March 13, 2014, Introduced by Senators MEEKHOF, HANSEN, MOOLENAAR, CASPERSON, KOWALL, GREEN and BOOHER and referred to the Committee on Outdoor Recreation and Tourism.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 1301, 72107, 72108, and 72109 (MCL 324.1301,
324.72107, 324.72108, and 324.72109), section 1301 as amended by
2013 PA 87, sections 72107 and 72109 as added by 1995 PA 58, and
section 72108 as amended by 2004 PA 325.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1301. As used in this part:
(a) "Application period" means the period beginning when an
application for a permit is received by the state and ending when
the application is considered to be administratively complete under
section 1305 and any applicable fee has been paid.
(b) "Department" means the department, agency, or officer
authorized by this act to approve or deny an application for a
particular permit.
(c) "Director" means the director of the state department
authorized under this act to approve or deny an application for a
particular permit or the director's designee.
(d) "Permit" means a permit or operating license required by
any of the following sections or by rules promulgated thereunder,
or, in the case of section 9112, by an ordinance adopted
thereunder:
(i) Section 3104, floodplain alteration permit.
(ii) Section 3503, permit for use of water in mining iron ore.
(iii) Section 4105, sewerage system construction permit.
(iv) Section 6516, vehicle testing license.
(v) Section 6521, motor vehicle fleet testing permit.
(vi) Section 8310, restricted use pesticide dealer license.
(vii) Section 8310a, agricultural pesticide dealer license.
(viii) Section 8504, license to manufacture or distribute
fertilizer.
(ix) Section 9112, local soil erosion and sedimentation control
permit.
(x) Section 11509, solid waste disposal area construction
permit.
(xi) Section 11512, solid waste disposal area operating
license.
(xii) Section 11542, municipal solid waste incinerator ash
landfill operating license amendment.
(xiii) Section 11702, septage waste servicing license or septage
waste vehicle license.
(xiv) Section 11709, septage waste site permit.
(xv) Section 30104, inland lakes and streams project permit.
(xvi) Section 30304, state permit for dredging, filling, or
other activity in wetland. Permit includes an authorization for a
specific project to proceed under a general permit issued under
section 30312.
(xvii) Section 31509, dam construction, repair, or removal
permit.
(xviii) Section 32312, flood risk, high risk, or environmental
area permit.
(xix) Section 32512, permit for dredging and filling
bottomland.
(xx) Section 32603, permit for submerged log removal from Great
Lakes bottomlands.
(xxi) Section 35304, department permit for critical dune area
use.
(xxii) Section 36505, endangered species permit.
(xxiii) Section 41702, game bird hunting preserve license.
(xxiv) Section 42101, dog training area permit.
(xxv) Section 42501, fur dealer's license.
(xxvi) Section 42702, game dealer's license.
(xxvii) Section 44513, charter boat operating permit under
reciprocal agreement.
(xxviii) Section 44516, boat livery operating permit.
(xxix) Section 45503, permit to take frogs for scientific use.
(xxx) Section 45902, game fish propagation license.
(xxxi) Section 45906, game fish import license.
(xxxii) Section 61525, oil or gas well drilling permit.
(xxxiii) Section 62509, brine, storage, or waste disposal well
drilling or conversion permit or test well drilling permit.
(xxxiv) Section 63103a, ferrous mineral mining permit.
(xxxv) Section 63514 or 63525, surface coal mining and
reclamation permit or revision of the permit, respectively.
(xxxvi) Section 63704, sand dune mining permit.
(xxxvii) Section 72108, use permits for a Pure Michigan
trailway.Trail.
(xxxviii) Section 76109, sunken aircraft or watercraft abandoned
property recovery permit.
(xxxix) Section 76504, Mackinac Island motor vehicle and land
use permits.
(xxxx) Section 80159, buoy or beacon permit.
(e) "Processing deadline" means the last day of the processing
period.
(f) "Processing period" means the following time period after
the close of the application period, for the following permit, as
applicable:
(i) Twenty days for a permit under section 61525 or 62509.
(ii) Thirty days for a permit under section 9112 or 44516.
(iii) Thirty days after the department consults with the
underwater salvage and preserve committee created under section
76103, for a permit under section 76109.
(iv) Sixty days, for a permit under section 30104 for a minor
project established under section 30105(7) or 32512a(1), or an
authorization for a specific project to proceed under a general
permit issued under section 30105(8) or 32512a(2), or for a permit
under section 32312.
(v) Sixty days or, if a hearing is held, 90 days for a permit
under section 35304.
