HB-5001, As Passed House, April 12, 2018

HB-5001, As Passed Senate, April 12, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 5001

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 50507, 50703, 50706, and 51101 (MCL 324.50507,

324.50703, 324.50706, and 324.51101), section 50507 as amended by

2016 PA 248, sections 50703 and 50706 as added by 1995 PA 57, and

section 51101 as amended by 2006 PA 383, and by adding part 535;

and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 50507. (1) The authority shall finance only forest

management operations and practices consistent with part 525 that

follow the guidelines, rules, and objectives prescribed and

approved by the department as these guidelines, rules, and

objectives are amended by the department.

(2) Funds managed by the authority shall be applied in a

manner consistent with part 525 and the land management planning

policies of the department on lands that have been identified for

forest management practices. In the absence of an approved state

forest management plan covering a candidate area, an interim

procedure, as adopted by the department, shall be used to ensure

that all forest values have been considered in selecting sites for

investment with funds of the authority. The department shall

annually submit a list of activities and practices allocated from

the funds generated under this part for the board's review and

determination of consistency with this part.

(3) The executive director of the authority shall notify the

department if the authority projects a probable default on any

bonds or notes issued by the authority. Within 1 year of receipt of

the notification, or within less than 1 year, if the notification

indicates a shorter time period is necessary to avoid a default,

the department shall identify and convey to the authority

sufficient timber on tax reverted lands to enable the authority to

avoid the projected default and to provide for timely payment of

principal of and interest on the authority's bonds or notes. The

authority may only issue contracts for the cutting and sale of

timber that has been conveyed to the authority under this section

to avoid a default on any bonds or notes issued by the authority.

The determination of the board as to the need to cut and sell

timber is conclusive. Contracts for the cutting and sale of timber

shall be consistent with part 525 and with the guidelines, rules,

and objectives prescribed by the department.

(4) The authority shall establish a fund designated as the

"forest development fund". ~~Any~~ Revenue as provided under section

53519 and any money on hand or received in the future from bond

proceeds and from contracts for the cutting and sale of timber on

tax reverted lands shall be deposited in the forest development

fund. In addition, this fund may receive revenues from any other

source. ~~Except as otherwise provided in subsection (6), the~~ The

authority shall use money in the forest development fund for 1 or

more of the following:

(a) To provide for the payment of principal of and interest on

any bonds or notes issued by the authority.

(b) For reforestation, forest protection, and timber stand

improvement.

forestry standards in the state forest under section 52505.

(d) For the administration and enforcement of part 535.

Revenue deposited in the forest development fund as provided under

section 53519 shall be used only as provided in this subdivision.

(e) ~~(d)~~ For any other purposes authorized by this part.

(5) The auditor general shall audit the expenditures of the

forest development fund at least once every 3 years.

~~(6) For fiscal year 2015-2016 only, $3,000,000.00 from the~~

~~forest development fund is transferred to the first responder~~

~~presumed coverage fund created under section 405 of the worker's~~

~~disability compensation act of 1969, 1969 PA 317, MCL 418.405.~~

Sec. 50703. A county forestry committee is created for

purposes of this part and shall consist of 5 members who shall be

appointed by the county board of commissioners. Two members of the

county forestry committee shall be foresters registered under

~~article 21 of the occupational code, Act No. 299 of the Public Acts~~

~~of 1980, being sections 339.2101 to 339.2108 of the Michigan~~

~~Compiled Laws,~~ part 535, 1 member shall be a member of the county

economic development corporation, 1 member shall be a member of the

county board of commissioners, and 1 member shall be a resident of

the county who is not a county official or employee. If the county

has not established an economic development corporation under the

economic development corporations act, ~~Act No. 338 of the Public~~

~~Acts of 1974, being sections~~ 1974 PA 338, MCL 125.1601 to 125.1636,

~~of the Michigan Compiled Laws,~~ 2 members shall be residents of the

county who are not county officials or employees. The members of

the county forestry committee shall be appointed for a term of 4

years, except that of the first appointments, 2 shall be for a term

of 4 years, 1 shall be for a term of 3 years, 1 shall be for a term

of 2 years, and 1 shall be for a term of 1 year. All actions of the

county forestry committee shall be approved by the county board of

commissioners. A vacancy on the county forestry committee shall be

filled by the county board of commissioners for the remainder of

the unexpired term.

