FY 2024-25: LICENSING AND REGULATORY AFFAIRS Summary: As Passed by the Senate Senate Bill 764 (S-1) Analyst: Marcus Coffin Difference: Senate FY 2023-24 From FY 2023-24 Enacted FY 2024-25 FY 2024-25 FY 2024-25 FY 2024-25 Enacted as of 2/7/24 Executive House Senate Conference Amount % IDG/IDT $46,897,200 $27,682,800 $27,682,800 $27,682,800 ($19,214,400) (41.0) Federal 50,004,200 30,471,300 30,471,300 30,471,300 (19,532,900) (39.1) Local 0 0 0 0 0 -- Private 0 0 0 0 0 -- Restricted 259,708,400 280,707,400 277,507,400 286,707,400 26,999,000 10.4 GF/GP 271,331,100 296,605,700 300,805,700 296,450,700 25,119,600 9.3 Gross $627,940,900 $635,467,200 $636,467,200 $641,312,200 $13,371,300 2.1 FTEs 1,893.9 1,818.0 1,816.0 1,818.0 (75.9) (4.0) Note: Appropriation figures for FY 2024-25 include all proposed appropriation amounts, including amounts designated as "one- time." Overview The Department of Licensing and Regulatory Affairs (LARA) is the state's primary regulatory entity. The department oversees regulation across a variety of sectors, including commercial and occupational activities, construction and fire safety, health care and human services, public utilities, liquor control, and cannabis. Units within LARA also conduct and adjudicate administrative hearings, oversee rules promulgation, provide support for the Michigan Indigent Defense Commission and the Unarmed Combat Commission, and administer multiple grant programs, including Michigan Indigent Defense Commission grants. FY 2023-24 FY 2024-25 Enacted Senate Budget Changes from FY 2023-24 Enacted Appropriations (as of 2/7/24) Change 1. Michigan Indigent Defense Commission (MIDC) Grants Gross $220,917,400 $37,427,900 Executive includes $37.4 million GF/GP to support grant distributions to Restricted 300,000 0 district and circuit court funding units to fund the state's projected share GF/GP $220,617,400 $37,427,900 of FY 2024-25 costs associated with MIDC standards 1-8 and the indigency standard. Of the total, $24.6 million is included for compliance with standards 1, 2, 3, 4, 5, and 8, which pertain to the education and training of defense counsel, timing and location of attorney-client interviews, defense investigations and experts, presence of counsel at first appearance and other trial stages, independence of indigent criminal defense services from the judiciary, and attorney compensation, contracting, and payments; $12.9 million is included for costs incurred for compliance with MIDC standards 6 and 7, which pertain to indigent defense workloads and attorney qualification and review. House and Senate concur. 2. Executive Order 2023-6 Implementation FTE NA (147.0) Executive reflects the removal of $25.6 million Gross ($4.4 million Gross NA ($25,586,500) GF/GP) and 147.0 FTE positions to effectuate the reorganization of IDG/IDT NA (20,653,100) various childcare and educational functions within the Department of Restricted NA (544,600) Lifelong Education, Advancement, and Potential, required under EO GF/GP NA ($4,388,800) 2023-6. This adjustment would result in the complete removal of functions related to childcare and camps licensing from LARA. House and Senate concur. House Fiscal Agency 1 6/19/2024 FY 2023-24 FY 2024-25 Enacted Senate Budget Changes from FY 2023-24 Enacted Appropriations (as of 2/7/24) Change 3. Renewable Energy and Electrification Infrastructure FTE 2.0 (2.0) Enhancement and Development Gross $21,300,000 ($21,300,000) (a) Executive removes $21.3 million Gross ($20.0 million one-time Federal 20,000,000 (20,000,000) Coronavirus State Fiscal Recovery Fund; $1.3 million one-time GF/GP) GF/GP $1,300,000 ($1,300,000) included in the FY 2023-24 budget for grants to businesses, nonprofit organizations, and local government units for planning, developing, designing, acquiring, or constructing renewable energy and electrification infrastructure projects. House and Senate concur. (b) House includes $500,000 GF/GP (one-time) for FY 2024-25 grants FTE NA 0.0 to businesses, nonprofit organizations, and local government units for Gross NA $0 planning, developing, designing, acquiring, or constructing renewable GF/GP NA $0 energy and electrification infrastructure projects, which include renewable natural gas facilities and electric vehicle fast-charging infrastructure on publicly owned land within 1,000 feet of a U.S. highway or state trunkline roadway. From the gross funding total, $125,000 and authorization for 1.0 FTE is provided for the Public Service Commission to administer the grant program. House also includes boilerplate section 1004, which directs the department to expend $5.0 million of unexpended work project appropriations for this purpose. Senate does not include. 