Bill Text: MI HB6414 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Environmental protection: other; public notice; revise to make reference to the local government public notice act. Amends secs. 4709, 8905c, 11535, 11542, 11906, 30707, 30714, 30910, 30912, 30913, 30929, 34117, 35304, 35702 & 35703 of 1994 PA 451 (MCL 324.4709 et seq.).
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6414 Detail]
Download: Michigan-2019-HB6414-Introduced.html
HOUSE BILL NO. 6414
November 12, 2020, Introduced by Reps. Bolden,
Meerman and Steven Johnson and referred to the Committee on Government
Operations.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 4709, 8905c, 11535, 11542, 11906, 30707, 30714, 30910, 30912, 30913, 30929, 34117, 35304, 35702, and 35703 (MCL 324.4709, 324.8905c, 324.11535, 324.11542, 324.11906, 324.30707, 324.30714, 324.30910, 324.30912, 324.30913, 324.30929, 324.34117, 324.35304, 324.35702, and 324.35703), section 4709 as amended by 2002 PA 214, section 8905c as added by 1998 PA 15, section 11542 as amended by 2018 PA 640, section 11906 as added by 1995 PA 60, sections 30707, 30714, 30910, 30912, 30913, 34117, 35702, and 35703 as added by 1995 PA 59, section 30929 as amended by 2011 PA 96, and section 35304 as amended by 2012 PA 297.
the people of the state of michigan enact:
Sec. 4709. (1) The district may enter into contracts with any municipality located within its territorial limits providing for the acquisition, construction, improvement, enlargement, extension, operation, and financing of a sewage disposal system or water supply system. A contract shall must provide for the allocation and payment of the share of the total cost to be borne by the municipality in annual installments for a period not exceeding 40 years. Each contracting municipality may pledge its full faith and credit for the payment of the obligation in the manner and times specified in the contract. The district shall make a reasonable charge for its services that it renders to the users in order to cover the retirement of outstanding indebtedness, costs of operation, maintenance, and replacement of its plants and reserves for capital improvements. If there is excess money in the treasury of the district after all of the contingencies have been met, the excess shall must be rebated to the contracting municipalities in proportion to the total amount that the municipality paid for services it has received from the district. No limitation in any statute or charter shall may prevent the levy and collection by each of the contracting municipalities of the full amount of taxes necessary for the payment of the contractual obligation. These funds Money may be raised by each contracting municipality by the use of 1 or more of the following methods:
(a) The levy of special assessments on property benefited by the sewage disposal system or water supply system. The procedures relative to the levying and collection of the special assessments shall must conform as near as may be to applicable charter or statutory provisions.
(b) The levy and collection of rates or charges to users and beneficiaries of the service or services furnished by the sewage disposal system or water supply system.
(c) From money received, or to be received, derived from the imposition of taxes by this state, unless the money for this purpose is expressly prohibited by the state constitution of 1963.
(d) From any other fund or funds that may be validly used for the purpose. The contract may provide for any and all matters relating to the acquisition, construction, operation, and financing of the sewage disposal system or water supply system as are considered necessary, including authorization to the district to issue bonds secured by the full faith and credit pledges of the contracting municipalities, as authorized in this part. The contract may provide for appropriate remedies in case of default, including, but not limited to, the right of the municipalities to authorize the county treasurer or other official charged with the disbursement of funds money derived from the state sales tax levy under the general sales tax act, 1933 PA 167, MCL 205.51 to 205.78, to withhold sufficient funds money to make up any default or deficiency. in funds.
(2) A municipality desiring to enter into a contract with the district under this section shall authorize, by resolution of its governing body, the execution of the contract. The Before January 1, 2022, the resolution shall be published in 1 or more newspapers of general circulation within the municipality. , and the Beginning January 1, 2022, notice of the resolution must be posted as provided in the local government public notice act. The contract may be executed without a vote of the electors upon the expiration of 30 days after the date of the publication unless, within the 30-day period, a petition signed by not less than 10% of the registered electors residing within the limits of the municipality is filed with the clerk of the municipality requesting a referendum upon the execution of the contract. If this occurs, the contract shall not cannot be executed until approval by the vote of a majority of the electors of the municipality qualified to vote and voting at a general or special election to be held not more than 90 days after the filing of the petition. A special election called for this purpose shall not be is not included in any statutory or charter limitation as to the number of special elections to be called within any period of time. Signatures on any petition shall must be verified by some person under oath, as the actual signatures of the persons whose names are signed on the petition, and the clerk of the municipality has the same power to reject signatures as city clerks under section 25 of the home rule city act, 1909 PA 279, MCL 117.25. The number of registered electors in a municipality is determined by the registration books as of the date of the filing of the petition.
(3) To obtain funds to acquire, construct, improve, enlarge, or extend the sewage disposal system or water supply system authorized by this part, the district, after the execution of the contract or contracts authorized by this part, upon ordinance or resolution adopted by the district, may issue its negotiable bonds secured by the full faith and credit pledges made by each contracting municipality pursuant to authorization contained in this part and the contracts entered into pursuant to under this part. Except as otherwise provided in this part, bonds are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821. The ordinance or resolution authorizing the issuance of the bonds shall must include the terms of the contracts.