Sec. 50706. Within 30 days after the execution of a lease

authorized by this part, the county forestry committee shall submit

to the department for approval a forest management plan prepared by

a forester registered under ~~article 21 of the occupational code,~~

~~Act No. 299 of the Public Acts of 1980, being sections 339.2101 to~~

~~339.2108 of the Michigan Compiled Laws.~~part 535.

Sec. 51101. As used in this part:

(a) "Ad valorem general property tax" means taxes levied under

the general property tax act, 1893 PA 206, MCL 211.1 to

~~211.157.~~211.155.

(b) "Commercial forest" or "commercial forestland" means

forestland that is determined to be a commercial forest under

section ~~51103.~~51104.

the commercial forest designation pursuant to section 51116.

(d) "Forestland" means a tract of land that may include

nonproductive land that is intermixed with productive land that is

an integral part of a managed forest and that meets all the

following:

(i) Does not have material natural resources other than those

resources suitable for forest growth or the potential for forest

growth.

(ii) Is not used for agricultural, mineral extraction except

as provided in section 51113, grazing, industrial, developed

recreational, residential, resort, commercial, or developmental

purposes.

(iii) The owner agrees to develop, maintain, and actively

manage the land as a commercial forest through planting, natural

reproduction, or other silvicultural practices.

(e) "Forest management plan" means a written plan prepared and

signed by a registered forester or a natural resources professional

that prescribes measures to optimize production, utilization, and

regeneration of forest resources. The forest management plan shall

include schedules and timetables for the various silvicultural

practices used on commercial forestlands, including, but not

limited to, timber harvesting and regeneration.

(f) "Fund" means the commercial forest fund created under

section 51112.

(g) "Natural resources professional" means a person who is

acknowledged by the department as having the education, knowledge,

experience, and skills to identify, schedule, and implement

appropriate forest management practices needed to achieve the

purposes of this part on land subject to or to be subject to this

part.

(h) "Owner" means a person who holds title to the surface

estate of forestland subject to this part. However, if land is

purchased on a land contract, the owner includes the person who

holds the land contract vendee's interest and does not include the

person who holds the land contract vendor's interest.

(i) "Personal use" means use for any noncommercial purpose.

(j) "Registered forester" means a person registered under

~~article 21 of the occupational code, 1980 PA 299, MCL 339.2101 to~~

~~339.2108.~~part 535.

(k) "Silvicultural practices" means the management and

manipulation of forest vegetation for the protection, growth, and

enhancement of forest products.

PART 535. REGISTERED FORESTERS

Sec. 53501. As used in this part:

(a) "Board" means the board of foresters created in section

53505(1).

(b) "Department" means the department of natural resources.

fund created in section 50507.

(d) "Forester" means an individual who, by reason of his or

her knowledge of the natural sciences, mathematics, and the

principles of forestry, acquired by forestry education and

practical experience, is qualified to engage in the practice of

professional forestry.

(e) "Practice of professional forestry" means the science,

art, and practice of creating, managing, using, planning and

researching, and conserving forests and associated resources for

human benefit and in a sustainable manner to meet desired goals,

needs, and values.

(f) "Registered forester" means a forester registered under

section 53509.

(g) "SAF" means Society of American Foresters.

(h) "State forester" means that term as defined in section

50502.

(i) "Violations committee" means the violations committee

appointed under section 53505.

Sec. 53503. (1) The department shall timely review each

registered forester program evaluation provided under section

53507.

(2) The department may cease administering this part if either

of the following applies:

(a) The revenue available from registered forester fees under

section 53509 is not sufficient to administer this part.

(b) The department and the board agree to separate and cease

operations under this part.

Sec. 53505. (1) The board of foresters is an independent self-

directed body appointed by the state forester and created within

the department.

