SB-0034, As Passed House, December 2, 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 34

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 4112, 4113, 78101, and 78110 (MCL 324.4112,

 

324.4113, 324.78101, and 324.78110), sections 4112 and 4113 as

 

added by 2006 PA 602, section 78101 as amended by 2010 PA 34, and

 

section 78110 as amended by 2004 PA 587.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4112. (1) Not later than October 1, 2007, the department

 

shall establish an expedited review process for construction permit

 

applications for For projects described in subsection (2), that are

 

located in a county with a population of between 750,000 and


 

1,000,000 and any contiguous county with a population greater than

 

160,000. The an expedited review process shall be available through

 

September 30, 2010 2015. To be eligible for expedited review, an

 

applicant shall submit all of the items under subsection (4) not

 

later than September 30, 2010 2015.

 

     (2) Subject to subsection (3), the following projects are

 

eligible for expedited review:

 

     (a) A conventional gravity sewer extension of 10,000 feet or

 

less of sewer line.

 

     (b) A simple pumping station and force main.

 

     (c) A small diameter pressure sewer and grinder pumping

 

station.

 

     (3) An expedited review shall not be conducted for a project

 

that is being funded by the state water pollution control revolving

 

fund created in section 16a of the shared credit rating act, 1985

 

PA 227, MCL 141.1066a.

 

     (4) A person requesting an expedited review shall do all of

 

the following:

 

     (a) At least 10 business days prior to submitting an

 

application under subdivision (b), notify the department

 

electronically, in accordance with the instructions provided on the

 

department's website, of his or her intent to request expedited

 

review. The department may waive this 10-day notification

 

requirement.

 

     (b) Submit electronically a complete application for a

 

construction permit including a request for expedited review and

 

including, via credit card, the appropriate fee under subsection


 

(5).

 

     (c) Provide a written copy of the construction plans and

 

specifications for the project that has been prepared, signed, and

 

sealed by a licensed professional engineer to the department

 

postmarked not later than the same date that the application is

 

submitted electronically.

 

     (d) For nongovernmental entities, provide certification to the

 

department that all necessary contractual service agreements and

 

financial plans are in place.

 

     (5) Except as provided in subsection (7), the fee for an

 

expedited review is as follows:

 

     (a) For a conventional gravity sewer extension less than 2,000

 

feet, $1,000.00.

 

     (b) For a conventional gravity sewer extension equal to or

 

greater than 2,000 feet but less than 4,000 feet of sewer line,

 

$1,500.00, and for each incremental increase of up to 2,000 feet of

 

sewer line, an additional $500.00.

 

     (c) For a simple pumping station and force main, $2,000.00.

 

     (d) For a small diameter pressure sewer and grinder pumping

 

station consisting of not more than 2,000 feet of sewer line and

 

not more than 10 grinder pumping stations, $2,000.00.

 

     (e) For small diameter pressure sewer and grinder pumping

 

station projects not covered by subdivision (d) and consisting of

 

not more than 5,000 feet of sewer line and not more than 25 grinder

 

pumping stations, $4,000.00.

 

     (6) Except as provided in subsection (8), if an applicant does

 

not comply with subsection (4), the department shall not conduct an


 

expedited review and any submitted fee shall not be refunded.

 

Within 10 business days after receipt of the application, the

 

department shall notify the applicant of the reasons why the

 

department's review of the application will not be expedited. Upon

 

receipt of this notification, a person may correct the deficiencies

 

and resubmit an application and request for an expedited review

 

with the appropriate fee specified under subsection (7). The

 

department shall not reject a resubmitted application and request

 

for expedited review solely because of deficiencies that the

 

department failed to fully identify in the original application.

 

     (7) For a second submission of an application that originally

 

failed to meet the requirements specified in subsection (6) (4),

 

the applicant shall instead include a fee equal to 10% of the fee

 

specified in subsection (5). However, if the deficiency included

 

failure to pay the appropriate fee, the second submission shall

 

include the balance of the appropriate fee plus 10% of the

 

appropriate fee. If the applicant makes additional changes other

 

than those items identified by the department as being deficient,

 

the applicant shall instead include an additional fee equal to the

 

fee specified in subsection (5). For the third and each subsequent

 

submittal of an application that failed to meet the requirements

 

specified in subsection (6) (4), the applicant shall include an

 

additional fee equal to the fee specified in subsection (5).

