SB-0499, As Passed House, May 2, 2012

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 499

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding section 72116.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 72116. (1) If the state owns the land on which a rail-

trail is located or if the land is under the long-term control of

the state or a state governmental agency through a lease, easement,

or other arrangement, the department shall, upon application of a

telecommunication provider and payment of not more than $500.00 in

application fees, authorize the installation of telecommunication

facilities on that land unless the installation is inconsistent

with or prohibited by the lease, easement, or other arrangement.

The authorization granted under this subsection shall be granted

within 45 days and shall require all of the following:

(a) All telecommunication facilities shall be installed

underground or shall be attached to existing aboveground structures

consistent with subdivision (c).

(b) The telecommunication provider shall notify the

department, in writing, of the installation of the facilities and

the anticipated completion date of the installation not less than

30 days prior to beginning the installation. Within 5 days after

its receipt of the notification, the department shall notify the

telecommunication provider, in writing, of any use of the rail-

trail for which a permit has been issued by the department.

the installation of the facilities or any repairs to the facilities

shall not unreasonably interfere with the use or uses of the rail-

trail.

(d) Following installation of the telecommunication facilities

or any repairs to the facilities, the land shall be reasonably

restored to its condition prior to the installation or repair.

(e) The telecommunication provider shall pay to the department

a 1-time use fee of 5 cents per longitudinal linear foot of the

space to be occupied by the telecommunication facilities. The fee

required under this subdivision shall not be required beginning 6

years after the effective date of the amendatory act that added

this section. At no time during or after this 6-year time period

shall a telecommunications provider that pays the fee be charged

with any additional fee for the use of the land for

telecommunication facilities.

(2) The department shall forward use fees collected under this

section to the state treasurer for deposit as follows:

(a) If the land or rights in land on which the

telecommunications facilities are installed was purchased with

money from the Michigan natural resources trust fund, money

received under subsection (1)(e) shall be deposited into the

Michigan natural resources trust fund.

(b) All money not described in subdivision (a) shall be

deposited into the fund.

(3) Notwithstanding any other provision of this part, money

from the fund that is collected under this section shall be

expended, upon appropriation, as follows:

(a) Money collected from application fees under subsection (1)

shall be used by the department for the administrative costs of

implementing this section.

(b) In each county in which money is collected under

subsection (1)(e) for the installation of telecommunication

facilities on rail-trails that are used for motorized use, the

department shall expend the money for grants to organizations

operating in that county that are involved with the motorized use

of rail-trails if such organizations exist. Money provided under

this subdivision to organizations involved with the motorized use

of rail-trails shall be used for the development and maintenance of

rail-trails located within the county for motorized recreational

uses.

subsection (1)(e) for the installation of telecommunication

facilities, but which is not expended pursuant to subdivision (b),

the department shall expend the money for grants to local units of

government or other organizations operating in that county that are

involved with the use of rail-trails. Money provided under this

subdivision to local units of government or organizations involved

with the use of rail-trails shall be used for the development and

maintenance of rail-trails located within the county for motorized

and nonmotorized recreational uses.

(4) This section does not affect the rights and duties set

forth in any arrangements or agreements for the installation of

telecommunication facilities in a rail-trail described in

subsection (1) between the department and a telecommunication

provider entered before the effective date of the amendatory act

that added this section. This section does not create a right for

either the department or a telecommunication provider to terminate

any preexisting arrangements or agreements.

(5) As used in this section:

(a) "Michigan natural resources trust fund" means the Michigan

natural resources trust fund established in section 35 of article

IX of the state constitution of 1963, and provided for in part 19.

(b) "Telecommunication facilities" means either or both of the

following:

(i) Telecommunication facilities as defined in section 2 of the

metropolitan extension telecommunications rights-of-way oversight

act, 2002 PA 48, MCL 484.3102.

(ii) Facilities used by a video service provider as defined in

section 1 of the uniform video services local franchise act, 2006

PA 480, MCL 484.3301.

following:

(i) A telecommunication provider as defined in section 2 of the

metropolitan extension telecommunications rights-of-way oversight

act, 2002 PA 48, MCL 484.3102.

(ii) A video service provider as defined in section 1 of the

uniform video services local franchise act, 2006 PA 480, MCL

484.3301.