4. Clean Energy Implementation FTE NA 31.0 Executive includes $5.8 million of state restricted funding authorization Gross NA $5,822,700 from Public Utility Assessments and authorization for 31.0 FTE positions Restricted NA 5,822,700 to support the implementation and administration of responsibilities GF/GP NA $0 under 2023 PAs 229, 231, 233, 234, and 235, colloquially referred to as the "clean energy package". Funding would be utilized to support staffing costs within the Public Service Commission (PSC), Michigan Office of Administrative Hearings and Rules, and Administrative Services line items. Departmental responsibilities under the acts include reviewing renewable energy plans, expanding reviews of Integrated Resource Plan and Energy Waste Reduction filings, and PSC oversight of renewable energy facility siting. House and Senate concur. 5. Michigan Saves Gross $5,500,000 ($1,500,000) Executive removes $5.5 million GF/GP (one-time) that was appropriated GF/GP $5,500,000 ($1,500,000) in FY 2023-24 for Michigan Saves, a non-profit green bank. House includes $5.0 million GF/GP one-time for Michigan Saves for FY 2024- 25. Funding would be used to offer credit enhancement tools intended to incentivize lending at lower rates and under better terms for renewable energy and energy efficiency improvement loans to commercial, residential, and public entities. Such credit enhancement tools would include a loan loss reserve fund. Senate includes $4.0 million GF/GP (ongoing) for this purpose. 6. Elevator Inspections FTE NA 10.0 Executive includes $4.4 million of state restricted funding authorization Gross NA $4,400,000 from Elevator Fees and authorization for 10.0 FTE positions to hire Restricted NA 4,400,000 additional elevator inspectors within the Bureau of Construction Codes GF/GP NA $0 to address significant inspection backlogs. Additional funding is available because of administrative rule changes that increased certain elevator fees effective June 2023. House includes $2.2 million of state restricted funding authorization and authorization for 5.0 FTE positions for this purpose. Senate concurs with Executive. House Fiscal Agency 2 6/19/2024 FY 2023-24 FY 2024-25 Enacted Senate Budget Changes from FY 2023-24 Enacted Appropriations (as of 2/7/24) Change 7. Cannabis Regulatory Agency (CRA) FTE 173.0 9.0 Executive includes $3.4 million of additional state restricted funding Gross $28,004,600 $3,448,500 authorization from marihuana funds and authorization for 9.0 FTEs to Restricted 28,004,600 3,448,500 hire additional CRA staff and to support the statewide marihuana GF/GP $0 $0 monitoring system, which tracks marihuana inventory and sales. Approximately $2.0 million of the increase would be allocated for costs associated with the monitoring system; this increase would allow for the elimination of monthly user license fees which currently support the system. The remaining $1.4 million would be allocated for increased staffing. Additional staff would include 4.0 positions within the Legal Section, 2.0 positions within the License Maintenance Section, 1.0 auditor within the Financial Compliance Section, and 2.0 fire inspectors. House includes $1.4 million in additional state restricted funding authorization and FTE authorization for additional staff but does not include funding for the statewide marihuana monitoring system. Senate concurs with Executive. 8. Cannabis Regulatory Agency – Attorney General Gross NA $2,049,600 Executive includes $2.0 million of state restricted funding authorization Restricted NA 2,049,600 from marihuana funds to support costs incurred by the Department of GF/GP NA $0 Attorney General for increased enforcement activities conducted in the cannabis sector. House and Senate concur. 9. Nursing Home Surveys and Investigations FTE NA 12.0 Executive includes $1.9 million GF/GP and authorization for 12.0 FTE Gross NA $1,700,000 positions to hire additional staff to offset increased workloads associated Restricted NA 1,700,00 with health and long-term care facilities and to conduct surveys and GF/GP NA $0 investigations of nursing homes. The increased staffing would assist with federal performance measure compliance. House concurs. Senate includes $1.7 million of state restricted funding authorization from Health Systems Fees and authorization for 12.0 FTE positions for this purpose. 10. Bureau of Professional Licensing (BPL) Authorization Increase FTE 202.0 0.0 Executive includes an additional $1.5 million of state restricted funding Gross $40,966,500 $1,500,000 authorization from 4 separate funds for the BPL line item. This Restricted 40,587,800 1,500,000 authorization increase would allow LARA to properly align staff with the GF/GP $378,700 $0 relevant fund to support the specific work being completed. This alignment would assist the department with auditing and would prevent expenditures from funds with insufficient revenue. House and Senate concur. 