Bill Text: MI HB5155 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Natural resources; rivers and streams; adopt-a-river program; limit to state parks and recreation areas. Amends secs. 35901 & 35903 of 1994 PA 451 (MCL 324.35901 & 324.35903) & repeals sec. 35904 of 1994 PA 451 (MCL 324.35904).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-03-20 - Assigned Pa 78'18 With Immediate Effect [HB5155 Detail]
Download: Michigan-2017-HB5155-Engrossed.html
HB-5155, As Passed Senate, March 6, 2018
HOUSE BILL No. 5155
October 19, 2017, Introduced by Reps. LaSata, Hoadley, Pagel, McCready, Lucido, Graves, Marino, Griffin and VanderWall and referred to the Committee on Tourism and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 35901 and 35903 (MCL 324.35901 and 324.35903),
as added by 1996 PA 88; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 35901. (1) As used in this part, "department" means the
department of natural resources.
(2)
(1) The department shall administer a program
entitled the
an
adopt-a-river program which shall be
designed to remove litter
from
and to beautify the state's rivers and public land along the
state's
rivers and riverbanks within state parks and state
recreation areas. The program shall include public informational
activities, but shall be directed primarily toward encouraging and
facilitating the involvement of volunteer groups in litter cleanup
work and assisting volunteer groups in selecting specific river or
stream segments for cleanup activities.
(3) (2)
The department may promulgate rules
as necessary to
implement
the adopt-a-river program. If the Michigan supreme court
rules
that sections 45 and 46 of the administrative procedures act
of
1969, Act No. 306 of the Public Acts of 1969, being sections
24.245
and 24.246 of the Michigan Compiled Laws, are
unconstitutional,
and a statute requiring legislative review of
administrative
rules is not enacted within 90 days after the
Michigan
supreme court ruling, the department shall not promulgate
rules
under this part.
(4) (3)
The department may enter into
agreements with
volunteer groups to implement the adopt-a-river program. Agreements
with volunteer groups shall include, but are not limited to, all of
the following:
(a) Identification of the designated river or stream segment.
The volunteer group may request a specific segment of the river or
stream it wishes to adopt, subject to the approval of the state
park
or recreation area manager or supervisor.
In assisting The
department
shall assist volunteer groups in
selecting to select
sections
of a river or stream , the department shall cooperate and
to identify any necessary permits or other authorizations, in
cooperation with affected federal, state, and local management
agencies, nonprofit organizations, and private landowners.
(b) Specification of the duties of the volunteer group, which
shall
involve the removal include
both of the following:
(i) Removal of litter along the designated river or stream
segment at least once each year.
(ii) (c)
Specification of the responsibilities of the
volunteer
group, including the volunteer group's agreement to abide
by
all Compliance with any rules related to the program that are
adopted by the department.
(d)
A specific designation of the length of time the volunteer
group
contracts to care for the designated river or stream segment,
which
shall be for a period of time of not less than 2 years.
Sec.
35903. (1) The department shall provide volunteer groups
conducting
litter cleanup efforts under this part with data
information
sheets and shall request that the volunteer groups
record
on the data information sheets the types of trash collected
during
the group's cleanup effort. The department shall request the
data
information to be forwarded to the department upon completion.
(2)
The department shall compile information obtained from the
data
information sheets received pursuant to subsection (1) and
shall
include this information in the report prepared under section
35904.This part or an agreement under this part
shall not be
construed to prohibit a cleanup effort from being conducted on any
state land.
Enacting section 1. Section 35904 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.35904, is
repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.
