2024 House Bill 5499

Appropriations: department of environment, Great Lakes, and energy; appropriations for fiscal year 2024-2025; provide for.

A bill to make appropriations for the department of environment, Great Lakes, and energy for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

Introduced in the House

Feb. 22, 2024

Introduced by Reps. Rachel Hood (D-81) and Rachel Hood (D-81)

Referred to the Committee on Appropriations

May 1, 2024

Reported with substitute H-2

May 8, 2024

Substitute H-2 concurred in by voice vote

Amendment offered by Rep. Sarah Lightner (R-45)

1. Amend page 19, following line 10, by inserting:

“Sec. 213. The department shall maintain, on a publicly accessible website, information that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department’s performance.”.

2. Amend page 20, following line 9, 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 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 part 1 for the particular department, board, commission, officer, or institution.”.

3. Amend page 20, following line 24, by inserting:

“Sec. 223. (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 amount 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) 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 prior fiscal year and the total number of former department employees that were remitted severance pay during the prior fiscal year.

(2) 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.”.

The amendment failed by voice vote

Amendment offered by Rep. Ann Bollin (R-49)

1. Amend page 18 by striking out lines 2 through 7.

The amendment failed by voice vote

Amendment offered by Rep. Ann Bollin (R-49)

1. Amend page 20, following line 24, by inserting:

“Sec. 224. Not later than August 1, the department shall submit a report that provides a listing of all current work project accounts. The report must include all of the following information for each current work project account:

(a) The original work project amount.

(b) A detailed accounting of expenditures to date.

(c) The balance of the work project account.

(d) The intended use of remaining funds in the work project account.

(e) The expected completion date of the work project.”.

The amendment failed by voice vote

Amendment offered by Rep. William Bruck (R-30)

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

“Sec. 226. Appropriations in part 1 from state and federal sources are prohibited from being used to provide services, grants, or programming to individuals who are not citizens of the United States unless the individual is a qualified alien under 8 USC 1641.”.

The amendment failed by voice vote

Amendment offered by Rep. Greg VanWoerkom (R-88)

1. Amend page 22, following line 17, by inserting:

“Sec. 229. (1) Any funds appropriated in part 1 that are utilized for grants or grant programs are subject to the following conditions:

(a) Grant funds shall only be provided to an entity that has been established or operating in this state or another state for more than 2 years prior to approval or disbursement of the grant.

(b) Grant funds shall only be provided to an entity that has had an office within this state or in the service area covered under any grant for at least 6 months prior to approval or disbursement of the grant.

(c) Prior to the disbursement or awarding of any grant, all grant recipients must provide a spending plan specifying how all grant funds would be used and if any grant funds would be provided to a third party or subrecipient.

(d) Each department or agency responsible for the disbursement or awarding of grant funds must audit the entity’s use of the grant funds for each fiscal year in which the grant is active.

(e) Grant recipients and their immediate family members are prohibited from being employed by the executive branch or legislative branch of this state. In addition, grant recipients are prohibited from serving on any state board that has direct or indirect responsibility for the approval or auditing of grant funds disbursed by any department or agency.

(f) Full and complete audits of grant funds issued by a department or agency of this state, without redaction unless required by law, must be posted to a department or agency website in a conspicuous place for public review.

(2) On a quarterly basis, the department shall submit a report to the standard reporting recipients on legislatively-sponsored grant funds that includes, but is not limited to, all of the following:

(a) The status of each grant.

(b) The amount distributed to each grant.

(c) The remaining amount to be distributed to each grant.”.

The amendment failed by voice vote

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

1. Amend page 2, line 23, after “FTEs” by striking out “57.0 9,445,800” and inserting “56.0 9,295,800”.

2. Amend page 5, line 9, after “FTEs” by striking out “233.0 37,556,500” and inserting “232.0 37,406,400”.

3. Amend page 5, line 11, after “FTEs” by striking out “169.0 28,282,900” and inserting “168.0 28,132,900”.

4. Amend page 6, line 11, after “FTEs” by striking out “219.0 $ 36,992,200” and inserting “218.0 $ 36,842,300”.

5. Amend page 7, line 24, after “FTEs” by striking out “23.0 $ 6,539,400” and inserting “22.0 $ 6,139,300”.

6. Amend page 11, line 14, after “FTEs” by striking out “167.0 $ 38,877,200” and inserting “160.0 $ 37,827,200”.

7. Amend page 12, line 3, after “FTEs” by striking out “122.0 24,871,900” and inserting “121.0 24,721,800” and adjusting the subtotals, totals, and section 201 accordingly.

