Bill Text: MI SB0777 | 2015-2016 | 98th Legislature | Engrossed


Bill Title: Appropriations; zero budget; supplemental appropriations; provide for fiscal year 2015-2016. Creates appropriation act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-05-04 - Referred To Committee On Appropriations [SB0777 Detail]

Download: Michigan-2015-SB0777-Engrossed.html

SB-0777, As Passed Senate, May 4, 2016

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 777

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to make, supplement, and adjust appropriations for

 

various state departments and agencies for the fiscal year ending

 

September 30, 2016; and to provide for the expenditure of the

 

appropriations.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. There is appropriated for various state departments

 

and agencies to supplement appropriations for the fiscal year

 

ending September 30, 2016, from the following funds:

 

APPROPRIATION SUMMARY

 

   Full-time equated classified positions............ 4.0

 

GROSS APPROPRIATION.................................... $    127,990,000

 


Total interdepartmental grants and intradepartmental

 

   transfers............................................                 0

 

ADJUSTED GROSS APPROPRIATION........................... $    127,990,000

 

Total federal revenues.................................        25,700,000

 

Total local revenues...................................                 0

 

Total private revenues.................................                 0

 

Total other state restricted revenues..................         1,300,000

 

State general fund/general purpose..................... $    100,990,000

 

 

 

   Sec. 102. DEPARTMENT OF ATTORNEY GENERAL

 

   (1) APPROPRIATION SUMMARY

 

GROSS APPROPRIATION.................................... $      1,300,000

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................                 0

 

ADJUSTED GROSS APPROPRIATION........................... $      1,300,000

 

   Federal revenues:

 

Total federal revenues.................................                 0

 

   Special revenue funds:

 

Total local revenues...................................                 0

 

Total private revenues.................................                 0

 

Total other state restricted revenues..................         1,300,000

 

State general fund/general purpose..................... $              0

 

   (2) ATTORNEY GENERAL OPERATIONS

 

Drinking water declaration of emergency legal services. $       1,300,000

 

GROSS APPROPRIATION.................................... $      1,300,000

 

    Appropriated from:

 


   Special revenue funds:

 

Lawsuit settlement proceeds fund.......................         1,300,000

 

State general fund/general purpose..................... $              0

 

 

 

   Sec. 103. DEPARTMENT OF EDUCATION

 

   (1) APPROPRIATION SUMMARY

 

GROSS APPROPRIATION.................................... $     25,600,000

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................                 0

 

ADJUSTED GROSS APPROPRIATION........................... $     25,600,000

 

   Federal revenues:

 

Total federal revenues.................................        19,600,000

 

   Special revenue funds:

 

Total local revenues...................................                 0

 

Total private revenues.................................                 0

 

Total other state restricted revenues..................                 0

 

State general fund/general purpose..................... $      6,000,000

 

   (2) CENTRAL SUPPORT

 

Drinking water declaration of emergency................ $      25,600,000

 

GROSS APPROPRIATION.................................... $     25,600,000

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................        19,600,000

 

State general fund/general purpose..................... $      6,000,000

 

 

 

   Sec. 104. DEPARTMENT OF ENVIRONMENTAL QUALITY

 


Senate Bill No. 777 as amended May 4, 2016

 

   (1) APPROPRIATION SUMMARY

 

   Full-time equated classified positions............ 4.0

 

GROSS APPROPRIATION.................................... $     33,350,000

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................                 0

 

ADJUSTED GROSS APPROPRIATION........................... $     33,350,000

 

   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..................... $     33,350,000

 

   (2) RESOURCE MANAGEMENT DIVISION

 

   Full-time equated classified positions............ 4.0

 

Drinking water declaration of emergency--4.0 FTE

 

   positions............................................ $      33,350,000

 

GROSS APPROPRIATION.................................... $     33,350,000

 

    Appropriated from:

 

State general fund/general purpose..................... $     33,350,000

 

 

 

   Sec. 105. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

   (1) APPROPRIATION SUMMARY

 