Sec. 8905c. (1) A peace officer may seize and impound a vehicle operated in the commission of a violation of this part if the operator of the vehicle has previously been convicted for a violation of this part. Upon impoundment, the vehicle is subject to a lien, subordinate to a prior lien of record, in the amount of any fine, costs, and damages that the defendant may be ordered to pay under this part. The defendant or a person with an ownership interest in the vehicle may post with the court a cash or surety bond in the amount of $750.00. If such a bond is posted, the vehicle shall must be released from impoundment. The vehicle shall must also be released, and the lien shall be discharged, upon a judicial determination that the defendant is not responsible for the violation of this part or upon payment of the fine, costs, and damages. Additionally, if the defendant is determined to be not responsible for the violation of this part, the court shall assess against the governmental entity bringing the action costs, payable to the defendant, for any damages that the defendant has sustained due to the impoundment of the vehicle.
(2) If the court determines that the defendant is responsible for the violation of this part and the defendant defaults in the payment of any fine, costs, or damages, or any installment, as ordered pursuant to this part, any bond posted under subsection (1) shall be is forfeited and applied to the fine, costs, damages, or installment. The court shall certify any remaining unpaid amount to the attorney for the governmental entity bringing the action. The attorney for the governmental entity may enforce the lien by a foreclosure sale. The foreclosure sale shall must be conducted in the manner provided and subject to the same rights as apply in the case of execution sales under sections 6031, 6032, 6041, 6042, and 6044 to 6047 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6031, 600.6032, 600.6041, 600.6042, and 600.6044 to 600.6047.
(3) Not less than 21 days before the foreclosure sale under subsection (2), the attorney for the governmental entity bringing the action shall by certified mail send written notice of the time and place of the foreclosure sale to each person with a known ownership interest in or lien of record on the vehicle. In Before January 1, 2022, in addition, not less than 10 days before the foreclosure sale, the attorney shall twice publish notice of the time and place of the foreclosure sale in a newspaper of general circulation in the county in which the vehicle was seized. Beginning January 1, 2022, notice of the foreclosure sale must be posted in the county in which the vehicle was seized not less than 10 days before the foreclosure sale as provided in the local government public notice act. The proceeds of the foreclosure sale shall must be distributed in the following order of priority:
(a) To discharge any lien on the vehicle that was recorded prior to the creation of the lien under subsection (1).
(b) To the clerk of the court for the payment of the fine, costs, and damages, that the defendant was ordered to pay.
(c) To discharge any lien on the vehicle that was recorded after the creation of the lien under subsection (1).
(d) To the owner of the vehicle.
Sec. 11535. A county or regional solid waste management planning agency preparing a solid waste management plan shall do all of the following:
(a) Solicit the advice of and consult periodically during the preparation of the plan with the municipalities, appropriate organizations, and the private sector in the county under section 11538(1) and solicit the advice of and consult with the appropriate county or regional solid waste management planning agency and adjacent counties and municipalities in adjacent counties which that may be significantly affected by the solid waste management plan for a county.
(b) If a planning committee has been appointed under section 11534, prepare the plan with the advice, consultation, and assistance of the planning committee.
(c) Notify by letter the chief elected official of each municipality within the county and any other person within the county so requesting, not less than 10 days before each public meeting of the planning agency designated by the county, if that planning agency plans to discuss the county plan. The letter shall must indicate as precisely as possible the subject matter being discussed.
(d) Submit for review a copy of the proposed county or regional solid waste management plan to the department, to each municipality within the affected county, and to adjacent counties and municipalities that may be affected by the plan or that have requested the opportunity to review the plan. The county plan shall must be submitted for review to the designated regional solid waste management planning agency for that county. Reviewing agencies shall be are allowed an opportunity of not less than 3 months to review and comment on the plan before adoption of the plan by the county or a designated regional solid waste management planning agency. The comments of a reviewing agency shall must be submitted with the plan to the county board of commissioners or to the regional solid waste management planning agency.
(e) Publish a notice, at the time the plan is submitted for review under subdivision (d), of the availability of the plan for inspection or copying, at cost, by an interested person.
(f) Conduct a public hearing on the proposed county solid waste management plan before formal adoption. A Before January 1, 2022, a notice shall must be published not less than 30 days before a hearing in a newspaper having a major circulation within the county. The notice shall must indicate a location where copies of the plan are available for public inspection and shall must indicate the time and place of the public hearing. Beginning January 1, 2022, notice of the hearing must be posted not less than 30 days before a hearing as provided in the local government public notice act.
Sec. 11542. (1) Except as provided in subsection (5) and except for municipal solid waste incinerator ash that is described and used as provided in section 11506(6)(h), municipal solid waste incinerator ash shall must be disposed of in 1 of the following:
(a) A landfill that meets all of the following requirements:
(i) The landfill is in compliance with this part and the rules promulgated under this part.
