January 30, 2007, Introduced by Senators BIRKHOLZ, ALLEN, HARDIMAN and GILBERT 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,"
(MCL 324.101 to 324.90106) by adding part 364; and to repeal acts
and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 364. LAND USE LEADERSHIP COUNCIL
Sec. 36401. As used in this part:
(a) "Council" means the land use leadership council created in
section 36403.
(b) "Department" means the department of labor and economic
growth.
(c) "Director" means the director of the department or his or
her designee to whom the director delegates a power or duty by
written instrument.
Sec. 36403. (1) The land use leadership council is created
within the department.
(2) The council shall have 26 regular members, appointed as
follows:
(a) The speaker of the house of representatives, the house
minority leader, the senate majority leader, and the senate
minority leader each may designate 1 member of the legislature to
participate as a member of the council.
(b) From a list of candidates recommended by the speaker of
the house of representatives and the senate majority leader, the
governor shall appoint 11 members of the council.
(c) After consultation with the house minority leader and the
senate minority leader, the governor shall appoint 11 additional
members of the council.
(3) The directors of the departments of agriculture, labor and
economic growth, environmental quality, history, arts, and
libraries, natural resources, and transportation, or their
designees, shall serve as ex officio, nonvoting participants at
meetings of the council.
(4) The members first appointed to the council shall be
appointed within 30 days after the effective date of this section.
(5) A member of the council shall serve at the pleasure of the
officer who appointed the member.
(6) A vacancy on the council shall be filled in the same
manner as the original appointment.
Sec. 36405. (1) The governor shall designate 2 members of the
council appointed by the governor as cochairpersons who shall share
equally the powers of directing the council. The cochairpersons
shall serve as cochairpersons at the pleasure of the governor.
(2) The council shall meet at the call of the cochairpersons
and as may be provided in procedures adopted by the council. At the
first meeting, the council shall elect from among its members other
officers as it considers appropriate. After the first meeting, the
council shall meet at least quarterly, or more frequently at the
call of a chairperson or if requested by 3 or more members.
(3) A majority of the members of the council constitute a
quorum for the transaction of business at a meeting of the council.
A majority of the members serving are required for official action
of the council.
(4) The business that the council may perform shall be
conducted at a public meeting of the council held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(5) A writing prepared, owned, used, in the possession of, or
retained by the council in the performance of an official function
is subject to the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(6) The council may adopt procedures governing its
organization and operations.
(7) Members of the council shall serve without compensation.
However, members of the council may be reimbursed for their actual
and necessary expenses incurred in the performance of their
official duties as members of the council.
Sec. 36407. (1) The council is an advisory body. The council
shall do all of the following:
(a) Identify the trends, causes, and consequences of unmanaged
growth and development.
(b) Provide recommendations to the governor and the
legislature designed to minimize the negative economic,
environmental, and social impacts of current land use trends;
promote urban revitalization and reinvestment; foster
intergovernmental and public-private land use partnerships;
identify new growth and development opportunities; protect the
natural resources of this state, including farmland and open space;
and better manage the cost of public investments in infrastructure
to support growth.
(2) In exercising its duties, the council may do any of the
following:
(a) Evaluate the effectiveness of current state, regional, and
local land use laws, including, but not limited to, zoning and
planning laws, housing laws, building codes, and annexation laws.
(b) Survey developers, builders, contractors, farmers,
planners, engineers, surveyors, environmentalists, historic
preservationists, attorneys, academics, citizen groups, and others
in the private sector; state agencies; and local governmental
agencies about problems associated with current land use trends and
current policies and suggested policy changes.
(c) Stimulate statewide discussion on problems related to
current land use trends, identifying best development practices and
alternative land use and capital investment solutions.
(d) Review model legislation and studies on land use
techniques and collect information on states that have developed
innovative solutions to similar land use challenges.
(e) Identify any state programs or regulations that directly
or indirectly encourage or subsidize low-density development and
outward migration from urban areas.
(f) Identify public information, training, and technical
assistance related to land use needed by state, regional, and local
agencies.
(g) Identify incentives or techniques for sharing the benefits
of economic growth and eliminating or reducing fiscal competition
among local units of government and for fostering intergovernmental
cooperation.
(h) Propose innovative and cooperative land use approaches
that will do 1 or more of the following:
(i) Accommodate and guide growth and development through
cooperation and partnerships on a local and regional basis.
(ii) Ensure the construction of adequate supporting services
and infrastructure, including utilities, storm water management
systems, and transportation.
(iii) Provide opportunities for or eliminate barriers to
affordable housing.
(iv) Protect the environment and historic and scenic resources.
(v) Enhance community livability.
(vi) Preserve farmland.
(vii) Minimize negative impacts on natural resources.
(i) Make inquiries, studies, and investigations, hold
hearings, receive comments from the public, and consult with
outside experts.
(3) The council shall issue an annual report and
recommendations, including any proposed legislation, to the
governor, the clerk of the house of representatives, and the
secretary of the senate.
Sec. 36409. (1) The council shall be staffed by personnel
within the department, as designated by the director. The directors
of the departments of agriculture, environmental quality, history,
arts, and libraries, natural resources, and transportation shall
provide personnel assistance to the council at the request of the
director.
(2) The cochairpersons shall appoint an executive coordinator
for the council.
(3) The council may hire or retain such contractors,
subcontractors, advisors, consultants, and agents and may enter
into contracts necessary or incidental to the exercise of the
powers of the council and the performance of its duties as the
director considers advisable, in accordance with the relevant
statutes, rules, and procedures of the civil service commission and
the department of management and budget.
(4) The council may accept donations of labor, services, or
other things of value from any public or private agency or person.
(5) Members of the council appointed by the governor shall
refer all legal, legislative, and media contacts to the department.
Sec. 36411. If requested, any officer or agency of this state
or of any political subdivision of this state shall give to the
council, or any member or representative of the council, both of
the following:
(a) Any necessary assistance required by the council, or any
member or representative of the council, in the performance of the
duties of the council so far as is compatible with the duties of
the officer or agency.
(b) Free access to any books, records, or documents in the
custody of the officer or agency, relating to matters within the
scope of powers or duties of the council.
Sec. 36413. This part is repealed effective 5 years after the
effective date of the amendatory act that added this part.