Bill Text: MI SB0243 | 2013-2014 | 97th Legislature | Engrossed

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Bill Title: Natural resources; funding; funds for dredging and breakwalls; establish. Amends secs. 78108 & 78110 of 1994 PA 451 (MCL 324.78108 & 324.78110).

Spectrum: Partisan Bill (Republican 8-0)

Status: (Engrossed - Dead) 2013-04-17 - Referred To Committee On Natural Resources [SB0243 Detail]

Download: Michigan-2013-SB0243-Engrossed.html

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SB-0243, As Passed Senate, April 17, 2013

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 243

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 78108 and 78110 (MCL 324.78108 and 324.78110),

 

section 78108 as amended by 2003 PA 19 and section 78110 as amended

 

by 2010 PA 302.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 78108. (1) The department may do 1 or more of the

 

following:

 

     (a) Take actions as may be necessary to provide the finances

 

required of local agencies and public colleges and universities as

 

condition for United States' participation in any project in which

 

the department is empowered to act.

 

     (b) Use any part or all of the appropriation and funds

 

otherwise available to meet the portion of the requirement of local

 

participation as the department considers proper.

 

     (c) Enter into agreements with any public college or

 

university or political subdivision of the state in connection with

 

participation with the United States in any project in which the

 

department is empowered to act and provide adjustments which that

 

in the judgment of the department are considered to be in the best

 

interest of the state.

 

     (2) The department may enter into any contract or agreement

 

with the United States army corps of engineers of the United

 

States, or any other agency or instrumentality of the United States

 

for the dredging of harbors , or the erection of breakwaters,

 

piers, or any other device for the protection of vessels , and may

 

do any act or enter into any contract or agreement desirable in

 

implementing this part. The department may take such steps as may

 

be necessary to take advantage of any act of congress that may be

 

of assistance in carrying out the purposes of this part.

 

     (3) Not later than December 31, 2013 and every 3 years

 

thereafter, the department shall conduct an assessment of all

 

harbors in this state to determine the need for dredging and

 

infrastructure improvements and shall post a report of the

 

assessment on the department's website. The department shall

 

annually update the report by listing any dredging or

 

infrastructure improvements that have been undertaken at each

 

harbor and listing the amount of money that was expended or

 

provided for the activities. The updated report shall be posted on

 

the department's website.

 

     Sec. 78110. (1) Money Subject to subsection (2), money in the

 

waterways account shall be used only for the following:

 

     (a) The construction, operation, and maintenance of the

 

following that are associated with recreational boating facilities:

 

     (i) Ramps and related support infrastructure for launching

 

watercraft.

 

     (ii) Piers, jetties, breakwaters, or other similar structures

 

connected to existing or proposed recreational boating facilities

 

or harbors of refuge.

 

     (iii) Moorage facilities and related support infrastructure at

 

marinas to provide dockage for transient and seasonal users.

 

     (iv) Studies and surveys necessary for the development of

 

recreational boating facilities or the operation of recreational

 

boating facilities, and the implementation of recommendations from

 

these studies and surveys.

 

     (v) Restrooms, sewage treatment facilities, showers, potable

 

water supplies, security lights, and parking areas.

 

     (vi) Pump outs.

 

     (vii) Access roads, bridges, signals, and other infrastructure

 

to provide the public access to recreational boating facilities.

 

     (viii) Engineering costs, including planning and construction

 

costs and costs of environmental assessments and permit

 

applications.

 

     (ix) Dredging, stump removal, and aquatic weed control when the

 

activities can be shown to that clear lanes to make a water body

 

more accessible primarily for recreational boats as opposed to

 

general navigation.

 

     (x) Navigational aids in the immediate area of recreational

 

boating facilities.

 

     (xi) Signage for the effective use of recreational boating

 

facilities.

 

     (xii) Publication of guides, brochures, maps, road signs,

 

internet sites, and other aids to inform boaters of recreational

 

boating facilities.

 

     (xiii) Projects that compensate or mitigate for natural resource

 

losses caused by activities described in this subdivision.

 

     (xiv) Locks used exclusively by recreational boaters.

 

     (xv) Leases of property for recreational boating facilities or

 

parking areas for the exclusive use of recreational boating

 

facilities.

 

     (xvi) Boat storage facilities, boat lift facilities, and boat

 

servicing facilities within recreational boating facilities when

 

constructed so as to be leased to a private marina operator under

 

the guidelines of part 791.

 

     (xvii) Equipment used exclusively for the development,

 

maintenance, or operation of recreational boating facilities.

 

     (b) The acquisition of property or rights in property for the

 

purposes of this part, including both of the following:

 

     (i) Land acquisition for the development of recreational

 

boating facilities or parking areas exclusively for the servicing

 

of recreational boating facilities.

 

     (ii) Water rights for the securing of recreational boating

 

access facilities.

 

     (c) For grants to local units of government and state colleges

 

or universities to acquire and develop harbors of refuge and public

 

boating access sites under section 78115.

 

     (d) For the purposes provided in part 791.

 

     (e) For the administration of this part and part 791,

 

including the following:

 

     (i) Administrative and overhead cost directly related to

 

recreational boating facilities.

 

     (ii) Employee wages and benefits incurred for the

 

administration of this part.

 

     (iii) Conferences, meetings, and training for employees working

 

at or on recreational boating facilities.

 

     (2) For 3 consecutive state fiscal years beginning in state

 

fiscal year 2015-2016, not less than 50% of the money that is

 

expended from the waterways account in any state fiscal year shall

 

be expended for projects listed in subsection (1)(a)(i), (ii), (iii),

 

(viii), (ix), (xiv), and (xvii), and grants for these purposes under

 

subsection (1)(c). The recipient of a grant under this subsection

 

shall not be required to contribute more than 25% of the amount of

 

the grant as a local match.