(vi) Sixty days or, if a hearing is held, 120 days for a permit
under section 30104, other than a permit or authorization described
in subparagraph (ii) or (iv), or for a permit under section 31509.
(vii) Ninety days for a permit under section 11512, a revision
of a surface coal mining and reclamation permit under section
63525, or a permit under section 72108.
(viii) Ninety days or, if a hearing is held, 150 days for a
permit under section 3104 or 30304, or a permit under section 32512
other than a permit described in subparagraph (iv).
(ix) Ninety days after the close of the review or comment
period under section 32604, or if a public hearing is held, 90 days
after the date of the public hearing for a permit under section
32603.
(x) One hundred twenty days for a permit under section 11509,
11542, 63103a, 63514, or 63704.
(xi) One hundred fifty days for a permit under section 36505.
However, if a site inspection or federal approval is required, the
150-day period is tolled pending completion of the inspection or
receipt of the federal approval.
(xii) For any other permit, 150 days or, if a hearing is held,
90 days after the hearing, whichever is later.
Sec.
72107. In agricultural areas, a Michigan trailway trail
may
be temporarily closed by the entity operating the trailway
trail to allow pesticide application on lands adjoining the
trailway.
trail. The entity operating the Michigan trailway trail
shall
post the closure of the trailway trail or arrange with a
landowner or other person for the posting of signs and the closure
of
the trailway trail during pesticide application and appropriate
reentry periods.
Sec.
72108. (1) The commission department
may do any of the
following:
(a) Grant easements or, pursuant to part 13, use permits or
lease land owned by the state that is being used for a Pure
Michigan
trailway Trail for a use that is compatible with the use
of
the Pure Michigan trailway.Trail.
(b) Enter into contracts for concessions along a state owned
Pure
Michigan trailway.Trail.
(c) Lease land adjacent to a state owned Pure Michigan
trailway
Trail for the operation of concessions.
(2)
If the commission approves of the acquisition of
department
acquires land, by
the department, the commission
director may state that the specified land is acquired for use as a
Pure
Michigan trailway. Trail. Following
acquisition of land that
the
commission director states is acquired for use as a Pure
Michigan
trailway, Trail, any revenue derived from that land
pursuant to subsection (1), except as otherwise provided by law,
shall be deposited into the fund.
Sec.
72109. (1) The Pure Michigan trailways Trails fund
is
created within the state treasury.
(2) Except as otherwise provided by law, the state treasurer
may receive money or other assets from any of the following for
deposit into the fund:
(a)
Fees collected from users of trailways on state forest
lands.
(a) (b)
Payments to the state for
easements, use permits,
leases,
or other use of state owned Pure Michigan trailway Trail
property.
(b) (c)
Payments to the state for
concessions operated by
private vendors on state owned property located on or adjacent to a
Pure
Michigan trailway.Trail.
(c) (d)
Federal funds.
(d) (e)
Gifts or bequests.
(e) (f)
State appropriations.
(f) (g)
Money or assets from other sources
as provided by law.
(3) The state treasurer shall direct the investment of the
fund. The state treasurer shall credit to the fund interest and
earnings from fund investments.
(4) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(5) Money in the fund may be expended for any of the following
purposes:
(a) The expenses of the department in operating and
maintaining
the Pure Michigan trailway Trail system
and enforcing
Pure
Michigan trailway Trail rules
and regulations.
(b) Grants to or contracts with councils, nonprofit
organizations, or governmental agencies to operate and maintain
segments
of Pure Michigan trailways Trails and
to enforce Pure
Michigan
trailway Trail rules and regulations.
(c)
Funding Pure Michigan trailway Trail construction
and
improvements.
(d) Acquisition of land or rights in land.
(e)
Publications and promotions of the Pure
Michigan trailways
Trails system.
(6)
In determining the expenditure of money in the fund, the
department
shall consider all of the following:
(a)
The need for funding for each of the purposes listed in
subsection
(5).
(b)
The estimated cost of Michigan trailway management for
each
governmental agency that manages a Michigan trailway, based on
previous
costs, trailway mileage, level of use, and other relevant
factors.
(c)
The need of each governmental agency that manages a
Michigan
trailway for financial assistance in managing that
trailway,
and the amount of money from the fund received by that
agency
in the past.
(d)
The amount of revenue accruing to the fund that is
generated
from each Michigan trailway.
(e)
Other factors considered appropriate by the department.
(6) (7)
The department shall submit a
report to the
legislature on or before December 1 of each year describing the use
of money appropriated from the fund in the previous fiscal year.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) Senate Bill No. 875
.
(b) Senate Bill No. 873
.
(c) Senate Bill No. 876
.
(d) Senate Bill No. 877
.