Bill Text: MI HB5858 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Appropriations; zero budget; capital outlay; provide for fiscal year 2010-2011. Creates appropriation act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-12-29 - Assigned Pa 329'10 With Immediate Effect [HB5858 Detail]
Download: Michigan-2009-HB5858-Engrossed.html
HB-5858, As Passed House, November 10, 2010
SUBSTITUTE FOR
HOUSE BILL NO. 5858
A bill to provide for a capital outlay program; to set forth
the provisions for its implementation within the budgetary process;
to make appropriations for planning and construction at state
institutions and the acquisition of land; to provide for the
elimination of fire hazards at the institutions; to provide for
certain special maintenance, remodeling, alteration, renovation, or
demolition of and additions to projects at state institutions; to
provide for elimination of occupational safety and health hazards
at state agencies and institutions; to provide for the award of
contracts; and to provide for the expenditure thereof under the
supervision of the director of the department of management and
budget and the state administrative board.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the
amounts listed in this part are appropriated for certain capital
outlay projects at the various state agencies and institutions for
the fiscal year ending September 30, 2011, from the funds indicated
in this part. The following is a summary of the appropriations in
this part:
CAPITAL OUTLAY
GROSS APPROPRIATION.................................... $ 9,003,600
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 9,003,600
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... $ 9,003,600
Sec. 102. STATE AGENCY, COMMUNITY COLLEGE, AND
UNIVERSITY PLANNING AUTHORIZATIONS
Central Michigan University - bio-sciences building -
for program and planning to be paid for from
university resources (estimated total authorized
cost $75,000,000; state share $38,000,000;
university share $37,000,000)........................ $ 100
Eastern Michigan University - Strong hall renovation -
for program and planning to be paid for from
university resources (estimated total authorized
cost $38,000,000; state share $28,500,000;
university share $9,500,000)......................... 100
Ferris State University - college of pharmacy - Grand
Rapids - for program and planning to be paid for
from university resources (estimated total
authorized cost $8,800,000; state share $6,600,000;
university share $2,200,000)......................... 100
Grand Valley State University - classroom/office
additions - for program and planning to be paid for
from university resources (estimated total
authorized cost $55,000,000; state share
$38,000,000; university share $17,000,000)........... 100
Lake Superior State University - school of business
building - for program and planning to be paid for
from university resources (estimated total
authorized cost $20,000,000; state share
$15,000,000; university share $5,000,000)............ 100
Michigan State University - plant science facilities -
bioeconomy additions and renovations - for program
and planning to be paid for from university
resources (estimated total authorized cost
$193,600,000; state share $38,000,000; university
share $155,600,000).................................. 100
Michigan Technological University - next generation
energy complex - for program and planning to be paid
for from university resources (estimated total
authorized cost $29,500,000; state share
$22,125,000; university share $7,375,000)............ 100
Northern Michigan University - Jamrich hall
modernization - for program and planning to be paid
for from university resources (estimated total
authorized cost $33,900,000; state share
$25,425,000; university share $8,475,000)............ 100
Saginaw Valley State University - Wickes hall
renovations - for program and planning to be paid
for from university resources (estimated total
authorized cost $8,000,000; state share $6,000,000;
university share $2,000,000)......................... 100
University of Michigan - Ann Arbor - G.G. Brown
memorial laboratories renovation - for program and
planning to be paid for from university resources
(estimated total authorized cost $64,000,000; state
share $38,000,000; university share $26,000,000)..... 100
University of Michigan - Dearborn - science and
computer information science building renovations -
for program and planning to be paid for from
university resources (estimated total authorized
cost $51,000,000; state share $38,000,000;
university share $13,000,000)........................ 100
University of Michigan - Flint - Murchie science
laboratory building renovations - for program and
planning to be paid for from university resources
(estimated total authorized cost $22,170,000; state
share $16,627,500; university share $5,542,500)...... 100
Wayne State University - multi-disciplinary biomedical
research building - for program and planning to be
paid for from university resources (estimated total
authorized cost $200,000,000; state share
$38,000,000; university share $162,000,000).......... 100
Alpena Community College - electrical power technology
education and training center addition - for program
and planning to be paid for from community college
resources (estimated total authorized cost
$4,997,500; state share $2,498,750; community
college share $2,498,750)............................ 100
Bay de Noc Community College - nursing lab/lecture
hall remodeling - for program and planning to be
paid for from community college resources (estimated
total authorized cost $1,500,000; state share
$750,000; community college share $750,000).......... 100
Delta College - health and wellness - F wing
renovations - for program and planning to be paid
for from community college resources (estimated
total authorized cost $19,984,000; state share
$9,992,000; community college share $9,992,000)...... 100
Gogebic Community College - building renovation - for
program and planning to be paid for from community