(ii) The landfill is used exclusively for the disposal of municipal solid waste incinerator ash.
(iii) The landfill design includes all of the following in descending order according to their placement in the landfill:
(A) A leachate collection system.
(B) A synthetic liner at least 60 mils thick.
(C) A compacted clay liner of 5 feet or more with a maximum hydraulic conductivity of 1 x 10-7 centimeters per second.
(D) A leak detection and leachate collection system.
(E) A compacted clay liner at least 3 feet thick with a maximum hydraulic conductivity of 1 x 10-7 centimeters per second or a synthetic liner at least 40 mils thick.
(b) A landfill that meets all of the following requirements:
(i) The landfill is in compliance with this part and the rules promulgated under this part.
(ii) The landfill is used exclusively for the disposal of municipal solid waste incinerator ash.
(iii) The landfill design includes all of the following in descending order according to their placement in the landfill:
(A) A leachate collection system.
(B) A composite liner, as defined in R 299.4102 of the part 115 rules.
(C) A leak detection and leachate collection system.
(D) A second composite liner.
(iv) If contaminants that may threaten the public health, safety, or welfare, or the environment are found in the leachate collection system described in subparagraph (iii)(C), the owner or operator of the landfill shall determine the source and nature of the contaminants and make repairs, to the extent practicable, that will prevent the contaminants from entering the leachate collection system. If the department determines that the source of the contaminants is caused by a design failure of the landfill, the department, notwithstanding an approved construction permit or operating license, may require landfill cells at that landfill that will be used for the disposal of municipal solid waste incinerator ash, which that are under construction or will be constructed in the future at the landfill, to be constructed in conformance with improved design standards approved by the department. However, this subparagraph does not require the removal of liners or leak detection and leachate collection systems that are already in place in a landfill cell under construction.
(c) A landfill that is a monitorable unit, as defined in R 299.4104 of the part 115 rules, and that meets all of the following requirements:
(i) The landfill is in compliance with this part and the rules promulgated under this part.
(ii) The landfill is used exclusively for the disposal of municipal solid waste incinerator ash.
(iii) The landfill design includes all of the following in descending order according to their placement in the landfill:
(A) A leachate collection system.
(B) A synthetic liner at least 60 mils thick.
(C) Immediately below the synthetic liner, either 2 feet of compacted clay with a maximum hydraulic conductivity of 1 x 10-7 centimeters per second or a bentonite geocomposite liner, as specified in R 299.4914 of the part 115 rules.
(D) At least 10 feet of either natural or compacted clay with a maximum hydraulic conductivity of 1 x 10-7 centimeters per second, or equivalent.
(d) A landfill with a design approved by the department that will prevent the migration of any hazardous constituent into the groundwater or surface water at least as effectively as the design requirements of subdivisions (a) to (c).
(e) A type II landfill, as described in R 299.4105 of the part 115 rules if both of the following conditions apply:
(i) The ash was generated by a municipal solid waste incinerator that is designed to burn at a temperature in excess of 2500 degrees Fahrenheit.
(ii) The ash from any individual municipal solid waste incinerator is disposed of pursuant to this subdivision for a period not to exceed 60 days.
(2) Except as provided in subsection (3), a landfill that is constructed pursuant to the design described in subsection (1) shall be capped following its closure by all of the following in descending order:
(a) Six inches of top soil with a vegetative cover.
(b) Two feet of soil to protect against animal burrowing, temperature, erosion, and rooted vegetation.
(c) An infiltration collection system.
(d) A synthetic liner at least 30 mils thick.
(e) Two feet of compacted clay with a maximum hydraulic conductivity of 1 x 10-7 centimeters per second.
(3) A landfill that receives municipal solid waste incinerator ash under this section may be capped with a design approved by the department that will prevent the migration of any hazardous constituent into the groundwater or surface water at least as effectively as the design requirements of subsection (2).
(4) If leachate is collected from a landfill under this section, the leachate shall be monitored and tested in accordance with this part and the rules promulgated under this part.
(5) As an alternative to disposal described in subsection (1), the owner or operator of a municipal solid waste incinerator may process municipal solid waste incinerator ash through mechanical or chemical methods, or both, to substantially diminish the toxicity of the ash or its constituents or limit the leachability of the ash or its constituents to minimize threats to human health and the environment, if processing is performed on the site of the municipal solid waste incinerator or at the site of a landfill described in subsection (1), if the process has been approved by the department as provided by rule, and if the ash is tested after processing in accordance with a protocol approved by the department as provided by rule. The department shall approve the process and testing protocol under this subsection only if the process and testing protocol will protect human health and the environment. In making this determination, the department shall consider all potential pathways of human and environmental exposure, including both short-term and long-term, to constituents of the ash that may be released during the reuse or recycling of the ash. The department shall consider requiring methods to determine the leaching, total chemical analysis, respirability, and toxicity of reused or recycled ash. A leaching procedure shall must include testing under both acidic and native conditions. If municipal solid waste incinerator ash is processed in accordance with the requirements of this subsection and the processed ash satisfies the testing protocol approved by the department as provided by rule, the ash may be disposed of in a municipal solid waste landfill, as defined by R 299.4104 of the part 115 rules, licensed under this part or may be used in any manner approved by the department. If municipal solid waste incinerator ash is processed as provided in this subsection, but does not comply with the testing protocol approved by the department as provided by rule, the ash shall must be disposed of in accordance with subsection (1).