(2) To be eligible to serve on the board, an individual must

be a citizen of the United States and a full-time resident of this

state and must have at least 10 years of professional forestry

experience. The board shall consist of not fewer than 5 or more

than 7 of the following individuals, who shall be appointed by the

state forester from and nominated by the group represented:

(a) An individual representing the Association of Consulting

Foresters.

(b) An individual representing the Society of American

Foresters.

a university whose forestry program is accredited by the SAF.

(d) An individual representing state agencies that have

forestry staff.

(e) An individual representing forest products advocacy or the

forest products industry, including logging.

(f) An individual representing private forest landowners.

(g) An individual representing a municipal, urban, or

community forestry field.

(3) The members first appointed to the board shall be

appointed within 60 days after the effective date of the amendatory

act that added this part.

(4) Members of the board shall serve for terms of 4 years or

until a successor is appointed, whichever is later, except that, of

the members first appointed, 3 shall serve for 2 years.

(5) If a vacancy occurs on the board, the state forester shall

make an appointment for the unexpired term in the same manner as

the original appointment. The state forester may remove a member of

the board for incompetence, dereliction of duty, malfeasance,

misfeasance, or nonfeasance in office, or any other good cause.

(6) The state forester shall call the first meeting of the

board. At the first meeting, the board shall elect from among its

members a chairperson, vice-chairperson, secretary, and other

officers as it considers appropriate. Officers of the board shall

serve for terms of 2 years. After the first meeting, the board

shall meet once annually in person and once annually by conference

call or video conference, or more frequently at the call of the

chairperson or if requested by 2 or more members.

(7) Five or more members of the board constitute a quorum for

the transaction of business at a meeting of the board. A majority

of the members present and serving are required for official action

of the board.

(8) Business that the board may perform shall be conducted at

a public meeting of the board held in compliance with the open

meetings act, 1976 PA 267, MCL 15.261 to 15.275. The secretary of

the board shall record all proceedings of the board.

(9) A writing prepared, owned, used, in the possession of, or

retained by the board in the performance of an official function is

subject to the freedom of information act, 1976 PA 442, MCL 15.231

to 15.246.

(10) Members of the board shall serve without compensation.

However, members of the board may be reimbursed for their actual

and necessary expenses incurred in the performance of their

official duties as members of the board.

(11) For the purposes of section 53517, the chairperson of the

board shall appoint a violations committee consisting of 3 members

of the board. Members of the violations committee shall serve on

the committee for terms of 2 years.

Sec. 53507. (1) The board shall do all of the following:

(a) Adopt bylaws.

(b) Comply with section 53515.

department shall post the list on its website.

(d) Make an annual report to the state forester on

proceedings, applications, renewals, complaints, and hearings under

this part.

(e) On a biennial basis, provide the department an evaluation

of the registered forester program, including both of the

following:

(i) The number of registered foresters, economic data, and

other relevant program data.

(ii) The sufficiency of the fee under section 53509 to operate

a fiscally sound program. The department may recommend to the

legislature changes in the fee.

(2) The board may call witnesses and receive evidence in

hearings under this part.

Sec. 53509. (1) To be registered as a forester, an individual

shall submit an application to the board on a form provided by the

department. The application shall include all of the following:

(a) The name, address, telephone number, and electronic mail

address of the applicant.

(b) Information demonstrating that the individual meets 1 or

more of the following educational requirements:

(i) An associate's degree in forestry from an SAF-accredited

university program or board-approved program, plus 4 years of

experience under the guidance of a registered forester, an SAF-

certified forester, or a member of the Association of Consulting

Foresters.

(ii) A bachelor's degree in forestry from an SAF-accredited

university program or a board-approved program, plus 2 years of

forestry experience as described in subparagraph (i).

(iii) A bachelor's degree in a natural resource field from an

SAF-accredited university program or a board-approved program, plus

2 years of forestry experience described in subparagraph (i).

(iv) A graduate degree in forestry from an SAF-accredited

university program or a board-approved program, plus 2 years of

forestry experience described in subparagraph (i).

(d) Verification of successful completion of any continuing

education required by the board.

(e) Other relevant information required by the board.