college resources (estimated total authorized cost
$1,500,000; state share $750,000; community college
share $750,000)...................................... 100
Grand Rapids Community College - Cook academic hall
renovation - for program and planning to be paid for
from community college resources (estimated total
authorized cost $10,000,000; state share $5,000,000;
community college share $5,000,000).................. 100
Jackson Community College - student services and
instructional classrooms - for program and planning
to be paid for from community college resources
(estimated total authorized cost $19,500,000; state
share $9,750,000; community college share
$9,750,000).......................................... 100
Kellogg Community College - student center - for
program and planning to be paid for from community
college resources (estimated total authorized cost
$4,500,000; state share $2,250,000; community
college share $2,250,000)............................ 100
Kirtland Community College - student center renovation
and addition - for program and planning to be paid
for from community college resources (estimated
total authorized cost $8,000,000; state share
$4,000,000; community college share $4,000,000)...... 100
Lake Michigan College - energy-saving renovation of
the Napier avenue academic building - for program
and planning to be paid for from community college
resources (estimated total authorized cost
$15,019,000; state share $7,509,500; community
college share $7,509,500)............................ 100
Lansing Community College - arts and sciences building
renovation - for program and planning to be paid for
from community college resources (estimated total
authorized cost $19,950,000; state share $9,975,000;
community college share $9,975,000).................. 100
Macomb Community College - health science and
technology building, phase II - for program and
planning to be paid for from community college
resources (estimated total authorized cost
$14,500,000; state share $7,250,000; community
college share $7,250,000)............................ 100
Mid Michigan Community College - Mt. Pleasant campus
unification - for program and planning to be paid
for from community college resources (estimated
total authorized cost $17,704,500; state share
$8,852,250; community college share $8,852,250)...... 100
Mott Community College - southern lakes branch center:
rehabilitation - for program and planning to be paid
for from college revenues (estimated total
authorized cost $6,545,950; state share $3,272,975;
community college share $3,272,975).................. 100
Muskegon Community College - art/media education
center - for program and planning to be paid for
from community college resources (estimated total
authorized cost $7,500,000; state share $3,750,000;
community college share $3,750,000).................. 100
North Central Michigan College - health education and
science center project - for program and planning to
be paid for from community college resources
(estimated total authorized cost $10,428,400; state
share $5,214,200; community college share
$5,214,200).......................................... 100
Oakland Community College - interior
renovation/building addition - building A - Auburn
Hills campus - for program and planning to be paid
for from community college resources (estimated
total authorized cost $32,065,000; state share
$16,032,500; community college share $16,032,500).... 100
St. Clair County Community College - center for health
and human services - for program and planning to be
paid for from community college resources (estimated
total authorized cost $7,000,000; state share
$3,500,000; community college share $3,500,000)...... 100
Southwestern Michigan College - science and allied
health labs, classrooms, and related renovations -
for program and planning to be paid for from
community college resources (estimated total
authorized cost $7,000,000; state share $3,500,000;
community college share $3,500,000).................. 100
Washtenaw Community College - campus renovation
projects - for program and planning to be paid for
from community college resources (estimated total
authorized cost $6,000,000; state share $3,000,000;
community college share $3,000,000).................. 100
Wayne County Community College - eastern campus
facility upgrade and site redevelopment project -
for program and planning to be paid for from
community college resources (estimated total
authorized cost $16,000,000; state share $8,000,000;
community college share $8,000,000).................. 100
GROSS APPROPRIATION.................................... $ 3,300
Appropriated from:
State general fund/general purpose..................... $ 3,300
Sec. 103. STATE BUILDING AUTHORITY FINANCED
CONSTRUCTION AUTHORIZATIONS
Henry Ford Community College - science building
improvements project - (total authorized cost
$15,000,000; state building authority share
$7,499,800; Henry Ford community college share
$7,500,000; state general fund share $200)........... $ 100
Department of technology, management, and budget -
state facility preservation projects - phase IV
(total authorized costs $100,410,000; state building
authority share $100,409,900; state general fund
share $100).......................................... 100
Department of state police - Detroit crime lab (total
authorized cost $20,000,000; state building
authority share $19,999,900; state general fund
share $100).......................................... 100
GROSS APPROPRIATION.................................... $ 300
Appropriated from:
State general fund/general purpose..................... $ 300
Sec. 104. GRANTS
Oscoda-Wurtsmith airport authority..................... $ 9,000,000
GROSS APPROPRIATION.................................... $ 9,000,000
Appropriated from:
State general fund/general purpose..................... $ 9,000,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2010-2011 is $9,003,600.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2010-2011 is $9,002,400.00.
