January 27, 2005, Introduced by Rep. Stewart and referred to the Committee on Natural Resources, Great Lakes, Land Use and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding part 312.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 312 WATERSHED ALLIANCES
Sec. 31201. As used in this part:
(a) "County agency" means an agency created or controlled by a
county board of commissioners or a county executive, a board of
county road commissioners, or an office of the county drain
commissioner.
(b) "Member" means a municipality, county, county agency,
public school district, public college or university, or other
local or regional public agency that is a member of a watershed
alliance.
(c) "Watershed" means a geographic area in the state within
which surface water drains into a common river, stream, or body of
water.
(d) "Watershed alliance" means an organization established
under section 31202.
(e) "Watershed management plan" means a written document
prepared and approved by a watershed alliance that identifies water
management issues and problems, proposes goals and objectives, and
outlines actions to achieve the goals and objectives identified by
members of a watershed alliance.
Sec. 31202. (1) Two or more municipalities, by resolution of
their respective governing bodies, may establish a watershed
alliance for the purpose of studying problems and planning and
implementing activities designed to address surface water quality
or water flow issues of mutual concern in a watershed, including 1
or more of the following:
(a) Preparation of watershed management plans and other
required documents as part of state or federal requirements to
obtain water discharge permits or grant funding.
(b) Monitoring, sampling, and analyses of data necessary to
manage the watershed, including, but not limited to, surface water
quality, water quantity and flows, ecosystem health, recreational
use, and the publication of results.
(c) Conducting public surveys, preparing and distributing
informational and educational materials, and organizing activities
involving the public.
(d) Designing and implementing projects and conducting
activities to protect or enhance water quality and related
beneficial uses, or manage flows to protect or reduce damage to
riparian property and aquatic habitat.
(e) Designing and implementing other actions consistent with
watershed management plans adopted by a watershed alliance, or
required to protect public health, and maintain and restore
beneficial public uses of the surface water resources of the
watershed.
(2) A resolution under subsection (1) establishing a watershed
alliance shall include bylaws that identify, at a minimum, all of
the following:
(a) The structure of the organization and decision-making
process.
(b) The geographic boundaries of the watershed.
(c) The municipalities, counties, county agencies, public
school districts, and other local or regional public agencies
eligible for membership in the watershed alliance as provided under
subsection (3).
(d) The basis for assessing costs to members.
(e) A mechanism to be used for adoption of an annual budget to
support projects and activities.
(3) A watershed alliance shall provide an equitable basis for
all municipalities, counties, and county agencies within the
geographic boundaries of the watershed to voluntarily join as
members. In addition, at its discretion, the watershed alliance may
authorize the voluntary membership of any local public school
district, public college or university, or any other local or
regional public agency that has water management responsibilities.
Following establishment of a watershed alliance under subsection
(1), by resolution of its governing body, a municipality, county,
county agency, public school district, public college or
university, or other local or regional public agency established
under state law with surface water management responsibility may
voluntarily join a watershed alliance as provided for in this
subsection.
Sec. 31203. A watershed alliance is a body corporate with
power to sue and be sued in any court of this state and with the
authority to carry out its responsibilities under this part and as
otherwise provided by law.
Sec. 31204. (1) A watershed alliance, consistent with the
purposes identified in section 31202 and its bylaws, may do 1 or
more of the following:
(a) Employ personnel to coordinate and implement actions.
(b) Enter into agreements or contracts with public or private
entities to coordinate or implement actions.
(c) Assess and collect fees from members with approval of the
governing bodies of the members.
(d) Solicit grants, gifts, and contributions from federal,
state, regional, or local public agencies and from private sources.
(e) Expend funds provided by members, or through grants,
gifts, and contributions.
(f) Represent members of the watershed alliance before other
bodies considering issues affecting water quality or flow
management issues within the designated watershed, including
obtaining local, state, or federal permits or authorizations that
may be required to carry out activities as may be authorized by its
members.
(2) A watershed alliance shall prepare and deliver to its
members on or before April 1 of each year a report detailing the
revenue received and expenditures by the watershed alliance during
the immediately prior January 1 through December 31 period.
(3) A watershed alliance does not have independent authority
to assess or collect any fees or taxes directly from individuals or
property owners. A watershed alliance member may allocate the use
of public funds from fees, taxes, or assessments generated under
the provisions of other state laws for use by a watershed alliance.
Sec. 31205. (1) A watershed alliance shall obtain an audit of
its financial records, accounts, and procedures at least every
other year.
(2) A watershed alliance shall submit the results of an audit
under subsection (1) to the governing bodies of its members and to
the state treasurer.
(3) An audit under subsection (1) shall satisfy all audit
requirements set under the uniform budgeting and accounting act,
1968 PA 2, MCL 141.421 to 141.440a.