GROSS APPROPRIATION.................................... $    <<8,611,000>>

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 


Senate Bill No. 777 as amended May 4, 2016

 

   transfers............................................                 0

 

ADJUSTED GROSS APPROPRIATION........................... $    <<8,611,000>>

 

   Federal revenues:

 

Total federal revenues.................................         6,100,000

 

   Special revenue funds:

 

Total local revenues...................................                 0

 

Total private revenues.................................                 0

 

Total other state restricted revenues..................                 0

 

State general fund/general purpose..................... $    <<2,511,000>>

 

   (2) LOCAL HEALTH ADMINISTRATION AND GRANTS

 

Drinking water declaration of emergency................ $       8,290,000

 

GROSS APPROPRIATION.................................... $      8,290,000

 

    Appropriated from:

 

   Federal revenues:

 

Social security act, temporary assistance for needy

 

   families.............................................         6,100,000

 

State general fund/general purpose..................... $      2,190,000

   <<(3) CHILDREN'S SERVICES AGENCY - CHILD WELFARE

Foster care payments..................................          321,000

GROSS APPROPRIATION................................... $        321,000

   Appropriated from:

State general fund/general purpose..................... $        321,000>>

   Sec. 106. DEPARTMENT OF NATURAL RESOURCES

 

   (1) APPROPRIATION SUMMARY

 

GROSS APPROPRIATION.................................... $        250,000

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................                 0

 

ADJUSTED GROSS APPROPRIATION........................... $        250,000

 

   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..................... $        250,000

 

   (2) DEPARTMENT INITIATIVES

 

Drinking water declaration of emergency................ $         250,000

 

GROSS APPROPRIATION.................................... $        250,000

 

    Appropriated from:

 

State general fund/general purpose..................... $        250,000

 

 

 

   Sec. 107. SCHOOL AID

 

   (1) APPROPRIATION SUMMARY

 

GROSS APPROPRIATION.................................... $      9,200,000

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................                 0

 

ADJUSTED GROSS APPROPRIATION........................... $      9,200,000

 

   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..................... $      9,200,000

 

   (2) SCHOOL AID

 

State early on services for the drinking water

 


Senate Bill No. 777 as amended May 4, 2016

 

   declaration of emergency............................. $       9,200,000

 

GROSS APPROPRIATION.................................... $      9,200,000

 

    Appropriated from:

 

State general fund/general purpose..................... $      9,200,000

 

 

 

   Sec. 108. DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND

 

BUDGET

 

   (1) APPROPRIATION SUMMARY

 

GROSS APPROPRIATION.................................... $   <<49,679,000>>

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................                 0

 

ADJUSTED GROSS APPROPRIATION........................... $   <<49,679,000>>

 

   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..................... $   <<49,679,000>>

 

   (2) ONE-TIME BASIS ONLY APPROPRIATIONS

 

Drinking water declaration of emergency reserve fund... $    <<48,562,300>>

<<Drinking water declaration of emergency county

   reimbursement........................................         1,116,700>>

GROSS APPROPRIATION.................................... $   <<49,679,000>>

 

    Appropriated from:

 

State general fund/general purpose..................... $   <<49,679,000>>

 

 

 


Senate Bill No. 777 as amended May 4, 2016

 

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, 2016 is $102,290,000.00 and state

 

appropriations paid to local units of government are <<$10,316,700.00>>.

 

     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.

 

 

 

DEPARTMENT OF ATTORNEY GENERAL

 

     Sec. 301. From the lawsuit settlement proceeds fund in the

 

department of treasury, there is appropriated to the department of

 

attorney general up to $1,300,000.00 for fiscal year 2015-2016 to

 

be allocated for costs and associated expenses related to the

 

declaration of emergency due to drinking water contamination.

