SB-0150,As Passed House,May 20, 2003SB-0150, As Passed Senate, March 25, 2003

SUBSTITUTE FOR

SENATE BILL NO. 150

                                                                             A bill to amend 1994 PA 451, entitled                                             

"Natural resources and environmental protection act,"                       

by amending sections 78106, 78108, 78110, 78115, and 79112                  

(MCL 324.78106, 324.78108, 324.78110, 324.78115, and 324.79112),            

sections 78106, 78108, and 79112 as added by 1995 PA 58 and                 

section 78110 as amended and section 78115 as added by 1998                 

PA 210.                                                                     

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 78106.  The local units of government of this state,                   

2   within the jurisdiction of which are situated inland waterways              

3   connected with or connecting the waters of the Great Lakes, or              

4   within which channels to nearby inland lakes and streams may be             

5   constructed or opened for navigation and shelter of light draft             

6   vessels,  are authorized may by majority vote of their                     

7   respective legislative bodies  , to  enter into contracts and               

1   agreements with the department in  the accomplishment of

2   carrying out the purposes  set forth in of this part.  In                  

3   addition, the public colleges and universities of the state may             

4   enter into contracts and agreements with the department in                  

5   carrying out the purposes of this part.

6       Sec. 78108.  (1) The department  is authorized to take such                 

7   action may do 1 or more of the following:                                  

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

9   required of local agencies and public colleges and universities

10  as condition for United States' participation in any project in             

11  which the department is empowered to act.  and to use

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

13  otherwise available to meet  such part the portion of the                  

14  requirement of local participation as the department considers              

15  proper.  , and to enter

16  (c) Enter into agreements with any public college or                        

17  university or political subdivision of the state in connection              

18  with participation with the United States in any project in which           

19  the department is empowered to act  ,  and  to  provide  such

20  adjustments which in the judgment of the department are                     

21  considered to be in the best interest of the state.                         

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

23  with the army corps of engineers of the United States, or any               

24  other agency or instrumentality of the United States for the                

25  dredging of harbors, the erection of breakwaters, piers or any              

26  other device for the protection of vessels, and may do any act or           

27  enter into any contract or agreement desirable in implementing              

1   this part.  The department  is further authorized to may take              

2   such steps as may be necessary to take advantage of any act of              

3   congress  enacted which that may be of assistance in carrying              

4   out the purposes of this part.                                              

5       Sec. 78110.  (1) The Michigan state waterways fund is                       

6   created in the state treasury.  The fund shall be administered by           

7   the state treasurer and shall be used by the department solely              

8   for the construction, operation, and maintenance of recreational            

9   boating facilities, the acquisition of property for the purposes            

10  of this part, for grants to local units of government and public            

11  colleges or universities to acquire and develop harbors of refuge           

12  and public boating access sites under section 78115, and for the            

13  administration of this part.  The fund shall receive such                   

14  revenues as the legislature may provide.                                    

15      (2) The Michigan harbor development fund is created in the                  

16  state treasury.  The fund shall be administered by the state                

17  treasurer and shall be used by the department solely for the                

18  purposes provided in part 791 and for the administration of that            

19  part.  The fund shall receive revenues as provided in part 791              

20  and such other revenues as the legislature may provide.                     

21      Sec. 78115.  (1) The department shall establish a public                    

22  boating access sites grant program.  The grant program shall                

23  provide funding with money in the Michigan state waterways fund             

24  to local units of government and public colleges or universities

25  for all or a portion of the cost of either or both of the                   

26  following:                                                                  

27      (a) The acquisition of land for the establishment of a public               

1   boating access site.                                                        

2       (b) The cost of developing a public boating access site.                    

3       (2) A grant under subsection (1)(a) may be used as  a local                 

4   unit of government's the required match by a local unit of                 

5   government or a public college or university under part 19 or               

6   another state or federal program.                                           

7       (3) A local unit of government or a public college or                       

8   university receiving a grant under subsection (1)(b) must agree             

9   to operate the public boating access site in accordance with the            

10  department's operational requirements.  The operational                     

11  requirements shall be included within a grant agreement that is             

12  entered into by the grant recipient and the department.  The                

13  grant agreement may contain, but need not be limited to, 1 or               

14  more of the following provisions as required by the department:             

15      (a) Any net revenues accruing from the operation of the                     

16  public boating access site shall be separately accounted for and            

17  reserved in a restricted fund by the grantee for the future                 

18  maintenance or expansion of the public boating access site or,              

19  with the approval of the department, the construction of other              

20  recreational boating facilities.  Unless otherwise provided in              

21  the grant agreement or otherwise authorized in writing by the               

22  department, if a fee is charged for the use of the public boating           

23  access site, the fee shall be the same as the fee rates set by              

24  the department.                                                             

25  (b) Unless otherwise provided in the grant agreement or                     

26  otherwise authorized in writing by the department, the public               

27  boating access site and any facilities constructed for use in               

1   conjunction with the public boating access site shall be reserved           

2   by the grantee exclusively for the use or rental, on a daily                

3   basis, of recreational watercraft.                                          

4       (c) Unless otherwise provided in the grant agreement or                     

5   otherwise authorized in writing by the department, commercial               

6   operations of any type shall not be permitted to regularly use              

7   the public boating access site or any of the facilities                     

8   constructed for use in conjunction with the public boating access           

9   site.                                                                       

10      (d) The public boating access site and any facilities                       

11  constructed for use in conjunction with that public boating                 

12  access site shall be open to the public at all times on equal and           

13  reasonable terms.

14      (4) A local unit of government or a public college or                       

15  university that wishes to be considered for a grant under this              

16  section shall submit an application to the department in a manner           

17  prescribed by the department and containing the information                 

18  required by the department.                                                 

19      Sec. 79112.  The department may enter into lease agreements                 

20  for purposes of this part with 1 or more local units of                     

21  government or public colleges or universities acting jointly with           

22  the department as a lessor.  Revenue from each lease shall be               

23  apportioned according to the proportional share of the                      

24  investments made by the department and the local unit or units of           

25  government or public colleges or universities in the construction           

26  of nonrevenue-producing harbor facilities and in consideration of           

27  the relative land investments of the entities.