11. Bureau of Construction Codes (BCC) Authorization Increase FTE 172.0 2.0 Executive includes $1.5 million of state restricted funding authorization Gross $26,634,900 $1,486,300 from the Construction Code Fund and authorization for 2.0 FTE positions Restricted 25,335,600 1,486,300 to hire additional regulation agents within the BCC to address a backlog GF/GP $1,299,300 $0 of builder-related complaints. House and Senate concur. 12. Utility Consumer Representation Gross $850,000 $1,250,000 Executive includes an additional $1.3 million in state restricted funding Restricted 850,000 1,250,000 authorization from the Utility Consumer Representation Fund for Utility GF/GP $0 $0 Consumer Representation to reflect base contribution adjustments that were made via 2023 PA 231. These adjustments increase the amount available from the fund. The increase would bring total funding for Utility Consumer Representation to $2.1 million, which supports grants administered by the Utility Consumer Participation Board and awarded to nonprofit organizations and local units of government (upon application and approval) for representation and advancement of residential utility customers' interests in administrative and judicial proceedings. House and Senate concur. House Fiscal Agency 3 6/19/2024 FY 2023-24 FY 2024-25 Enacted Senate Budget Changes from FY 2023-24 Enacted Appropriations (as of 2/7/24) Change 13. Medication Aide Program Implementation FTE NA 7.0 Executive includes $1.1 million of state restricted funding authorization Gross NA $1,062,200 from the Nurse Aide and Medication Aide Registration Fund and Restricted NA 1,062,200 authorization for 7.0 FTE positions to hire additional staff to administer GF/GP NA $0 medication aide training and certification requirements created by 2023 PA 273. Funding would also be used to develop and implement a medication aide training curriculum, testing requirements, and to improve regulatory compliance. House and Senate concur. 14. PSC 5-Year Energy Waste Reduction and Demand Response Gross $0 $1,000,000 Study Restricted 0 1,000,000 Executive includes $1.0 million of state restricted funding authorization GF/GP $0 $0 to support consulting services that would be necessary for PSC to fulfill a requirement for 5-year studies on statewide energy waste reduction and demand response potential. The requirement for studies is established within 2016 PA 341. House concurs but designates the funding as one-time. Senate concurs with Executive. 15. Sign Language Qualified Interpreters Gross NA $800,000 Executive includes $800,000 GF/GP to support the Qualified Interpreter Restricted NA 800,000 Program (QIP) within the Bureau of Community and Health Systems. GF/GP NA $0 The QIP is responsible for certifying, credentialing, and endorsing qualified American Sign Language (ASL) interpreters. The funding would support 3.0 new full-time staff positions, updates to database systems, and evaluation of testing methodologies for ASL interpreters. House does not include. Senate includes $800,000 of state restricted funding authorization from Health Systems Fees for this purpose. 16. PSC Authorization Increase FTE 195.0 0.0 Executive includes $562,600 of additional state restricted funding Gross $34,941,000 $562,600 authorization from Public Utility Assessments to allow the PSC to hire Federal 3,078,600 0 personnel to fill currently vacant FTE positions. The FTEs would assist Restricted 31,862,400 562,600 with the PSC's call center and customer outreach activities. PSC activity GF/GP $0 $0 levels are expected to increase due to statutory changes and new programs that the PSC is responsible for implementing and administering, including changes made under the clean energy package and a FY 2023-24 grant program. House and Senate concur. 17. Corporations, Securities, and Commercial Licensing Bureau FTE 109.0 0.0 (CSCLB) Authorization Increase Gross $15,854,400 $550,000 Executive includes an additional $550,000 of state restricted funding Restricted 15,854,400 550,000 authorization from Corporation Fees to allow the CSCLB to fill vacant GF/GP $0 $0 FTE positions and to reinstate senior-level positions. These positions would be used to address increased work volumes resulting from growth in the number of active business entities regulated by the CSCLB. House and Senate concur. 18. Consultation, Education, and Performance Office Gross $0 $400,000 Executive includes $400,000 of additional state restricted funding Restricted 0 400,000