(6) The disposal of municipal solid waste incinerator ash within a landfill that is in compliance with subsection (1) does not constitute a new proposal for which a new construction permit is required under section 11509, if a construction permit has previously been issued under section 11509 for the landfill and the owner or operator of the landfill submits 6 copies of an operating license amendment application to the department for approval pursuant to part 13. The operating license amendment application shall must include revised plans and specifications for all facility modifications including a leachate disposal plan, an erosion control plan, and a dust control plan which shall be as part of the operating license amendment. The dust control plan shall must contain sufficient detail to ensure that dust emissions are controlled by available control technologies that reduce dust emissions by a reasonably achievable amount to the extent necessary to protect human health and the environment. The dust control plan shall must provide for the ash to be wet during all times that the ash is exposed to the atmosphere at the landfill or otherwise to be covered by daily cover material; for dust emissions to be controlled during dumping, grading, loading, and bulk transporting of the ash at the landfill; and for dust emissions from access roads within the landfill to be controlled. With the exception of a landfill that is in existence on June 12, 1989 that the department determines is otherwise in compliance with this section, the owner or operator of the landfill shall obtain the operating license amendment prior to before initiating construction. Prior to operation, Before operating, the owner or operator of a landfill shall submit to the department certification from a licensed professional engineer that the landfill has been constructed in accordance with the approved plan and specifications. When the copies are submitted to the department, the owner or operator of the landfill shall send a copy of the operating license amendment application to the municipality where the landfill is located. At least 30 days prior to before making a final decision on the operating license amendment, the department shall hold at least 1 public meeting in the vicinity of the landfill to receive public comments. Prior to a public meeting, Before January 1, 2022, before a public meeting is held, the department shall publish notice of the meeting in a newspaper serving the local area. Beginning January 1, 2022, before a public meeting is held, the department shall provide notice of the meeting in the manner required by the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(7) The owner or operator of a municipal solid waste incinerator or a disposal area that receives municipal solid waste incinerator ash shall allow the department access to the facility for the purpose of supervising the collection of samples or obtaining samples of ash to test or to monitor air quality at the facility.
(8) As used in subsection (1), "landfill" means a landfill or a specific portion of a landfill.
Sec. 11906. (1) A municipality desiring to enter into a contract under section 11902 or 11903 shall authorize, by resolution of its governing body, the execution of the contract. After the adoption of the resolution, if the full faith and credit of the municipality is pledged, the municipality shall provide public notice. Before January 1, 2022, a notice of the adoption of the resolution shall must be published in a newspaper of general circulation in the municipality. Beginning January 1, 2022, notice of the adoption of the resolution must be posted as provided in the local government public notice act. The notice shall must state all of the following:
(a) That the governing body has adopted a resolution authorizing execution of the contract.
(b) The purpose and the expected cost of the contract to the municipality.
(c) The source of payment for the municipality's contractual obligation.
(d) The right of referendum on the contract.
(e) Other information the governing body determines to be necessary to adequately inform interested electors of the nature of the obligation.
(2) A contract pledging the full faith and credit may be executed and delivered by the municipality upon approval of its governing body without a vote of the electors on the contract, but the contract shall does not become effective until the expiration of 45 days after the date of publication of the notice required by subsection (1). If, within the 45-day period, a petition requesting a referendum upon the contract, signed by not less than 5% or 15,000 of the registered electors residing within the limits of the municipality, whichever is less, is filed with the clerk of the municipality, the contract shall does not become effective until approved by the vote of a majority of the electors of the municipality qualified to vote and voting at a general or special election.
(3) A special election called for pursuant to subsection (2) shall is not be included in statutory or charter limitation as to the number of special elections to be called within a specified period of time. Signatures on the petition shall must be verified by an elector under oath as the actual signatures of the electors whose names appear on the petition, and the clerk of the municipality shall have the same power to reject signatures as city clerks under section 25 of the home rule city act, Act No. 279 of the Public Acts of 1909, being section 117.25 of the Michigan Compiled Laws. 1909 PA 279, MCL 117.25. The number of registered electors in a municipality shall be is determined from the municipality's registration books.
Sec. 30707. (1) Upon filing of a civil action under this part, the court shall set a day for a hearing. The Before January 1, 2022, the prosecuting attorney or other legal counsel of the county or counties or the department shall give notice of the hearing by publication in 1 or more newspapers of general circulation in the county and, if the waters of the inland lake are situated in 2 or more counties, in 1 or more newspapers of general circulation in each of the counties in which the inland lake is located. The notice shall must be published at least once each week for 3 successive weeks before the date set for the hearing. Beginning January 1, 2022, notice of the hearing must be posted as provided in the local government public notice act.
