SENATE BILL No. 34

 

 

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.