 

     (8) If an applicant fails to sign the application, submits

 

construction plans and specifications that have not been prepared,

 

signed, and sealed by a licensed professional engineer, or submits

 

an insufficient fee, the department shall notify the applicant


 

within 5 business days of the deficiency. The application shall not

 

be processed until the deficient items are addressed. If the

 

applicant does not provide the deficient items within 5 business

 

days after notification by the department, the application shall be

 

handled as provided in subsection (6) (4).

 

     (9) The department shall review and make a decision on

 

complete applications submitted with a request for expedited review

 

pursuant to the following schedule: within 10 business days of

 

receipt by the department of a complete application. However, if

 

the department waives the notification requirement of subsection

 

(4)(a), the department shall review and make a decision on the

 

application within 20 business days of receipt of a complete

 

application.

 

     (a) Until September 30, 2008, a permit decision shall be made

 

within 20 business days of receipt by the department of the

 

complete application.

 

     (b) From October 1, 2008 through September 30, 2009, a permit

 

decision shall be made within 15 business days of receipt by the

 

department of the complete application.

 

     (c) From October 1, 2009 through September 30, 2010, a permit

 

decision shall be made within 10 business days of receipt by the

 

department of the complete application.

 

     (10) If the department fails to meet the deadlines deadline

 

specified in subsection (9), the department shall continue to

 

expedite the application review process for an application

 

submitted under this section. However, the fee for an expedited

 

review required under this section shall be refunded if the


 

department fails to meet the deadlines deadline established in

 

subsection (9).

 

     (11) The department shall transmit fees collected under this

 

section to the state treasurer for deposit into the fund.

 

     (12) As used in this section, "complete application" means

 

that a department-provided application form is completed, all

 

requested information has been provided, and the application can be

 

processed without additional information.

 

     Sec. 4113. (1) The infrastructure construction fund is created

 

within the state treasury.

 

     (2) The state treasurer may receive money or other assets from

 

any source for deposit into the fund. The state treasurer shall

 

direct the investment of the fund. The state treasurer shall credit

 

to the fund interest and earnings from fund investments.

 

     (3) Money in the fund at the close of the fiscal year shall

 

remain in the fund and shall not lapse to the general fund.

 

     (4) The department shall expend money from the fund, upon

 

appropriation, only to administer this part and the safe drinking

 

water act, 1976 PA 399, MCL 325.1001 to 325.1023, including all of

 

the following:

 

     (a) Maintenance of program data.

 

     (b) Development of program-related databases and software.

 

     (c) Compliance assistance, education, and training directly

 

related to this part and the safe drinking water act, 1976 PA 399,

 

MCL 325.1001 to 325.1023.

 

     (d) Program administration activities.

 

     (5) By January 1, 2009 and by January 1 of each year


 

thereafter until January 1, 2011 2016, the department shall prepare

 

and submit to the governor, the chairs of the standing committees

 

of the senate and house of representatives with primary

 

responsibility for issues related to natural resources and the

 

environment, and the chairs of the subcommittees of the senate and

 

house appropriations committees with primary responsibility for

 

appropriations to the department a report that details the

 

department's administration of the expedited review process under

 

section 4112 and the expedited review process under section 4a of

 

the safe drinking water act, 1976 PA 399, MCL 325.1004a, in the

 

previous fiscal year. This report shall include, at a minimum, all

 

of the following as itemized for each expedited review process:

 

     (a) The number of requests for expedited review received by

 

the department.

 

     (b) The percentage and number of requests for expedited review

 

that were properly submitted.

 

     (c) The percentage and number of requests for expedited review

 

that were reviewed for completeness within statutory time frames.

 

     (d) The percentage and number of requests for expedited review

 

for which a final action was taken by the department within

 

statutory time frames. The type of final action shall be indicated.

 

     (e) The amount of revenue in the fund at the end of the fiscal

 

year.

 

     (6) For the first 3 years of the expedited review process, the

 

department shall submit quarterly summary reports of items under

 

subsection (5)(a) to (d) to the chairs of the standing committees

 

of the senate and house of representatives with primary


 

responsibility for issues related to natural resources and the

 

environment and the chairs of the subcommittees of the senate and

 

house appropriations committees with primary responsibility for

 

appropriations to the department.

 

     Sec. 78101. As used in this part:

 

     (a) "Commercial motor vehicle" means that term as defined in

 

section 74101.

 

     (b) "Commission" means the Michigan state waterways

 

commission.

 

     (c) "Department" means the department of natural resources.

