March 5, 2013, Introduced by Senators BOOHER, HANSEN, JONES, PROOS, BRANDENBURG, COLBECK, MARLEAU and CASPERSON and referred to the Committee on Outdoor Recreation and Tourism.
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) The department shall annually conduct an assessment of all
public harbors in this state to determine the need for dredging and
infrastructure improvements. The department shall prepare a report
of this assessment and post the report on the department's website
by December 31 of each year.
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) Beginning in state fiscal year 2015-2016 and continuing
through state fiscal year 2020-2021, not less than 50% of the money
that is expended from the waterways account in any state fiscal
year shall be expended for dredging under subsection (1)(a)(ix), the
construction of breakwaters under subsection (1)(a)(ii), and grants
for either or both of these purposes under subsection (1)(c). The
recipient of a grant under this subsection shall not be required to
contribute more than 10% of the amount of the grant as a local
match.