(2) The Before January 1, 2022, the commissioner shall serve a copy of the published notice of hearing by first-class mail at least 3 weeks prior to before the date set for the hearing to each person whose name appears upon the latest city or township tax assessment roll as owning land within a tentative special assessment district at the address shown on the roll; to the governing body of each political subdivision of the this state in which where the lake is located; and to the governing body of each affected political subdivision of the this state. If an address does not appear on the roll, then a notice need not be mailed to the person. The commissioner shall make an affidavit of mailing. The failure to receive a notice properly mailed shall does not constitute a jurisdictional defect invalidating proceedings under this part. Beginning January 1, 2022, notice of the hearing must be posted as provided in the local government public notice act.
(3) The prosecuting attorney or the legal counsel of the county shall serve notice on the department at least 21 days prior to before the date of the hearing.
(4) In a determination of the normal level of an inland lake, the court shall consider all of the following:
(a) Past lake level records, including the ordinary high-water mark and seasonal fluctuations.
(b) The location of septic tanks, drain fields, sea walls, docks, and other pertinent physical features.
(c) Government surveys and reports.
(d) The hydrology of the watershed.
(e) Downstream flow requirements and impacts on downstream riparians.
(f) Fisheries and wildlife habitat protection and enhancement.
(g) Upstream drainage.
(h) Rights of riparians.
(i) Testimony and evidence offered by all interested persons.
(j) Other pertinent facts and circumstances.
(5) The court shall determine the normal level to be established and maintained, shall have continuing jurisdiction, and may provide for departure from the normal level as necessary to accomplish the purposes of this part. The court shall confirm the special assessment district boundaries within 60 days following the lake level determination. The court may determine that the normal level shall vary varies seasonally.
Sec. 30714. (1) A special assessment roll shall must describe the parcels of land to be assessed, the name of the owner of each parcel, if known, and the dollar amount of the assessment against each parcel.
(2) The delegated authority shall set a time and place for a public hearing or hearings on the project cost and the special assessment roll. Notice of a hearing shall must be provided as follows:
(a) Before January 1, 2022, by both of the following:
(i) (a) By publication of notice at least twice prior to before the hearing in a newspaper that circulates in the special assessment district, the first publication to be at least 10 days before the hearing.
(ii) (b) As provided in Act No. 162 of the Public Acts of 1962, being sections 211.741 to 211.746 of the Michigan Compiled Laws.1962 PA 162, MCL 211.741 to 211.746.
(b) Beginning January 1, 2022, notice must be posted as provided in the local government public notice act.
(3) At or after a public hearing, the delegated authority may approve or revise the cost of the project or the special assessment roll. Before construction of a project is begun, the county board shall approve the cost and the special assessment roll by resolution.
(4) The special assessment roll with the assessments listed shall be is final and conclusive unless appealed in a court within 15 days after county board approval.
Sec. 30910. Within 60 days after his or her receipt of the reports, the chairperson shall hold a meeting of the lake board to review the reports required under section 30909 and to determine the practicability of the project. The hearing shall be public. , and Before January 1, 2022, notice of the hearing shall must be published twice in a newspaper of general circulation in each local unit of government to be affected. The first publication shall must be not less than 20 days prior to before the time of the hearing. Beginning January 1, 2022, notice of the hearing must be posted as provided in the local government public notice act. The board shall determine the practicability of the project within 10 days after the hearing unless it is determined at the hearing that more information is needed before the determination can be made. Immediately upon receipt of the additional information, the board shall make its determination.
Sec. 30912. If the lake board passes a resolution in which it that determines the project to be practicable, the lake board shall determine to proceed with the project, shall approve the plans and estimate of costs as originally presented or as revised, corrected, amended, or changed, and shall determine the sufficiency of the petition for the improvement. The Before January 1, 2022, the resolution shall must be published once in a newspaper of general circulation in each local unit of government to be affected. Beginning January 1, 2022, notice of the resolution must be posted as provided in the local government public notice act. After the resolution has been published or public notice has been provided, the sufficiency of the petition shall is not be subject to attack except in an action brought in a court of competent jurisdiction within 30 days after publication. The lake board, after finally accepting the special assessment district, shall prepare an assessment roll based upon on the benefits to be derived from the proposed lake improvement, and the lake board shall direct the assessing official of each local unit of government to be affected to join in making an assessment roll in which shall be entered and described that includes and describes all the parcels of land to be assessed, with the names of the respective owners of the parcels of land, if known, and the total amount to be assessed against each parcel of land and against each local unit of government to be affected, which amount shall be such relative portion of the whole sum to be levied against all parcels of land and local units of government in the special assessment district as the benefit to such parcel of land and local unit of government bears to the total benefit to all parcels of land and local units of government in the special assessment district. When the assessment roll has been completed, each assessing official shall affix to the assessment roll his or her certificate stating that it was made pursuant to a resolution of the lake board adopted on a specified date, and that in making the assessment roll he or she has, according to his or her best judgment, conformed in all respects to the directions contained in the resolution and the statutes of the this state.