 

     (d) "Designated state-operated public boating access site"

 

means a state-operated public boating access site designated under

 

section 78105(2).

 

     (e) "Director" means the administrative director of the

 

commission.

 

     (f) "Diesel motor fuel" means any liquid fuel used in the

 

operation of engines of the diesel type in motor vehicles or

 

watercraft.

 

     (g) "Gasoline" means gasoline, casing head or natural

 

gasoline, benzole, benzine, and naphtha. Gasoline also means any

 

liquid prepared, advertised, offered for sale, sold for use as, or

 

used for, the generation of power for the propulsion of motor

 

vehicles or watercraft, including any product obtained by blending

 

together any 1 or more products of petroleum, regardless of their

 

original names or characteristics, with or without other products,

 

unless the resultant product obtained is entirely incapable of use

 

for the generation of power for the propulsion of motor vehicles or


 

watercraft. Gasoline does not include diesel fuel, liquefied

 

petroleum gas, or commercial or industrial naphthas or solvents

 

manufactured, imported, received, stored, distributed, sold, or

 

used exclusively for purposes other than as a fuel for motor

 

vehicles or watercraft.

 

     (h) "Harbor" means a portion of a lake or other body of water

 

either naturally or artificially protected so as to be a place of

 

safety for watercraft, including contrivances used or designed for

 

navigation on water and used or owned by the United States.

 

     (i) "Harbor facilities" means the structures at a harbor

 

constructed to protect the lake or body of water and the facilities

 

provided within the harbor and ashore for the mooring and servicing

 

of watercraft and the servicing of crews and passengers.

 

     (j) "Inland lake or stream" means that term as defined in

 

section 30101.

 

     (k) "Liquefied petroleum gas" means gases derived from

 

petroleum or natural gases that are in the gaseous state at normal

 

atmospheric temperature and pressure, but that may be maintained in

 

the liquid state at normal atmospheric temperature by suitable

 

pressure.

 

     (l) "Marina" means a site that contains harbor facilities.

 

     (m) "Motor vehicle" means that term as defined in section

 

74101.

 

     (n) "Navigable water" means any waterway navigable by vessels,

 

or capable of being made navigable by vessels through artificial

 

improvements, and includes the structures and facilities created to

 

facilitate navigation.


 

     (o) "Nonresident motor vehicle" means that term as defined in

 

section 74101.

 

     (p) "Person" includes any individual, partnership,

 

corporation, association, or body politic, except the United States

 

and this state, and includes any trustee, receiver, assignee, or

 

other similar representative of those entities.

 

     (q) "Public boating access site" means a publicly owned site

 

for the launching of recreational watercraft.

 

     (r) "Recreational boating facilities" means boat launches,

 

harbors, marinas, and locks assisting recreational boats accessing

 

water bodies at different elevations.

 

     (s) (r) "Recreation passport fee" means that term as defined

 

in section 2001.

 

     (t) (s) "Resident motor vehicle" means that term as defined in

 

section 74101.

 

     (u) (t) "Retail fuel dealer" includes any person or persons,

 

both private and municipal, who engage in the business of selling

 

or distributing fuel within this state.

 

     (v) (u) "Secretary of state" means the secretary of state of

 

this state, acting directly or through a duly authorized deputy,

 

investigators, agents, and employees.

 

     (w) (v) "Vessel" means all watercraft except the following:

 

     (i) Watercraft used for commercial fishing.

 

     (ii) Watercraft used by the sea scout department of the boy

 

scouts of America chiefly for training scouts in seamanship.

 

     (iii) Watercraft owned by this state, any political subdivision

 

of this state, or the federal government.


 

     (iv) Watercraft when used in interstate or foreign commerce and

 

watercraft used or owned by any railroad company or railroad car

 

ferry company.

 

     (v) Watercraft when used in trade, including watercraft when

 

used in connection with an activity that constitutes a person's

 

chief business or means of livelihood.

 

     (x) (w) "Watercraft" means any contrivance used or designed

 

for navigation on water, including, but not limited to, any vessel,

 

ship, boat, motor vessel, steam vessel, vessel operated by

 

machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat,

 

but does not include contrivances used or owned by the United

 

States.

 

     (y) (x) "Waterway" means any body of water.

 

     (z) (y) "Waterways account" means the waterways account of the

 

Michigan conservation and recreation legacy fund provided for in

 

section 2035.

 

     Sec. 78110. 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 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.