SB-0499, As Passed Senate, February 1, 2012

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 $350.00 in

application fees, authorize the installation of telecommunication

facilities on that land. 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.

     (c) The use of the land for telecommunication facilities and

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.

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

section to the state treasurer for deposit into the Michigan

trailway development fund created in subsection (3).

     (3) The Michigan trailway development fund is created within

the state treasury. 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. Money in the fund at the close of the fiscal year

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

The department shall be the administrator of the fund for auditing

purposes. The department shall expend money from the fund, upon

appropriation, only for grants to local units of government and

other organizations involved with the use of rail-trails, for the

development and maintenance of rail-trails 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) "Fund" means the Michigan trailway development fund

created in subsection (3).

     (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.

     (c) "Telecommunication provider" means either or both of the

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.