Sec. 30913. The assessment roll shall must be reported to the lake board by the assessing official of the local unit or units of government initiating the proceeding and filed in the office of the clerk of each local unit of government to be affected. Before confirming the assessment roll, the lake board shall appoint a time and place when it will meet and review the assessment roll and hear any objections to the assessment roll. , and Before January 1, 2022, the lake board shall publish notice of the hearing and the filing of the assessment roll twice prior to before the hearing in a newspaper of general circulation in each local unit of government to be affected, the first publication to be at least 10 days before the hearing. Notice of the hearing shall must also be given in accordance with Act No. 162 of the Public Acts of 1962, being sections 211.741 to 211.746 of the Michigan Compiled Laws. 1962 PA 162, MCL 211.741 to 211.746. Beginning January 1, 2022, notice of the hearing must be posted as provided in the local government public notice act. The hearing may be adjourned from time to time without further notice. Any person or local unit of government objecting to the assessment roll shall file his or her the objection in writing with the chairperson before the close of the hearing or within such further time period as the lake board may grant. After the hearing, the lake board may confirm the special assessment roll as reported to it or as amended or corrected by it, may refer it back to the assessing officials for revision, or may annul it and direct a new roll to be made. When a special assessment roll has been confirmed, the clerk of each local unit of government shall endorse on the assessment roll the date of the confirmation. After confirmation, the special assessment roll and all assessments on the assessment roll shall be are final and conclusive unless attacked in a court of competent jurisdiction within 30 days after notice of confirmation has been is published in the same manner as the notice of hearing.
Sec. 30929. A lake board for an inland lake is dissolved if all of the following requirements are met:
(a) The governing body of each local unit of government in which where all or part of the lake is located holds a public hearing on the proposed dissolution, determines that the lake board is no longer necessary for the improvement of the lake because the reasons for the establishment of the lake board no longer exist, and approves the dissolution of the lake board. For a public inland lake, the governing body of each local unit of government in which where all or part of the lake is located may hold the public hearing on the dissolution of the lake board on its own initiative. For a public or private inland lake, the governing body of each local unit of government in which where all or part of the lake is located shall hold a public hearing on the dissolution of the lake board upon petition of at least 2/3 of the property owners owning land abutting the lake or upon petition of the property owners who have been assessed at least 2/3 of the cost of the most recent improvements, excluding the amount assessed to local units at large. Notice Before January 1, 2022, notice of the public hearing shall must be published twice in a newspaper of general circulation in each local unit of government in which where all or part of the lake is located. The first notice shall must be published not less than 10 days before the date of the hearing. Beginning January 1, 2022, notice of the public hearing must be posted as provided in the local government public notice act.
(b) All outstanding indebtedness and expenses of the lake board are paid in full.
(c) Any excess funds of money held by the lake board are is refunded based on the last approved special assessment roll. However, if the amount of excess funds money is de minimis, the excess funds shall it must be distributed to the local units of government in which where all or part of the lake is located, apportioned based on the amounts assessed against each local unit of government and lands in that local unit on the last approved special assessment roll.
(d) The lake board determines that it is no longer necessary for the improvement of the lake, because the reasons for its establishment no longer exist, and adopts an order approving its dissolution.
Sec. 34117. (1) The irrigation board at its first meeting shall consider the petition for the project, make a tentative determination as to regarding the sufficiency of the petition and the practicability of the proposed irrigation project, and make a tentative determination of the area to be assessed. The irrigation board shall give a name to the project and to the irrigation district.
(2) After the irrigation board has made the determination regarding sufficiency of the petition and practicability of the proposed project, it shall set a time and place to hear objections to the proposed irrigation project and the petition for the project, and to consider the matter of assessing the cost of the irrigation project in the affected lands.
(3) In Before January 1, 2022, in addition to the public notice prescribed in required by section 34115(1), additional notice of the hearing shall must be published twice in the county in not less than 1 newspaper published in the county and designated by the irrigation board, with the first publication not less than 20 days before the hearing. Notice of the hearing shall must also be given to property owners in the assessment district pursuant to Act No. 162 of the Public Acts of 1962, being sections 211.741 to 211.746 of the Michigan Compiled Laws. 1962 PA 162, MCL 211.741 to 211.746. The irrigation board may provide a form to be substantially followed in giving this notice. Beginning January 1, 2022, notice of the hearing must be posted as provided in the local government public notice act.
(4) At the hearing, the department shall submit its report on the petition, and any person is entitled to be heard. After the hearing, the irrigation board shall make a determination as to regarding the sufficiency of the petition, the practicability of the irrigation project, and whether the irrigation project should be constructed. If the department determines that the project should be constructed, it shall issue an appropriate final order of determination.