Sec. 202. The appropriations authorized under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this act:
(a) "Board" means the state administrative board.
(b) "Community college" does not include a state agency or
university.
(c) "Department" means the department of technology,
management, and budget.
(d) "Director" means the director of the department of
technology, management, and budget.
(e) "Fiscal agencies" means the senate fiscal agency and the
house fiscal agency.
(f) "IDG" means interdepartmental grant.
(g) "JCOS" means the joint capital outlay subcommittee of the
appropriations committees.
(h) "LEED" means the United States green building council's
leadership in energy and environmental design green building rating
system.
(i) "State agency" means an agency of state government. State
agency does not include a community college or university.
(j) "State building authority" means the authority created
under 1964 PA 183, MCL 830.411 to 830.425.
(k) "University" means a 4-year university supported by the
state. University does not include a community college or a state
agency.
Sec. 204. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference should be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference should 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. 205. Unless otherwise specified, departments and agencies
receiving appropriations in part 1 shall use the Internet to
fulfill the reporting requirements of this act. This requirement
may include transmission of reports via electronic mail to the
recipients identified for each reporting requirement, or it may
include placement of reports on an Internet or Intranet site.
CAPITAL OUTLAY PROCESSES, PROCEDURES AND REPORTS
Sec. 401. Each capital outlay project authorized in this act
or any previous capital outlay act shall comply with the procedures
required by the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 402. A statement of a proposed facility's operating cost
shall be included with the facility's program statement and
planning documents when the plans are presented to JCOS for
approval.
Sec. 403. (1) Before proceeding with final planning and
construction for projects at community colleges and universities
included in an appropriations act, the community college or
university shall sign an agreement with the department that
includes the following provisions:
(a) The university or community college agrees to construct
the project within the total authorized cost established by the
legislature pursuant to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594, and an appropriations act.
(b) The design and program scope of the project shall not
deviate from the design and program scope represented in the
program statement and preliminary planning documents approved by
the department.
(c) Any other items as identified by the department that are
necessary to complete the project.
(2) The department retains the authority and responsibility
normally associated with the prudent maintenance of the public's
financial and policy interests relative to the state-financed
construction projects managed by a community college or university.
Sec. 404. (1) The department shall provide the JCOS, the state
budget director, and the fiscal agencies with reports as considered
necessary relative to the status of each planning or construction
project financed by the state building authority, by this act, or
by previous acts.
(2) Before the end of each fiscal year, the department shall
report to the JCOS, the state budget director, and the fiscal
agencies for each capital outlay project other than lump sums all
of the following:
(a) The account number and name of each construction project.
(b) The balance remaining in each account.
(c) The date of the last expenditure from the account.
(d) The anticipated date of occupancy if the project is under
construction.
(e) The appropriations history for the project.
(f) The professional service contractor.
(g) The amount of a project financed with federal funds.
(h) The amount of a project financed through the state
building authority.
(i) The total authorized cost for the project and the state
authorized share if different than the total.
(3) Before the end of each fiscal year, the department shall
report the following for each project by a state agency,
university, or community college that is authorized for planning
but is not yet authorized for construction:
(a) The name of the project and account number.
(b) Whether a program statement is approved.
(c) Whether schematics are approved by the department.
(d) Whether preliminary plans are approved by the department.
(e) The name of the professional service contractor.
(4) As used in this section, "project" includes appropriation
line items made for purchase of real estate.
Sec. 405. A state agency, college, or university shall take
steps necessary to make available federal and other money indicated
in this act, to make available federal or other money that may
become available for the purposes for which appropriations are made
in this act, and to use any part or all of the appropriations to
meet matching requirements that are considered to be in the best
interest of this state. However, the purpose, scope, and total
estimated cost of a project shall not be altered to meet the
matching requirements.
Sec. 410. Pursuant to section 242(2) of the management and
budget act, 1984 PA 431, MCL 18.1242, the department shall submit
5-year capital outlay plans and capital outlay priority requests
developed by state agencies (and as approved by the department of
technology, management, and budget), universities, and community
colleges to the chairperson and ranking vice-chairperson of JCOS
and the fiscal agencies upon the release of the executive budget
recommendation.