The amendment failed by voice vote

Amendment offered by Rep. Cameron Cavitt (R-106)

1. Amend page 14, following line 12, by inserting “Cooperative lakes monitoring program 150,000” and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 20, following line 24, by inserting:

“Sec. 223. (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 26, following line 16, by inserting:

“Sec. 305. From the funds appropriated in part 1 for contaminated site remediation and redevelopment programs, the department shall not expend more than 3% for administrative costs.”.

4. Amend page 26, following line 16, by inserting:

“Sec. 306. From work project appropriations funded by state general fund/general purpose funding that lapse at the conclusion of the fiscal year ending September 30, 2024, 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 26, following line 16, by inserting:

“Sec. 307. 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 26, following line 18, by inserting:

“Sec. 401. From the funds appropriated in part 1 for water resource 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, 2024.”.

7. Amend page 36, following line 14, by inserting:

“Sec. 1009. 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. Thomas Kuhn (R-57)

1. Amend page 20, line 25, by striking out all of section 225.

The amendment failed by voice vote

Amendment offered by Rep. Ken Borton (R-105)

1. Amend page 14, by striking out line 11 and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 31, line 19 by striking out all of section 1002.

The amendment failed by voice vote

Amendment offered by Rep. Mike Hoadley (R-99)

1. Amend page 14, following line 14 by inserting “Four Lakes Task Force dam restoration 50,000,000” and adjusting the subtotals, totals, and section 201 accordingly.

The amendment failed by voice vote

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

1. Amend page 14, following line 12 by inserting “Curtis Drain project 5,000,000” and adjusting the subtotals, totals, and section 201 accordingly.

The amendment failed by voice vote

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

1. Amend page 14, following line 14 by inserting “Kawkawlin River pillar removal 200,000” and adjusting the subtotals, totals, and section 201 accordingly.

The amendment failed by voice vote

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

1. Amend page 14, following line 14 by inserting “Linwood Road Access sewer line installation 500,000” and adjusting the subtotals, totals, and section 201 accordingly.

The amendment failed by voice vote

Amendment offered by Rep. Cameron Cavitt (R-106)

1. Amend page 14, following line 9, by inserting “Black River dredging and jetty installation 1,500,000” and adjusting the subtotals, totals, and section 201 accordingly.

The amendment failed by voice vote

Amendment offered by Rep. Greg Markkanen (R-110)

1. Amend page 31, line 25, after “department” by inserting “A minimum of 40% of the funds must be awarded for grants to install gasoline and diesel fueling stations in Upper Peninsula locations where there is no extant gasoline or diesel fueling station within 30 miles.”.

The amendment failed by voice vote

Amendment offered by Rep. Cameron Cavitt (R-106)

1. Amend page 14 by striking out line 15 and striking out line 16 and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 34, line 23 by striking out all of section 1006.

The amendment failed by voice vote

Amendment offered by Rep. Angela Witwer (D-76)

1. Amend page 20, line 25, by striking out all of section 225.

The amendment passed by voice vote

Motion to reconsider amendment by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Amendment offered by Rep. Angela Witwer (D-76)

The amendment was withdrawn

Amendment offered by Rep. Angela Witwer (D-76)

1. Amend page 20, line 25, after the second “part” by striking out “must” and inserting “may”.

The amendment passed by voice vote

Passed in the House 56 to 49 (details)

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

The motion prevailed by voice vote

Received in the Senate

May 14, 2024

Referred to the Committee of the Whole

Reported with substitute S-1

Substitute S-1 concurred in by voice vote

May 15, 2024

Passed in the Senate 20 to 16 (details)

Received in the House

May 15, 2024