2023 Senate Bill 199

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 Senate

March 15, 2023

Introduced by Sen. Jeff Irwin (D-15)

Referred to the Committee on Appropriations

April 26, 2023

Reported with substitute S-2

April 27, 2023

Referred to the Committee of the Whole

May 10, 2023

Reported with substitute S-2

Substitute S-2 concurred in by voice vote

Amendment offered by Sen. Jon Bumstead (R-32)

1. Amend page 15, line 7, after “replacement” by striking out “5,000,000” and inserting “20,000,000”.

The amendment failed 18 to 20 (details)

Amendment offered by Sen. Jon Bumstead (R-32)

1. Amend page 15, following line 27, by inserting:

“Water infrastructure projects

500,000,000”

2. Amend page 15, line 28, after “State general fund/general purpose” by striking out “$200,000,100” and inserting “$700,000,100”, and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 37, following line 14, by inserting:

“Sec. 1007. (1) From the funds deposited in the strategic outreach and attraction reserve fund created in the Michigan trust fund act, 2000 PA 489, MCL. 12.254, for the fiscal year ending September 30, 2024, the state treasurer shall lapse $500,000,000.00 to the general fund.

(2) From the one-time general funds appropriated in part 1 for water infrastructure projects, the department shall create and administrate a water infrastructure grant program for state and local water infrastructure projects. Approved grants to local units of government shall require a 10% match from the unit of local government in receipt of any grant funding. The department may expend up to 1% of the total appropriation amount for administrative expenses related to the creation and administration of the grant program.

(3) The unexpended funds appropriated in part 1 for water infrastructure projects 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 the projects 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 improve statewide water infrastructure and to provide grants to local units of government, including cities, counties, townships, and villages, for water infrastructure projects.

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

(c) The total estimated cost of the project is $500,000,000.00.

(d) The tentative completion date is September 30, 2028.”.

The amendment failed 18 to 20 (details)

Amendment offered by Sen. Jon Bumstead (R-32)

1. Amend page 1, line 4, following “fiscal year” by inserting “s”.

2. Amend page 1, line 5, by inserting “September 30, 2023 and”.

3. Amend page 16, following line 6, by inserting:

“PART 1A

LINE-ITEM APPROPRIATIONS

FOR FISCAL YEAR 2022-2023

Sec. 150. There is appropriated for various state departments and agencies and the legislature to supplement appropriations for the fiscal year ending September 30, 2023, from the following funds:

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

APPROPRIATION SUMMARY

Full-time equated unclassified positions

0.0

Full-time equated classified positions

0.0

GROSS APPROPRIATION

$

100,000,000

Appropriated from:

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers

0

ADJUSTED GROSS APPROPRIATION

$

100,000,000

Federal revenues:

Total federal revenues

100,000,000

Special revenue funds:

Total local revenues

0

Total private revenues

0

Total other state restricted revenues

0

State general fund/general purpose

$

0

Sec. 151. ONE-TIME APPROPRIATIONS

Water Infrastructure

$

100,000,000

GROSS APPROPRIATION

$

100,000,000

Appropriated from:

Federal revenues:

Federal funds

100,000,000

Special revenue funds:

State general fund/general purpose

$

0

4. Amend page 37, following line 14, by inserting:

“PART 2A

PROVISIONS CONCERNING APPROPRIATIONS

FOR FISCAL YEAR 2022-2023

GENERAL SECTIONS

Sec. 1151. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1A for the fiscal year September 30, 2023 is $0.00 and state spending from state sources to be paid to local units of government for the fiscal year ending September 30, 2023 is $0.00.

Sec. 1152. The appropriations authorized under this part and part 1A are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

ONE-TIME APPROPRIATIONS

Sec. 1251. Funds appropriated in part 1A for fiscal year 2023 water infrastructure shall be directed to projects that have received approval for funding under either the drinking water state revolving fund or the clean water state revolving fund but due to cost increases resulting from inflation, supply chain, or other impact have been awarded funding amounts that are insufficient to complete the approved project.”

The amendment failed 18 to 20 (details)

Amendment offered by Sen. Rick Outman (R-33)

1. Amend page 1, line 4, following “fiscal year” by inserting “s”.

2. Amend page 1, line 5, by inserting “September 30, 2023 and”.

3. Amend page 16, following line 6, by inserting:

“PART 1A

LINE-ITEM APPROPRIATIONS

FOR FISCAL YEAR 2022-2023

Sec. 150. There is appropriated for various state departments and agencies and the legislature to supplement appropriations for the fiscal year ending September 30, 2023, from the following funds:

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

APPROPRIATION SUMMARY

Full-time equated unclassified positions

0.0

Full-time equated classified positions

0.0

GROSS APPROPRIATION

$

8,000,000

Appropriated from:

