Bill Text: MI SB0251 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Appropriations; zero budget; capital outlay; provide for natural resources trust fund and state building authority financed projects for fiscal year 2009-2010. Creates appropriation act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-04-13 - Assigned Pa 0027'10 With Immediate Effect [SB0251 Detail]
Download: Michigan-2009-SB0251-Engrossed.html
SB-0251, As Passed Senate, February 11, 2010
SUBSTITUTE FOR
SENATE BILL NO. 251
A bill to make, supplement, and adjust appropriations for
certain capital outlay projects for the fiscal year ending
September 30, 2010; to provide for the expenditure of the
appropriations; and to prescribe certain conditions for the
appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for certain capital outlay
projects for the fiscal year ending September 30, 2010, from the
following funds:
CAPITAL OUTLAY
APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 35,658,500
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 35,658,500
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 35,658,200
State general fund/general purpose..................... $ 300
Sec. 102. MICHIGAN NATURAL RESOURCES TRUST FUND
Natural resources trust fund projects.................. $ 35,658,200
Trust fund acquisition projects by priority:
Academy preserve acquisition, phase II, Monroe
County (grant-in-aid to Monroe County) (#09-163)
Acme waterfront park, phase II, Grand Traverse
County (grant-in-aid to Acme Township) (#09-171)
Southeast Michigan eco-region acquisitions, various
counties (#09-132)
Niles community park expansion, Berrien County
(grant-in-aid to Niles Township) (#09-082)
Sheldon-Mead greenspace acquisition, Oakland County
(grant-in-aid to city of Rochester Hills)
(#09-165)
Grand Isle acquisition, Kent County (grant-in-aid
to Plainfield Township) (#09-166)
Plainfield nature park expansion acquisition, Iosco
County (grant-in-aid to Plainfield Township)
(#09-026)
Grand River ravines acquisition, Ottawa County
(grant-in-aid to Ottawa County) (#09-075)
Huron Mountains deeryard complex acquisition,
Marquette County (#09-157)
Boardman Lake trail and nature reserve expansion,
Grand Traverse County (grant-in-aid to Garfield
Charter Township) (#09-173)
Little Pigeon River property acquisition, Cheboygan
County (#09-137)
Grassland/bird habitat initiative, various counties
(#09-156)
Linear park acquisition, phase I, Wayne County
(grant-in-aid to Northville Township) (#09-174)
Saugatuck harbor natural area acquisition, phase I,
Allegan County (grant-in-aid to city of Saugatuck)
(#09-001)
Northern Lower Peninsula eco-regional land
consolidation, various counties (#09-133)
Menominee River oxbow acquisition, Menominee County
(#09-136)
Two Rivers park acquisition, Ionia County
(grant-in-aid to city of Portland) (#09-010)
Upper Peninsula eco-regional land consolidation,
various counties (#09-131)
Southwest Lower Peninsula eco-regional land
consolidation, various counties (#09-130)
Diamond district park land acquisition, Shiawassee
County (grant-in-aid to city of Durand) (#09-083)
Grand River greenway trail acquisition, Ottawa
County (grant-in-aid to village of Spring Lake)
(#09-064)
Parker road park expansion, St. Clair County
(grant-in-aid to Fort Gratiot Township) (#09-167)
St. Johns trailside parkway acquisition, Clinton
County (grant-in-aid to city of St. Johns)
(#09-169)
Lake George nature park acquisition, Oakland County
(grant-in-aid to Addison Township) (#09-033)
Pinckney recreation area land consolidation,
various counties (#09-154)
Trust fund development projects by priority:
Lowell area trailway, Kent County (grant-in-aid to
Lowell area recreation authority) (#09-058)
Central Agonikak national recreation trail
enhancement, Gogebic County (grant-in-aid to
Watersmeet Township) (#09-123)
Mill Creek park development, Washtenaw County
(grant-in-aid to village of Dexter) (#09-028)
Gladwin city park and campground improvements,
Gladwin County (grant-in-aid to city of Gladwin)
(#09-051)
Liberty park improvements, Saginaw County
(grant-in-aid to Bridgeport Township) (#09-092)
City beach improvements, Ottawa County
(grant-in-aid to city of Grand Haven) (#09-099)
Pinconning park improvements, Bay County
(grant-in-aid to Bay County) (#09-027)
North bank trail development, Ottawa County
(grant-in-aid to Spring Lake Township) (#09-112)