(5) A final order of determination establishing an irrigation district shall must not be issued by the irrigation board until the board has been served with an order by the department stating that the department has determined that the proposed irrigation by the proposed irrigation district, as set forth in the petition, supporting papers, and examinations specified in section 34116, is feasible and within the purpose of this part and that the project can be constructed and operated in a manner that would not violate the conditions and limitations of section 34101. If the department by its order determines that the proposed irrigation district cannot be established without violating a condition or limitation of section 34101, its order shall be is final and further action for the formation of the proposed irrigation district shall must not be taken by the irrigation board. Land in the irrigation district shall must not be eliminated from or added to that land tentatively determined to be assessed without a rehearing after notice, as provided in this section. The irrigation district is legally established after entry of the final order of determination.
Sec. 35304. (1) A person shall not initiate a use within a critical dune area unless the person obtains a permit from the local unit of government in which where the critical dune area is located or the department if the department issues permits as provided under subsection (7). (8). A permit for a use within a critical dune area is subject to all of the following:
(a) A person proposing a use within a critical dune area shall file an application with the local unit of government, or with the department if the department is issuing permits under the model zoning plan. The application form shall must include information necessary to conform with the requirements of this part. If a project proposes the use of more than 1 critical dune area location within a local unit of government, 1 application may be filed for the uses.
(b) The Before January 1, 2022, the local unit of government shall provide notice of an application filed under this section to each person who makes a written request to the local unit of government for notification of pending applications. The local unit of government may charge an annual fee for providing this notice. The local unit of government shall prepare a monthly list of the applications made during the previous month and shall promptly provide copies of the list for the remainder of the calendar year to the persons who have requested notice. In addition, if the department issues permits under this part within a local unit of government, notice of an application shall must also be given to the local conservation district office, the county clerk, the county health department, and the local unit of government in which where the property is located. The monthly list shall must state the name and address of each applicant, the location of the applicant's project, and a summary statement of the purpose of the use. The local unit of government may hold a public hearing on pending applications.
(c) The notice shall must state that unless a written request is filed with the local unit of government within 20 days after the notice is sent, the local unit of government may grant the application without a public hearing. Upon the written request of 2 or more persons who own real property within 2 miles of the project, the local unit of government shall hold a public hearing pertaining to a permit application.
(d) At least 10 days' notice of a hearing to be held pursuant to under this section shall must be given by publication in 1 or more newspapers of general circulation in the county in which where the proposed use is to be located, and by providing notice to the persons who have requested notice pursuant to under subdivision (b) and to the person requesting the hearing.
(e) After the filing of an application, the local unit of government shall grant or deny the permit within 60 days, or within 90 days if a public hearing is held. If a permit is denied, the local unit of government shall provide to the applicant a concise written statement of its reasons for denial of the permit, and if it appears that a minor modification of the application would result in the granting of the permit, the nature of the modification shall must be stated. In an emergency, the local unit of government may issue a conditional permit before the expiration of the 20-day period referred to in subdivision (c).
(f) The local unit of government shall base a decision to grant or deny a permit under this section on the model zoning plan or on any existing ordinance that is in effect in the local unit of government that provides a substantially equivalent level of protection for critical dune areas and that is approved by the department.
(g) Subject to section 35316, a permit shall be is approved unless the local unit of government or the department determines that the use will significantly damage the public interest on the privately owned land, or, if the land is publicly owned, the public interest in the publicly owned land, by significant and unreasonable depletion or degradation of any of the following:
(i) The diversity of the critical dune areas within the local unit of government.
(ii) The quality of the critical dune areas within the local unit of government.
(iii) The functions of the critical dune areas within the local unit of government.
(2) Notwithstanding subsection (1), beginning January 1, 2022, the notice described in subsection (1) must be posted as provided in the local government public notice act.
(3) (2) The decision of the local unit of government or the department with respect to a permit shall must be in writing and shall be based upon on evidence that would meet the standards in section 75 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.275. A decision denying a permit shall must document, and any review upholding the decision shall must determine, all of the following:
(a) That the local unit of government or the department has met the burden of proof under subsection (1).
(b) That the decision is based upon sufficient facts or data.
(c) That the decision is the product of reliable scientific principles and methods.
(d) That the decision has applied the principles and methods reliably to the facts.
(e) That the facts or data upon which that the decision is based on are recorded in the file.
(4) (3) A permit shall must not be granted that authorizes construction of a dwelling or other permanent building on the first lakeward facing slope of a critical dune area or foredune except on a lot of record that was recorded prior to July 5, 1989 that does not have sufficient buildable area landward of the crest to construct the dwelling or other permanent building as proposed by the applicant. The proposed construction, to the greatest extent possible, shall must be placed landward of the crest. The portion of the development that is lakeward of the crest shall must be placed in the location that has the least impact on the critical dune area.
(5) (4) Except as provided in subsection (3), (4), a permit shall must provide that a use that is a structure shall be constructed behind the crest of the first landward ridge of a critical dune area that is not a foredune. However, if construction occurs within 100 feet measured landward from the crest of the first landward ridge that is not a foredune, the use shall must meet all of the following requirements:
(a) The structure and access to the structure shall must be in accordance with a site plan prepared for the site by a registered professional architect or a licensed professional engineer and the site plan shall must provide for the disposal of storm waters without serious soil erosion and without sedimentation of any stream or other body of water.