 

 

 

DEPARTMENT OF EDUCATION

 

     Sec. 401. (1) From the funds appropriated in part 1 for the

 

drinking water declaration of emergency, the department of

 

education shall allocate funding to address the child care and

 

nutrition needs in the city in which a drinking water declaration

 

of emergency was issued. Funds shall be used to support the

 

following activities:

 

     (a) Pilot the expansion of child development and care

 


eligibility to children ages birth to 3 for half-day child care

 

services by removing household income as a determinant of

 

eligibility.

 

     (b) Provide information to child care providers on

 

identification and intervention services for children demonstrating

 

developmental delays associated with exposure to lead.

 

     (c) Provide additional reimbursements for meals to ensure that

 

children receive additional servings of fresh fruits and

 

vegetables.

 

     (d) Expand existing pilot programs to allow families with

 

children to purchase fresh fruits and vegetables and implement a

 

voucher program based on existing models to allow families to

 

purchase produce at local farmer's markets.

 

     (e) Coordinate with local organizations to expand home

 

delivery of fresh fruits and vegetables.

 

     (2) The department of education shall amend definitions and

 

eligibility requirements in the child care and development fund

 

state plan as necessary to implement this section.

 

     (3) From the funds appropriated in part 1, the department of

 

education is authorized to make allocations of federal temporary

 

assistance to needy families funds for food and nutrition needs

 

provided to families meeting eligibility requirements under that

 

program. The department of education shall work with the department

 

of health and human services to utilize federal funds to the

 

maximum extent possible, including, if necessary, revision to the

 

temporary assistance to needy families state plan to expand

 

eligibility to needy families impacted by the emergency.


     Sec. 402. (1) From the funds appropriated in part 1 for the

 

drinking water declaration of emergency, there is allocated

 

$8,000,000.00 in federal child care development funds for emergency

 

needs.

 

     (2) The unexpended funds appropriated for the drinking water

 

declaration of emergency for emergency needs 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 projects under this section until

 

the projects have been completed. The following is in compliance

 

with section 45la of the management and budget act, 1984 PA 431,

 

MCL 18.145la:

 

     (a) The purpose of the project is to provide for children

 

impacted by the drinking water declaration of emergency.

 

     (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 $8,000,000.00.

 

     (d) The tentative completion date is September 30, 2018.

 

 

 

DEPARTMENT OF ENVIRONMENTAL QUALITY

 

     Sec. 501. From the funds appropriated in part 1 for the

 

drinking water declaration of emergency, the department of

 

environmental quality is authorized to pay up to $3,900,000.00 to

 

the municipal water system. The payments shall only be made once a

 

legally executable agreement has been reached between the parties.

 

These funds are intended to pay service costs from July 2016

 

through September 30, 2016.

 


     Sec. 502. From the funds appropriated in part 1 for the

 

drinking water declaration of emergency, the department of

 

environmental quality is authorized to pay up to $25,000,000.00 for

 

the replacement of lead service lines for high-risk, high-hazard

 

homes.

 

     Sec. 503. From the funds appropriated in part 1 for the

 

drinking water declaration of emergency, the department of

 

environmental quality shall allocate funds to address needs related

 

to the declaration of emergency for drinking water contamination.

 

These funds may support, but are not limited to, the following

 

activities:

 

     (a) Water system needs.

 

     (b) Water response team.

 

     Sec. 504. From the funds appropriated in part 1, the

 

department of environmental quality shall grant $25,000,000.00 to a

 

city in which a declaration of emergency due to drinking water

 

contamination was issued for lead service line removal based on a

 

signed grant agreement between this state and that city. Any funds

 

not spent or encumbered by that city for lead service line

 

replacement by September 30, 2017 shall be returned to the general

 

fund of this state. The office of auditor general shall conduct an

 

audit of that city's use of the funds by January 1, 2018 and

 

identify if any funds need to be returned to this state.

 

 

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

     Sec. 601. From the funds appropriated in part 1 for the

 

drinking water declaration of emergency, the department of health

 


Senate Bill No. 777 as amended May 4, 2016

 

and human services shall allocate funds to address needs related to

 

the declaration of emergency for drinking water contamination.