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers

0

ADJUSTED GROSS APPROPRIATION

$

8,000,000

Federal revenues:

Total federal revenues

8,000,000

Special revenue funds:

Total local revenues

0

Total private revenues

0

Total other state restricted revenues

0

State general fund/general purpose

$

0

Sec. 151. ONE-TIME APPROPRIATIONS

Water Infrastructure

$

8,000,000

GROSS APPROPRIATION

$

8,000,000

Appropriated from:

Federal revenues:

Federal funds

8,000,000

Special revenue funds:

State general fund/general purpose

$

0

4. Amend page 37, following line 14, by inserting:

“PART 2A

PROVISIONS CONCERNING APPROPRIATIONS

FOR FISCAL YEAR 2022-2023

GENERAL SECTIONS

Sec. 1151. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1A for the fiscal year September 30, 2023 is $0.00 and state spending from state sources to be paid to local units of government for the fiscal year ending September 30, 2023 is $0.00.

Sec. 1152. The appropriations authorized under this part and part 1A are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

ONE-TIME APPROPRIATIONS

Sec. 1251. From the funds appropriated in part 1A for fiscal year 2023 water infrastructure, $8,000,000.00 shall be awarded to a water infrastructure project located in a city with a population between 3,750 and 3,800 and in a county with a population of between 66,800 and 67,000 according to the most recent federal decennial census that supports a water infrastructure project but due to cost increases resulting from inflation, supply chain, or other impact have been awarded funding amounts that are insufficient to complete the approved project.”

The amendment failed by voice vote

Amendment offered by Sen. Rick Outman (R-33)

1. Amend page 1, line 4, following “fiscal year” by inserting “s”.

2. Amend page 1, line 5, by inserting “September 30, 2023 and”.

3. Amend page 16, following line 6, by inserting:

“PART 1A

LINE-ITEM APPROPRIATIONS

FOR FISCAL YEAR 2022-2023

Sec. 150. There is appropriated for various state departments and agencies and the legislature to supplement appropriations for the fiscal year ending September 30, 2023, from the following funds:

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

APPROPRIATION SUMMARY

Full-time equated unclassified positions

0.0

Full-time equated classified positions

0.0

GROSS APPROPRIATION

$

7,000,000

Appropriated from:

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers

0

ADJUSTED GROSS APPROPRIATION

$

7,000,000

Federal revenues:

Total federal revenues

7,000,000

Special revenue funds:

Total local revenues

0

Total private revenues

0

Total other state restricted revenues

0

State general fund/general purpose

$

0

Sec. 151. ONE-TIME APPROPRIATIONS

Water Infrastructure

$

7,000,000

GROSS APPROPRIATION

$

7,000,000

Appropriated from:

Federal revenues:

Federal funds

7,000,000

Special revenue funds:

State general fund/general purpose

$

0

4. Amend page 37, following line 14, by inserting:

“PART 2A

PROVISIONS CONCERNING APPROPRIATIONS

FOR FISCAL YEAR 2022-2023

GENERAL SECTIONS

Sec. 1151. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1A for the fiscal year September 30, 2023 is $0.00 and state spending from state sources to be paid to local units of government for the fiscal year ending September 30, 2023 is $0.00.

Sec. 1152. The appropriations authorized under this part and part 1A are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

ONE-TIME APPROPRIATIONS

Sec. 1251. From the funds appropriated in part 1A for fiscal year 2023 water infrastructure, $7,000,000.00 shall be awarded to a water infrastructure project located in a city with a population between 5,900 and 6,000 and in a county with a population of between 66,800 and 67,000 according to the most recent federal decennial census that supports a water infrastructure project but due to cost increases resulting from inflation, supply chain, or other impact have been awarded funding amounts that are insufficient to complete the approved project.”

The amendment failed by voice vote

Amendment offered by Sen. Rick Outman (R-33)

1. Amend page 1, line 4, following “fiscal year” by inserting “s”.

2. Amend page 1, line 5, by inserting “September 30, 2023 and”.

3. Amend page 16, following line 6, by inserting:

“PART 1A

LINE-ITEM APPROPRIATIONS

FOR FISCAL YEAR 2022-2023

Sec. 150. There is appropriated for various state departments and agencies and the legislature to supplement appropriations for the fiscal year ending September 30, 2023, from the following funds:

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

APPROPRIATION SUMMARY

Full-time equated unclassified positions

0.0

Full-time equated classified positions

0.0

GROSS APPROPRIATION

$

13,000,000

Appropriated from:

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers

0

ADJUSTED GROSS APPROPRIATION

$

13,000,000

Federal revenues:

Total federal revenues

13,000,000

Special revenue funds:

