2023 House Bill 4249

Appropriations: department of environment, Great Lakes, and energy; appropriations for fiscal year 2023-2024; provide for.

A bill to make appropriations for the department of environment, Great Lakes, and energy for the fiscal year ending September 30, 2024; and to provide for the expenditure of the appropriations.

Mackinac Center Analysis

An appropriations bill for the Department of Environment, Great Lakes and Energy for FY '24.

Introduced in the House

March 9, 2023

Introduced by Rep. Rachel Hood (D-81)

Referred to the Committee on Appropriations

April 26, 2023

Reported with substitute H-2

May 10, 2023

Substitute H-2 concurred in by voice vote

Amendment offered by Rep. Donavan McKinney (D-14)

1. Amend page 34, following line 5, by inserting:

“(d) The department must allocate an amount not to exceed $20,000,000.00 for lead service line replacement in to a county with a population of between 400,000 and 410,000 according to the most recent federal decennial census.”.

2. Amend page 41, line 25, after “in” by striking out “overburdened or significantly overburdened communities, as those terms are defined by the department in accordance with the requirements under parts 53 and 54 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.5301 to 324.5316 and 324.5401 to 324.5418.” and inserting “a county with a population of between 1,793,500 and 1,793,600 according to the most recent federal decennial census.”.

3. Amend page 42, line 12, after “in” by striking out “overburdened or significantly overburdened communities” and inserting “a county with a population of between 1,793,500 and 1,793,600 according to the most recent federal decennial census.”.

The amendment failed by voice vote

Amendment offered by Rep. Pauline Wendzel (R-39)

1. Amend page 15, line 18, after “funds” by striking out “100,000,000” and inserting “200,000,000”.

2. Amend page 16, line 10, after “fund” by striking out “300,000,000” and inserting “400,000,000” and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 36, line 10, after “communities,” by inserting “at least 20% to communities with populations of up to 50,000,”.

4. Amend page 37, line 13, after “$” by striking out “100,000,000.00” and inserting “200,000,000.00”.

The amendment failed by voice vote

Amendment offered by Rep. David Martin (R-68)

1. Amend page 23, line 24, by striking out all of section 226 and inserting:

“Sec. 226. Money appropriated in part 1 must not be used to require actions related to diversity, equity, and inclusion (DEI); to restrict or impede any community’s access to government resources, programs, or facilities; or to diminish, interfere with, or restrict an individual’s ability to exercise rights as outlined under the State Constitution.”.

The amendment failed by voice vote

Amendment offered by Rep. David Prestin (R-108)

1. Amend page 19, line 26, after “than” by striking out “December 15” and inserting “November 30”.

2. Amend page 20, line 6, by striking out all of section 211 and inserting:

“Sec. 211. 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.”.

3. Amend page 21, following line 18, by inserting:

“Sec. 215. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2024 are estimated at $31,294,100.00. From this amount, total department appropriations for pension-related legacy costs are estimated at $20,590,800.00. Total agency appropriations for retiree health care legacy costs are estimated at $10,703,300.”.

4. Amend page 22, following line 10, by inserting:

“Sec. 219. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this article, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, intertransfer funds within this article for the particular department, board, commission, officer, or institution.”.

The amendment failed by voice vote

Amendment offered by Rep. Bill Schuette (R-95)

1. Amend page 15 following line 23 by inserting:

“Flood reduction plan

117,000,000”

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 45, following line 25, by inserting:

“Sec. 1019. From the funds appropriated in part 1 for flood reduction plan, the department must allocate all of the following:

(a) $107,000,000.00 must be granted to a city with a population of between 42,500 and 42,600 in a county with a population of between 82,000 and 84,000 according to the most recent federal decennial census to reduce the impact of river flooding.

(b) $10,000,000.00 must be granted to the Michigan Economic Development Corporation to administer mid-Michigan regional flood reduction initiatives.”.

The amendment failed by voice vote

Amendment offered by Rep. Matt Bierlein (R-97)

1. Amend page 15, following line 18, by inserting:

“Cooperative lakes monitoring program

150,000”

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 25, following line 23, by inserting:

“Sec. 230. (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.”.

3. Amend page 28, following line 13, by inserting:

“Sec. 302. From the funds appropriated in part 1 for contaminated site investigations, cleanup, and revitalization, the department shall not expend more than 3% for administrative costs.”.

4. Amend page 28, following line 13, by inserting:

“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.”.

5. Amend page 28, following line 13, by inserting:

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

6. Amend page 30, following line 1, by inserting:

“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, 2023.”.

7. Amend page 45, following line 25, by inserting:

“Sec. 1019. From funds appropriated in part 1 for the cooperative lakes monitoring program, the department shall provide funding in the amount of $150,000.00 to support the continuation of the department’s contract for the cooperative lakes monitoring program and to ensure the continued operation of this program.”.

The amendment failed by voice vote

Amendment offered by Rep. Timothy Beson (R-96)

1. Amend page 5, line 11, after “FTEs” by striking out “131.0 20,240,200” and inserting “122.0 18,889,700”.

2. Amend page 5, line 12, after “FTEs” by striking out “110.0 17,451,300” and inserting “105.0 16,700,900”.

3. Amend page 6, line 3, after “fees” by striking out “2,193,800” and inserting “1,513,800”.

4. Amend page 6, line 16, after “$” by striking out “29,223,500” and inserting “29,903,500”.

5. Amend page 6, line 19, after “FTEs” by striking out “214.0 $35,511,100” and inserting “202.0 $33,710,600”.

6. Amend page 12, line 1, after “FTEs” by striking out “107.0 $16,540,000” and inserting “99.0 $15,331,300”.

7. Amend page 12, line 3, after “FTEs” by striking out “51.0 16,903,900” and inserting “46.0 16,148,300”.

8. Amend page 12, line 24, after “FTEs” by striking out “48.0 6,686,900” and inserting “45.0 6,236,800”.

9. Amend page 14, line 7, after “FTEs” by striking out “63.0 $22,469,700” and inserting “61.0 $22,169,700”.

10. Amend page 15, line 1, after “replacement” by striking out “4,244,600” and inserting “3,564,600”.

11. Amend page 15, by striking out all of line 27 and adjusting the subtotals, totals, and section 201 accordingly.

12. Amend page 32, line 25, after “$” by striking out “4,244,600.00” and inserting “3,564,600.00”.

13. Amend page 42, line 22, by striking out all of section 1012.

The amendment failed by voice vote

Passed in the House 56 to 52 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

May 11, 2023

Referred to the Committee of the Whole

June 28, 2023

Referred to the Committee on Appropriations