COLLEGES AND UNIVERSITIES
Sec. 601. (1) This section applies only to projects for
community colleges.
(2) State support is directed towards the remodeling and
additions, special maintenance, or construction of certain
community college buildings. The community college shall obtain or
provide for site acquisition and initial main utility installation
to operate the facility. Funding shall be comprised of local and
state shares, and the state share shall include 50% of any federal
money awarded for projects appropriated in this act. Not more than
50% of a capital outlay project, not including a lump-sum special
maintenance project or remodeling and addition project, for a
community college shall be appropriated from state and federal
funds, unless otherwise appropriated by the legislature.
(3) An expenditure under this act is authorized when the
release of the appropriation is approved by the board upon the
recommendation of the director. The director may recommend to the
board the release of any appropriation in part 1 only after the
director is assured that the legal entity operating the community
college to which the appropriation is made has complied with this
act and has matched the amounts appropriated as required by this
act. A release of funds in part 1 shall not exceed 50% of the total
cost of planning and construction of any project, not including
lump-sum remodeling and additions and special maintenance, unless
otherwise appropriated by the legislature. Further planning and
construction of a project authorized by this act or applicable
sections of the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594, shall be in accordance with the purpose and scope as
defined and delineated in the approved program statements and
planning documents. This act is applicable to all projects for
which planning appropriations were made in previous acts.
(4) The community college shall take the steps necessary to
secure available federal construction and equipment money for
projects funded for construction in this act if an application was
not previously made. If there is a reasonable expectation that a
prior year unfunded application may receive federal money in a
subsequent year, the college shall take whatever action necessary
to keep the application active. If federal money is received, the
state share shall be adjusted accordingly as provided by this act.
Sec. 602. If matching revenues are received in an amount less
than the appropriations contained in this act, the state funds of
the appropriation shall be reduced in proportion to the amount of
matching revenue received.
Sec. 603. (1) The director may require that community colleges
and universities that have an authorized project listed in part 1
submit documentation regarding the project match and governing
board approval of the authorized project not more than 60 days
after the beginning of the fiscal year.
(2) If the documentation required by the director under
subsection (1) is not submitted, or does not adequately
authenticate the availability of the project match or board
approval of the authorized project, the authorization may
terminate. The authorization terminates 30 days after the director
notifies the JCOS of the intent to terminate the project unless the
JCOS convenes to extend the authorization.
Sec. 604. The appropriation included in section 102 for
university and community college planning project authorizations
allow for the completion of program statements and schematic
planning documents. These projects will not receive cost and
construction authorizations in subsequent budget acts unless there
is sufficient bonding capacity available under the state building
authority's statutory bond capacity limit.
Sec. 605. The Oakland University human health building project
was authorized in 2010 PA 27 with a total project cost of
$61,748,100.00. Oakland University has been awarded grants for the
specific purpose of implementing enhanced geothermal technologies
and other sustainable design features in the human health building
project. Oakland University has estimated that the total cost to
construct the human health building project with the enhanced
geothermal technologies and other sustainable design features for
which grant funds were awarded has increased to $64,561,200.00.
Oakland University will fund the increase in the project cost of
$2,813,100.00 with federal and private foundation grant resources
awarded to Oakland University, with the total state commitment
remaining at $40,000,000.00. Therefore, pursuant to section 246 of
the management and budget act, 1984 PA 431, MCL 18.1246, the total
authorized cost for the Oakland University human health building
project is increased from $61,748,100.00 to an amount not to exceed
$64,561,200.00, with the Oakland University share being
$24,561,200.00, the state building authority share being
$39,999,800.00, and the state general fund/general purpose share
being $200.00.
Sec. 606. The Western Michigan University Sangren hall
replacement project was authorized in 2008 PA 278 and 2010 PA 111
with a total project cost of $60,000,000.00; state building
authority share $11,699,800.00; Western Michigan University share
$48,300,000.00; and state general fund share $200.00. Pursuant to
section 246 of the management and budget act, 1984 PA 431, MCL
18.1246, the total authorized cost for the Western Michigan
University Sangren hall replacement project is adjusted as follows:
total authorized cost is unchanged at an amount not to exceed
$60,000,000.00, with the Western Michigan University share being
decreased to $22,000,000.00, the state building authority share
being increased to $37,999,800.00, and the state general
fund/general purpose share being maintained at $200.00.
