SB-0034, As Passed Senate, April 1, 2009
January 27, 2009, Introduced by Senators RICHARDVILLE, BIRKHOLZ, KAHN and PATTERSON and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 78101 and 78110 (MCL 324.78101 and 324.78110),
section 78101 as amended by 2006 PA 466 and section 78110 as
amended by 2004 PA 587.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 78101. As used in this part:
(a) "Commission" means the Michigan state waterways
commission.
(b) "Department" means the department of natural resources.
(c) "Director" means the administrative director of the
commission.
(d) "Diesel motor fuel" means any liquid fuel used in the
operation of engines of the diesel type in motor vehicles or
watercraft.
(e) "Gasoline" means gasoline, casing head or natural
gasoline, benzole, benzine, and naphtha; also, 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, with or without other products,
and regardless of the original character of the petroleum products
blended, if the resultant product obtained is capable of use for
the generation of power for the propulsion of motor vehicles or
watercraft, it being the intention that the blending of the
products, regardless of name or characteristics, shall conclusively
be presumed to produce motor fuel, unless the resultant product is
entirely incapable for use as motor fuel. 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.
(f) "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.
(g) "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.
(h) "Inland lake or stream" means that term as defined in
section 30101.
(i) "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.
(j) "Marina" means a site that contains harbor facilities.
(k) "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.
(l) "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.
(m) "Public boating access site" means a publicly owned site
for the launching of recreational watercraft.
(n) "Recreational boating facilities" means boat launches,
harbors, marinas, and locks assisting recreational boats accessing
water bodies at different elevations.
(o) (n)
"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.
(p) (o)
"Secretary of state"
means the secretary of state of
this state, acting directly or through a duly authorized deputy,
investigators, agents, and employees.
(q) (p)
"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.
(r) (q)
"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.
(s) (r)
"Waterway" means any body
of water.
(t) (s)
"Waterways account" means
the waterways account of the
Michigan conservation and recreation legacy fund provided for in
section
2035. This subdivision does not apply unless 2004 PA 587
takes
effect, as a result of Joint Resolution Z of the 92nd
Legislature
becoming a part of the state constitution of 1963 as
provided
in section 1 of article XII of the state constitution of
1963.
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 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 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) 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.