 

These funds may support, but are not limited to, the following

 

activities:

 

     (a) Food bank resources.

 

     (b) Evidence-based home visiting programs.

 

     (c) Intensive services and outreach for children.

 

     Sec. 602. (1) For the fiscal year ending September 30, 2016,

 

from the funds appropriated in part 1, $6,100,000.00 in federal

 

temporary assistance for needy families funds shall be allocated

 

for emergency needs.

 

     (2) The unexpended funds appropriated for drinking water

 

declaration of emergency are redesignated 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 projects under this section until the projects

have 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 provide for children

impacted by the declaration of emergency for drinking water

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 $6,100,000.00.

     (d) The tentative completion date is September 30, 2018.

<<Sec. 603. For all licensed private child welfare agencies

under contract with the department that provide foster care,

independent living and residential treatment services in the water

catchment area of a city in which a drinking water declaration of

emergency was issued, the department shall compensate the agencies

for the increased level of required care and supervision mandated

by the department for the children and youth in the care of the

licensed private child welfare agencies by providing an additional

administrative rate of $10.00 per day per child served by the

agencies in the water catchment area of a city in which a drinking

water declaration of emergency was issued. This payment shall be

paid to the licensed private agencies, retroactive to January 11,

2016 and shall continue at least through September 30, 2016.>>

 

 

DEPARTMENT OF NATURAL RESOURCES

 


     Sec. 701. From the funds appropriated in part 1 for the

 

drinking water declaration of emergency, the department of natural

 

resources shall allocate funds to address needs related to the

 

declaration of emergency for drinking water contamination. These

 

funds shall support a limited summer youth employment program.

 

 

 

SCHOOL AID

 

     Sec. 801. From the amount appropriated in part 1 for state

 

Early On services for the drinking water declaration of emergency,

 

the department of education shall allocate $9,200,000.00 to an

 

intermediate school district for the purpose of providing state

 

Early On services to children who reside within the boundaries of a

 

constituent district with the majority of its territory located

 

within the boundaries of a city in which a declaration of emergency

 

for drinking water contamination was issued. For the purposes of

 

this section, state Early On services shall be provided to children

 

less than 5 years of age as of September 1, 2015 who did not

 

participate in great start readiness programs described in sections

 

32d and 39 of the state school aid act of 1979, 1979 PA 94, MCL

 

388.1632d and 388.1639. The department of education shall

 

administer the state Early On services consistent with the

 

definitions of services contained in the Early On Michigan state

 

plan.

 

 

 

DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET

 

     Sec. 901. (1) The drinking water declaration of emergency

 

reserve fund is created within the state treasury.

 


     (2) From the funds appropriated in part 1 for the drinking

 

water declaration of emergency reserve fund, $50,000,000.00 shall

 

be deposited into the drinking water declaration of emergency

 

reserve fund. In addition to the drinking water declaration of

 

emergency reserve fund, federal funds appropriated in the

 

departments of education and health and human services will also be

 

held in reserve via a work project for future emergency needs.

 

     (3) Funds may only be spent from the drinking water

 

declaration of emergency reserve fund upon appropriation, or

 

legislative transfer pursuant to the section 393 of the management

 

and budget act, 1984 PA 431, MCL 18.1393.

 

     (4) Interest and earnings from the investment of funds

 

deposited in the drinking water declaration of emergency reserve

 

fund shall be deposited in the general fund.

 

     (5) Funds in the drinking water declaration of emergency

 

reserve fund at the close of a fiscal year shall remain in the

 

drinking water declaration of emergency reserve fund and shall not

 

lapse to the general fund.

 

     Sec. 902. (1) From the funds appropriated in part 1 for the

 

drinking water declaration of emergency reserve fund, the

 

department of technology, management, and budget may contract with

 

an integrity oversight monitor to ensure legal compliance, detect

 

misconduct, and promote best practices in the expenditure of the

 

funds appropriated under this act as determined by the department

 

of technology, management, and budget. The integrity oversight

 

monitor shall supplement this state's existing compliance control

 

mechanisms to prevent the inefficient expenditure of state funds.