Total local revenues

0

Total private revenues

0

Total other state restricted revenues

0

State general fund/general purpose

$

0

Sec. 151. ONE-TIME APPROPRIATIONS

Water Infrastructure

$

13,000,000

GROSS APPROPRIATION

$

13,000,000

Appropriated from:

Federal revenues:

Federal funds

13,000,000

Special revenue funds:

State general fund/general purpose

$

0

4. Amend page 37, following line 14, by inserting:

“PART 2A

PROVISIONS CONCERNING APPROPRIATIONS

FOR FISCAL YEAR 2022-2023

GENERAL SECTIONS

Sec. 1151. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1A for the fiscal year September 30, 2023 is $0.00 and state spending from state sources to be paid to local units of government for the fiscal year ending September 30, 2023 is $0.00.

Sec. 1152. The appropriations authorized under this part and part 1A are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

ONE-TIME APPROPRIATIONS

Sec. 1251. From the funds appropriated in part 1A for fiscal year 2023 water infrastructure, $13,000,000.00 shall be awarded to a water infrastructure project located in a city with a population between 8,800 and 8,900 and in a county with a population of between 66,600 and 66,700 according to the most recent federal decennial census that supports a water infrastructure project but due to cost increases resulting from inflation, supply chain, or other impact have been awarded funding amounts that are insufficient to complete the approved project.”

The amendment failed by voice vote

Amendment offered by Sen. Ed McBroom (R-38)

1. Amend page 1, line 4, following “fiscal year” by inserting “s”.

2. Amend page 1, line 5, by inserting “September 30, 2023 and”.

3. Amend page 16, following line 6, by inserting:

“PART 1A

LINE-ITEM APPROPRIATIONS

FOR FISCAL YEAR 2022-2023

Sec. 150. There is appropriated for various state departments and agencies and the legislature to supplement appropriations for the fiscal year ending September 30, 2023, from the following funds:

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

APPROPRIATION SUMMARY

Full-time equated unclassified positions

0.0

Full-time equated classified positions

0.0

GROSS APPROPRIATION

$

1,500,000

Appropriated from:

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers

0

ADJUSTED GROSS APPROPRIATION

$

1,500,000

Federal revenues:

Total federal revenues

1,500,000

Special revenue funds:

Total local revenues

0

Total private revenues

0

Total other state restricted revenues

0

State general fund/general purpose

$

0

Sec. 151. ONE-TIME APPROPRIATIONS

Water Infrastructure

$

1,500,000

GROSS APPROPRIATION

$

1,500,000

Appropriated from:

Federal revenues:

Federal funds

1,500,000

Special revenue funds:

State general fund/general purpose

$

0

4. Amend page 37, following line 14, by inserting:

“PART 2A

PROVISIONS CONCERNING APPROPRIATIONS

FOR FISCAL YEAR 2022-2023

GENERAL SECTIONS

Sec. 1151. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1A for the fiscal year September 30, 2023 is $0.00 and state spending from state sources to be paid to local units of government for the fiscal year ending September 30, 2023 is $0.00.

Sec. 1152. The appropriations authorized under this part and part 1A are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

ONE-TIME APPROPRIATIONS

Sec. 1251. From the funds appropriated in part 1A for fiscal year 2023 water infrastructure, $1,500,000.00 shall be awarded to a water infrastructure project located in a city with a population between 5,100 and 5,200 and in a county with a population of between 25,900 and 26,000 according to the most recent federal decennial census that supports a water infrastructure project but due to cost increases resulting from inflation, supply chain, or other impact have been awarded funding amounts that are insufficient to complete the approved project.”

The amendment failed by voice vote

Amendment offered by Sen. Jonathan Lindsey (R-17)