Birney park renovations, Bay County (grant-in-aid
to city of Bay City) (#09-062)
Cass River greenway water trail development,
Saginaw County (grant-in-aid to city of
Frankenmuth) (#09-101)
Milliken state park east riverwalk, final link,
Wayne County (#09-149)
L'Anse area schools village park, Baraga County
(grant-in-aid to L'Anse area schools) (#09-115)
Central park fishing dock, Ingham County
(grant-in-aid to Meridian Township) (#09-068)
Elizabeth park riverwalk - northpointe, Wayne
County (grant-in-aid to Wayne County) (#09-127)
Grand River greenway nonmotorized trail, Ottawa
County (grant-in-aid to village of Spring Lake)
(#09-015)
Pennies for the park at Miners park, Marquette
County (grant-in-aid to city of Negaunee) (#09-113)
Iron ore heritage trail interpretive signage,
Marquette County (grant-in-aid to Iron Ore
heritage recreation authority) (#09-071)
Marina boardwalk and boat launch, Baraga County
(grant-in-aid to village of Baraga) (#09-120)
Colon community park development, St. Joseph County
(grant-in-aid to village of Colon) (#09-049)
Fillmore Township park development, Allegan County
(grant-in-aid to Fillmore Township) (#09-104)
Pinewood park splash pad, Kent County (grant-in-aid
to city of Kentwood) (#09-029)
Holland state park campground restroom, Ottawa
County (#09-145)
School Lake fishing access, Marquette County
(grant-in-aid to Republic Township) (#09-087)
Island sanctuary park boardwalk, Emmet County
(grant-in-aid to village of Alanson) (#09-114)
Concord mill pond trailhead park-falling waters,
Jackson County (grant-in-aid to village of
Concord) (#09-050)
Hastings riverwalk development, Barry County
(grant-in-aid to city of Hastings) (#09-111)
Rabbit River park development, Allegan County
(grant-in-aid to city of Wayland) (#09-063)
Dodge #4 state park - water system replacement,
Oakland County (#09-143)
Helder park improvements, Ottawa County
(grant-in-aid to Holland Township) (#09-090)
Bloomer park development, Oakland County
(grant-in-aid to White Lake Township) (#09-103)
Frederick Meijer white pine trail staging area,
Kent County (grant-in-aid to city of Cedar
Springs) (#09-003)
Sherman park picnic shelter development, Chippewa
County (grant-in-aid to city of Sault Ste. Marie)
(#09-105)
Hickory woods park development, Washtenaw County
(grant-in-aid to Pittsfield Township) (#09-013)
Indian River pathway development, Cheboygan County
(grant-in-aid to Tuscarora Township) (#09-072)
Barber memorial park improvements, Genesee County
(grant-in-aid to Montrose Township) (#09-025)
Maiden Lane community park improvements, Berrien
County (grant-in-aid to St. Joseph Township)
(#09-017)
Cass River greenway water trail development,
Tuscola County (grant-in aid to city of Vassar)
(#09-100)
Cass River greenway water trail development,
Tuscola County (grant-in-aid to Tuscola Township)
(#09-102)
Meade Township park development, Mason County
(grant-in-aid to Meade Township) (#09-066)
State park infrastructure development, various
counties (#09-148)
Building demolition initiative, various counties
(#09-155)
Rose Lake shooting range development, Clinton
County (#09-129)
GROSS APPROPRIATION.................................... $ 35,658,200
Appropriated from:
Special revenue funds:
Michigan natural resources trust fund.................. 35,658,200
State general fund/general purpose..................... $ 0
Sec. 103. STATE BUILDING AUTHORITY FINANCED
CONSTRUCTION AUTHORIZATIONS
Michigan Technological University - Great Lakes
research center (total authorized cost $25,337,000;
state building authority share $18,749,800;
Michigan Technological University share
$6,587,000; state general fund share $200)........... $ 100
Oakland University - human health building (total
authorized cost $61,748,100; state building
authority share $39,999,800; Oakland University
share $21,748,100; state general fund share $200).... 100
Washtenaw Community College - skilled trades
training program renovations project - (total
authorized cost $14,800,000; state building
authority share $7,399,800; Washtenaw Community
College share $7,400,000; state general fund share
$200)................................................ 100
GROSS APPROPRIATION.................................... $ 300
Appropriated from:
State general fund/general purpose..................... $ 300
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. In accordance with the provisions of section 30 of