(b) Access to the structure shall must be from the landward side of the dune.
(c) The dune shall must be restabilized with indigenous vegetation.
(d) The crest of the dune shall must not be reduced in elevation.
(6) (5) As soon as possible following adoption of a zoning ordinance enacted pursuant to under this part, the local unit of government shall submit to the department a copy of the ordinance that it determines meets the requirements of this part. If the local unit of government has an existing ordinance that it contends is substantially equivalent to the model zoning plan, that ordinance may be submitted to the department at any time. The department shall review zoning ordinances submitted under this section to assure compliance with this part. If the department finds that an ordinance is not in compliance with this part, the department shall work with the local unit of government to bring the ordinance into compliance and inform the local unit of the failure to comply and in what ways the submitted ordinance is deficient. Unless a local unit of government receives notice, within 180 days after submittal of submitting the ordinance to the department under this subsection, that the ordinance is not in compliance with this part, the ordinance shall be is considered to be approved by the department.
(7) (6) A local unit of government may adopt, submit to the department, and obtain approval of a zoning ordinance based on the model zoning plan or an equivalent ordinance as provided in this section by June 30, 1990. If a local unit does not have an approved ordinance by June 30, 1990, the department shall implement the model zoning plan for that local unit of government in the same manner and under the same circumstances as provided in subsection (1). Notwithstanding any other provision of this part, a local unit of government may adopt a zoning ordinance at any time, and upon the approval of the department, that ordinance shall take takes the place of the model zoning plan implemented by the department.
(8) (7) If a local unit of government in which where a proposed use is to be located does not elect to issue permits or does not receive department approval of a zoning ordinance that regulates critical dune areas, the department shall implement the model zoning plan in the place of the local unit of government and issue special exceptions in the same circumstances as provided in this part for the issuance of variances by local units of government, and issue permits pursuant to subsection (1) and part 13.
(9) (8) The department shall assist local units of government in developing ordinances that meet the requirements of this part.
Sec. 35702. (1) Twenty-five or more freeholders of a township may apply by petition to the board for the county in which where that township is located for designation of a county local road or portion of a county local road as a natural beauty road. Twenty-five or more freeholders of a city may petition the legislative body of the city for designation of a city street or a portion of a city street as a natural beauty street. Twenty-five or more freeholders of a village may petition the legislative body of the village for designation of a village street or a portion of a village street as a natural beauty street.
(2) Within 6 months after a petition is received, the board or the legislative body of the city or village shall hold a public hearing to consider designating the road or street described in the petition as a natural beauty road or natural beauty street, respectively. The hearing shall must be held at a suitable place within the township in which where the proposed natural beauty road is located or the city or village in which where the proposed natural beauty street is located. At the hearing, a party or interested person may support or object to the proposed designation. The Before January 1, 2022, the board, the legislative body of the city, or the legislative body of the village shall give notice of the hearing by publication at least once each week for 2 successive weeks in a newspaper of general circulation in the county, city, or village, respectively, and by posting 5 notices within the limits of the portion of the road or street to be designated, in public and conspicuous places. The posting shall must be done and at least 1 publication in the newspaper shall must be made not less than 10 days before the hearing. Beginning January 1, 2022, notice of the hearing must be posted as provided in the local government public notice act.
(3) Within 30 days after the hearing, if the board, the legislative body of the city, or the legislative body of the village considers the designation desirable, it shall file with the county clerk, city clerk, or village clerk, respectively, a true copy of its resolution designating the portion of the county local road as a natural beauty road, the portion of the city street as a natural beauty street, or the portion of the village street as a natural beauty street, respectively.
Sec. 35703. (1) Not more than 45 days after a board designates a road as a natural beauty road or the legislative body of a city or village designates a street as a natural beauty street, the property owners of record of 51% or more of the lineal footage along the natural beauty road or natural beauty street may submit a petition to the board or the legislative body of the city or village, respectively, requesting that the designation be withdrawn. If the petition is valid, the designation as a natural beauty road or natural beauty street shall be is withdrawn.
(2) A board or the legislative body of a city or village may revoke a designation of a natural beauty road or natural beauty street after holding a public hearing in accordance with the procedure described in section 35702(2). Not more than 30 days after a hearing, if the board, the legislative body of the city, or the legislative body of the village by majority vote determines that the revocation is necessary, it shall file with the county clerk, city clerk, or village clerk, respectively, a notice of its determination and, if before January 1, 2022, publish the notice in a newspaper of general circulation in the county, city, or village, respectively, once each week for 2 successive weeks. Beginning January 1, 2022, notice must be posted as provided in the local government public notice act. After publication of the notice, the road or street previously designated shall revert reverts to its former status.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6440 (request no. 02449'19) of the 100th Legislature is enacted into law.