     (2) The integrity oversight monitor shall be selected by the

 

department of technology, management, and budget from a list of 1

 

or more integrity oversight monitors created and maintained by the

 

department of technology, management, and budget.

 

     (3) A person may not interfere with, prevent, or prohibit the

 

integrity oversight monitor from carrying out its duties as

 

established in this section and set by the department of

 

technology, management, and budget.

 

     (4) All departments, state agencies, committees,

 

commissioners, or officers of this state and any political

 

subdivision of this state, so far as is compatible with their

 

duties, shall give the integrity oversight monitor any necessary

 

assistance required by the integrity oversight monitor in the

 

performance of the duties of the integrity oversight monitor.

 

     (5) The integrity oversight monitor shall communicate with and

 

coordinate its activities with the auditor general and office of

 

internal audit services to ensure against any duplication of

 

efforts.

 

     (6) Not later than September 30, the integrity oversight

 

monitor shall provide a detailed report to the governor, the

 

department of technology, management, and budget, the secretary of

 

the senate, the clerk of the house of representatives, and the

 

chairpersons of the senate and house of representatives committees

 

on appropriations. The report shall contain all of the following:

 

     (a) Detail of the integrity oversight monitor's services for

 

the current fiscal year.

 

     (b) Details of findings of malfeasance or inefficiency.


Senate Bill No. 777 as amended May 4, 2016                 (1 of 2)

 

     (c) Recommendations for corrective actions by any governmental

 

entities.

 

     (7) Not later than March 30 of each year that the contract is

 

in effect, and not later than September 30 of each year that the

 

contract is in effect, the integrity oversight monitor shall

 

provide a detailed report to the governor, the department of

 

technology, management, and budget, the secretary of the senate,

 

the clerk of the house of representatives, and the chairpersons of

 

the senate and house of representatives committees on

 

appropriations. The report shall contain all of the following:

 

     (a) Detail of the integrity oversight monitor's services

 

during the 6-month period.

 

     (b) Detail of the integrity oversight monitor's services over

 

the duration of the contract.

 

     (c) Details of findings of malfeasance or inefficiency.

 

     (d) Recommendations for corrective actions by any governmental

 

entities.

 

     (8) As used in this section, "integrity oversight monitor"

 

means a private entity that contracts to provide specialized

 

services to ensure legal compliance, detect misconduct, and promote

 

best practices in the administration of recovery and rebuilding

 

projects, which services may include, but shall not be limited to,

 

legal, investigative, accounting, forensic accounting, engineering,

 

other professional specialties, risk assessment, developing

 

compliance system constructs, loss prevention, monitoring, contract

 

managers, and independent private inspectors general.

     <<Sec. 903. From the funds appropriated in part 1 for drinking

water declaration of emergency county reimbursement, an amount not to

exceed $1,116,700.00 shall be provided to a county in which a

declaration of emergency for drinking water contamination was

issued to pay for costs and expenses associated with the declaration

of emergency for drinking water. Eligible costs and expenses may

 

include, but are not limited to, the following:

(a)     To build a database and grid for the emergency operations

center to assist in the development of an emergency action plan.

(b)     To establish a multi-media network for the emergency

operations center and to provide ongoing information technology

support.

(c)     To set up a system with local fire stations for the

delivery of clean water and water filters and to ensure clear access

from snow to the emergency operations center's warehouse for the

delivery of clean water and water filters.

(d)     To create a mapping data system for the emergency

operations center to assist with the development of an emergency

action plan.

(e)     To provide personnel for the emergency operations center

for the distribution of clean water and clean water filters in a

city in which a declaration of emergency for drinking water

contamination was made.

(f)     To meet with city and state officials to assist in the

preparation of the emergency action plan.

(g)     To provide extensive testing and screening prior to and

since the declaration of emergency for drinking water contamination

in a city in which such a declaration was made.>>

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