article IX of the state constitution of 1963, total state spending
from state resources in this appropriation act for the fiscal year
ending September 30, 2010 is $35,658,500.00. State appropriations
paid to local units of government are $22,853,800.00 as follows:
Acquisition grants-in-aid.............................. $ 15,152,800
Development grants-in-aid.............................. 7,701,000
Total payments to locals............................... $ 22,853,800
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.
DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT
Sec. 301. The department of natural resources and environment
shall enter into agreements with local units of government for the
purpose of administering the grants identified in part 1. Among
other provisions, the agreements shall require that grant
recipients agree to dedicate to public outdoor recreation uses in
perpetuity the land acquired or developed; to replace lands
converted or lost to other than public outdoor recreation use; and,
for parcels acquired that are over 5 acres in size, to provide the
state with a nonparticipating 1/6 minimum royalty interest in any
acquired minerals that are retained by the grant recipient. The
agreements shall also provide that the full payments of grants can
be made only after proof of acquisition, or proof of completion of
the development project, is submitted by the grant recipient and
all costs are verified by the department of natural resources and
environment.
Sec. 302. Any unobligated balance in a natural resources trust
fund appropriation made under part 1 shall not revert to the funds
from which appropriated at the close of the fiscal year, but shall
continue until the purpose for which it was appropriated is
completed for a period not to exceed 3 fiscal years. The unexpended
balance of any natural resources trust fund appropriation made in
part 1 remaining after the purpose for which it was appropriated is
completed shall revert to the Michigan natural resources trust fund
and be made available for appropriation.
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. (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 of
technology, management, and budget 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 of technology, management, and budget.
(c) Any other items as identified by the department of
technology, management, and budget that are necessary to complete
the project.
(2) The department of technology, management, and budget
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. 403. 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. 404. The Bay City state police post project was
authorized for construction in 2008 PA 278 with an estimated total
project cost of $2,889,000.00 (state building authority share
$2,888,900.00; and general fund/general purpose share $100.00).
Minimal project site costs were identified at the time construction
was authorized, and an increase is necessary to provide for site
development expenses including excavation, utility connections,
drainage, asphalt paving, and perimeter fencing. The cost of the
project is therefore increased by $311,000.00, from $2,889,000.00
to $3,200,000.00 (state building authority share $3,199,900.00; and
general fund/general purpose share $100.00).
COLLEGES AND UNIVERSITIES
Sec. 501. (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 composed 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 state
administrative board upon the recommendation of the director of the
department of technology, management, and budget. The director of
the department of technology, management, and budget may recommend
to the state administrative board the release of any appropriation
in part 1 only after the director of the department of technology,
management, and budget 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 community 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. 502. 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. 503. (1) The director of the department of technology,
management, and budget 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 of the
department of technology, management, and budget 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 of the
department of technology, management, and budget notifies the JCOS
of the intent to terminate the project unless the JCOS convenes to
extend the authorization.