1. Amend page 2, line 2, after “positions” by striking out “1,575.0” and inserting “1,510.0”.

2. Amend page 5, line 1, after “positions” by striking out “409.0” and inserting “388.0”.

3. Amend page 5, line 11, after “program--FTEs” by striking out “26.0” and inserting “22.0”.

4. Amend page 5, line 12, after “programs--FTEs” by striking out “131.0” and inserting “119.0”.

5. Amend page 5, line 15, after “program--FTEs” by striking out “110.0” and inserting “105.0”.

6. Amend page 6, line 21, after “positions” by striking out “214.0” and inserting “202.0”.

7. Amend page 6, line 22, after “programs--FTEs” by striking out “214.0” and inserting “202.0”.

8. Amend page 7, line 7, after “positions” by striking out “328.0” and inserting “327.0”.

9. Amend page 7, line 15, after “services--FTEs” by striking out “43.0” and inserting “42.0”.

10. Amend page 8, line 14, after “positions” by striking out “138.0” and inserting “131.0”.

11. Amend page 8, line 15, after “Management--FTEs” by striking out “22.0” and inserting “20.0”.

12. Amend page 8, line 16, after “program--FTEs” by striking out “116.0” and inserting “111.0”.

13. Amend page 12, line 6, after “positions” by striking out “159.0” and inserting “142.0”.

14. Amend page 12, line 7, after “water--FTEs” by striking out “107.0” and inserting “99.0”.

15. Amend page 12, line 9, after “health--FTEs” by striking out “51.0” and inserting “42.0”.

16. Amend page 12, line 27, after “positions” by striking out “132.0” and inserting “129.0”.

17. Amend page 13, line 3, after “FTEs” by striking out “48.0” and inserting “45.0”.

18. Amend page 14, line 13, after “positions” by striking out “63.0” and inserting “59.0”.

19. Amend page 14, line 14, after “services--FTEs” by striking out “63.0” and inserting “59.0”.

The amendment failed by voice vote

Amendment offered by Sen. Roger Hauck (R-34)

1. Amend page 31, line 8, after “953.” by striking out the balance of the line through “$25,000,000.00” on line 27 and inserting “$110,000,000.00”.

The amendment failed 19 to 19 (details)

Amendment offered by Sen. Roger Hauck (R-34)

1. Amend page 31, line 8, after “953.” by striking out the balance of the line through the first “(d)” on line 27.

The amendment failed 19 to 19 (details)

Amendment offered by Sen. Jon Bumstead (R-32)

1. Amend page 32, line 27, by striking out all of subsection (3).

The amendment failed by voice vote

Amendment offered by Sen. Jon Bumstead (R-32)

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

2. Amend page 36, line 27, by striking out the balance of the bill.

The amendment failed by voice vote

Amendment offered by Sen. Jon Bumstead (R-32)

1. Amend page 15, line 20, by striking out “Environmental justice c” and inserting “C”.

2. Amend page 34, line 21, after “1003.” by striking out all of subsections (1), (2), (3), (4), and (5) and inserting “(1) The funds appropriated in part 1 for contaminated site clean-up are allocated for the remediation of legacy sites that contain environmental contamination as defined in section 20101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20101.

(2) The unexpended funds appropriated in part 1 contaminated site clean-up 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 the projects 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 address legacy contamination.

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

(c) The total estimated cost of the project is $25,000,000.00.

(d) The tentative completion date is September 30, 2028.”.

The amendment failed 18 to 20 (details)

Amendment offered by Sen. Rick Outman (R-33)

1. Amend page 34, line 2, after “1002.” by striking out all of subsections (1) and (2) and inserting “(1) From the funds appropriated in part 1 for the dam safety grant program, the department shall award grants for dam repair, alteration, or removal activities necessary to address risk associated with publicly or privately owned dams. Grant applications for repair or alteration must include an asset management plan for each dam included in the application.

(2) By December 31 annually, the department shall prepare a report regarding the activities of the dam safety grant program to be posted on the department’s website and provided to the relevant house and senate standing committees and appropriations subcommittees. The report shall contain all of the following information: a list of dams awarded grants, including their location, name of the owner, and description of the action or actions taken; and the total expenditure at each dam

(3) The unexpended funds appropriated in part 1 for dam safety grant 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 the projects 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 repair, alter, or remove dams to address risks.

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

(c) The total estimated cost of the project is $25,000,000.00.

(d) The tentative completion date is September 30, 2028.”.

The amendment failed 18 to 20 (details)

Amendment offered by Sen. Jon Bumstead (R-32)

1. Amend page 15, following line 25, by inserting

“Refined petroleum fund restoration

70,000,000”

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

2. Amend page 37, following line 14, by inserting

“Sec. 1007. The funds appropriated in part 1 for refined petroleum fund repayment are allocated to restore funds transferred to the Environmental Protection Fund from the Refined Petroleum Fund in FY 2006-07 and shall be used for the remediation of orphan sites created by leaking underground storage tanks.”.

The amendment failed 18 to 20 (details)

Amendment offered by Sen. Jon Bumstead (R-32)

1. Amend page 22, following line 6, by inserting:

“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 act, 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 act for the particular department, board, commission, officer, or institution.”.

The amendment failed by voice vote

Passed in the Senate 20 to 18 (details)

Received in the House

May 16, 2023

Referred to the Committee on Appropriations

May 17, 2023

Discharged from committee

Substitute H-1 offered by Rep. Angela Witwer (D-76)

The substitute passed by voice vote

Passed in the House 56 to 51 (details)

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

The motion prevailed by voice vote

Received in the Senate

May 18, 2023

May 23, 2023

Substitute H-1 not concurred in 1 to 37 (details)

June 7, 2023

Referred to the Committee of Conference