in section 2 of the emergency management act, 1976 PA 390, MCL 30.402.

(2) Funds appropriated under subsection (1) shall not be expended unless the state budget director recommends the expenditure and the department notifies the house and senate committees on appropriations. By December 1 each year, the department shall provide a report to the senate and house fiscal agencies and the state budget office on the use of the disaster and emergency contingency fund during the prior fiscal year.

(3) If Federal Emergency Management Agency (FEMA) reimbursement is approved for costs paid from the disaster and emergency contingency fund, the federal revenue shall be deposited into the disaster and emergency contingency fund.

GRANTS

Sec. 1001. Federal pass-through funds to local institutions and governments that are received in amounts in addition to those included in part 1 for grants to communities - federal oil, gas, and timber payments and that do not require additional state matching funds are appropriated for the purposes intended. By November 30, the department shall report to the senate appropriations subcommittee on agriculture and natural resources, the house appropriations subcommittee on agriculture and rural development and natural resources, the senate and house fiscal agencies, and the state budget director on all amounts appropriated under this section during the prior fiscal year.

CAPITAL OUTLAY

Sec. 1103. The appropriations in part 1 for capital outlay

shall be carried forward at the end of the fiscal year consistent with section 248 of the management and budget act, 1984 PA 431, MCL 18.1248.

Sec. 1104. From the funds in part 1 for wetlands restoration, enhancement and acquisition, $1,000,000.00 shall be used to support wetland restoration in urban areas and $1,000,000.00 shall be used to support wetland maintenance and restoration for managed waterfowl areas and wetlands on state lands.

ONE-TIME APPROPRIATIONS

Sec. 1201. (1) Funds appropriated in part 1 shall be used to support the America 250 committee and initiatives identified in this section. The committee is established to plan, encourage, develop, and coordinate the commemoration of the 250th anniversary of the founding of the United States, the American Revolution's role in Michigan's history, and the impact of these and other historic events on the people of Michigan's past, present, and future. The committee shall seek to generate collaboration across the state through municipalities, cultural and civic organizations, libraries, schools, community groups, and the public.

(2) The committee shall be comprised of individuals appointed by the governor or governor's designees and at least 4 individuals appointed by the legislature. The speaker of house of representatives and the senate majority leader shall each appoint 2 individuals to serve on the committee. Appointments shall be made not later than November 1, 2024.

(3) As necessary, the committee shall adopt rules, procedures, or perform administrative duties to implement this section.

(4) The committee shall seek private donations, sponsorships,

or local contributions to leverage the funds appropriated in Part 1.

(5) The committee shall utilize funding for state and local initiatives to commemorate the semiquincentennial and promote the history and culture of this state.

(6) From the funds appropriated in part 1, the committee shall utilize $5,000,000.00 for grants to support local initiatives that include any of the following:

(a) Semiquincentennial commemoration activities through local America 250 committees, local governments, or nonprofits.

(b) Programming, infrastructure, curricular materials, or preservation activities for local museums, cultural institutions, historical associations, or community nonprofits that promote or preserve Michigan history and civic engagement.

(7) At least semiannually until funds from part 1 have been fully expended, the committee shall submit a report to the chairs of the house and senate appropriations committees on the status of activities and funds awarded under this section.

(8) The unexpended funds appropriated in part 1 for America 250 Committee grants are designated as a work project appropriation. Unencumbered or unallocated funds shall not lapse at the end of this fiscal year and shall be available for expenditures under this section until the project has been completed. All of the following are in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the work project is to provide grants to state and local entities to commemorate America's semiquincentennial.

(b) The project will be accomplished by utilizing state

employees, contracting with vendors, and local partners.

(d) The tentative completion date is September 30, 2029.

Sec. 1202. The unexpended funds appropriated in part 1 for American chestnut restoration initiative 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 expenditure 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 study and implement American chestnut restoration and assisted migration of American chestnut or other species for the purpose of helping adapt the state's forests to climate change.

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

(d) The tentative completion date is September 30, 2029.

Sec. 1203. (1) The funding in part 1 for flood insurance pilot initiatives shall be used to reduce flood insurance costs through wetland restoration. The department shall expend this funding in conjunction with matching private funds.

(2) The unexpended funds appropriated in part 1 for flood insurance pilot initiatives 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 expenditure 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 find ways to reduce the cost of flood insurance by utilizing wetlands and wetland restoration activities.

(b) The project will be accomplished by utilizing state resources, grants, or contracts.

(d) The tentative completion date is September 30, 2029.

Sec. 1204. The unexpended funds appropriated in part 1 for mass timber market development 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 expenditure 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 aid in the development of a mass timber market in this state.

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

(d) The tentative completion date is September 30, 2029.

Sec. 1205. (1) From the funds appropriated in part 1 for Michigan History Center America 250 initiatives, the Michigan History Center shall utilize $2,500,000.00 for upgrading the Michigan History Center facilities.

(2) The Michigan History Center may utilize $2,000,000.00 for state initiatives at the Michigan History Center. State initiatives may include capital improvements, educational programming, modernizing and upgrading exhibits or displays, visitor experience

improvements, or family history services. The Michigan History Center may utilize up to $500,000.00 for educational programming for any of the following:

(a) Partnerships with public television or radio nonprofit organizations to provide free educational or cultural history programming, featuring unique Michigan and American history with an emphasis on stories of individual Michigan citizens.

(b) Partnerships with school districts or nonprofit civic organizations to promote greater civics engagement and understanding of Michigan's unique history. Partnerships may include, but are not limited to, student competitions that may provide scholarships or other education incentive to participating students.

(3) The unexpended funds appropriated in part 1 for Michigan History Center America 250 initiatives are designated as a work project appropriation. Unencumbered or unallocated funds shall not lapse at the end of this fiscal year and shall be available for expenditure under this section until the project has been completed. All of the following are in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the work project is to update and modernize facilities, historical exhibits, and educational materials.

(b) The project will be accomplished by utilizing state employees, contracting with vendors, and local partners.

(d) The tentative complete date is September 30, 2029.

Sec. 1206. The funds appropriated in part 1 for phragmites

management equipment shall be used to purchase heavy equipment for managing phragmites. The department shall lend this equipment to localities or organizations that require aid in managing phragmites.

Sec. 1207. The unexpended funds appropriated in part 1 for Sportsmen Against Hunger disease testing 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 expenditure 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 provide disease and lead testing for donated meat.

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

(d) The tentative completion date is September 30, 2029.

Sec. 1208. The unexpended funds appropriated in part 1 for Sportsmen Against Hunger refrigeration units 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 expenditure 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 acquire refrigerated trailers that processors can use to store deer and processed venison.

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

(d) The tentative completion date is September 30, 2029.

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Bill Text: MI SB0759 | 2023-2024 | 102nd Legislature | Engrossed

Michigan Senate Bill 759

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