(2) The board shall grant or deny registration within 30 days

after a complete application is filed and notify the applicant of

its determination in writing. If an application is denied, the

notification shall include the reasons for the denial. If the

application is approved, the department shall issue a registration

certificate and certification number to the applicant. The

registration is valid for 2 years.

(3) To maintain registration as a forester, an individual

shall do all of the following:

(a) Pay the department a fee of $200.00 for the registration

period. The first payment shall be made not more than 30 days after

the application for registration is granted under subsection (2).

(b) Successfully complete not fewer than 24 hours of

continuing education every 2 years as approved by the board.

requirements under subdivision (b) as a condition for registration

renewal by submitting evidence of fulfillment to the board within

60 days of a request to do so.

(d) Maintain good standing with the board by complying with

section 53515.

Sec. 53511. (1) The board shall determine whether members of

affiliated professional organizations within and outside of this

state are eligible for automatic registration under this part.

(2) The board shall register an applicant who is a registered

or licensed forester in another state or country if the board

considers the requirements of the state or country to be equivalent

to the requirements for registration in this state.

Sec. 53513. An individual shall not use the title "registered

forester" unless he or she is registered under this part.

Sec. 53515. A registered forester shall comply with all of the

following:

(a) In his or her professional capacity, perform the following

general forestry activities as necessary for the practice of

sustainable forest management and silviculture:

(i) Forest management planning.

(ii) Forest stand improvement.

(iii) Forest mensuration, inventory, forest products

appraisal, and timber sale administration.

(iv) Reconnaissance and mapping of forest and watershed lands;

investigation of wildland soils; delineation and mapping of

forestlands and forest management boundaries, not including the

establishment of property corners or boundaries.

(v) Preparation and utilization of GIS/GPS maps, equipment,

and software to assist in forest management planning, planting,

harvesting, and protection. GIS/GPS maps created for forest

management purposes are not official survey maps.

(vi) Forest economics.

(vii) Forest utilization, renewable energy production, and

forest product development.

(viii) Forest protection and restoration.

(ix) Forest regeneration, reforestation, and afforestation.

(x) Forest nursery production.

(xi) Application of best management practices.

(xii) Addressing legal and social aspects of forestry and

forestlands.

(xiii) Preparation of forest management related contracts,

litigation reports, timber trespass investigation, and testimony.

(xiv) Development, maintenance, conservation, and protection

of wildlife habitat and forest range resources.

(xv) Forest recreation and environmental studies.

(xvi) The development of access for protection and management

of the resource.

(xvii) Adaptation of forests and forest practices related to

climate change.

(xviii) Urban forestry and arboriculture.

(xix) Utility forestry and utility vegetation management.

(xx) Teaching collegiate-level forestry courses or forestry

outreach based on sound scientific principles or conducting

scientific research in forestry at a SAF-accredited university or

board-approved program.

(xxi) Forest research and monitoring.

(b) Fully disclose personal or financial interests in any

forestry project undertaken by the registered forester if there is

a potential conflict of interest.

client or employer for the same service, unless the parties

involved are informed and consent.

(d) Not make exaggerated, false, misleading, or deceptive

written or verbal statements, including, but not limited to,

statements on the value of individual trees, timber, or

timberlands, in the conduct of professional practice.

(e) Clearly and accurately represent his or her

qualifications, the extent of the forestry services offered, and

the basis for charges for those services.

(f) Not offer or make bribes or unlawful inducements to those

responsible for letting forestry contracts.

(g) Not interfere with competitive bidding for forestry

projects, including making false representations or misleading

statements about bidders, prospective bidders, or competitors.

(h) Not issue a forestry plan, map, specification, or report

prepared by that registered forester or under his or her actual

supervision unless it is endorsed with the registered forester's

name and certificate of registration number.

(i) Not endorse a forestry plan, specification, estimate, or

map unless prepared by that registered forester or under his or her

actual supervision.

(j) Provide forestry services in a manner that will ensure the

public health, safety, and welfare and if, in his or her

professional judgment, any of these are endangered, notify the

client or employer and give appropriate recommendations or

instructions.

(k) If a client or employer fails or refuses to follow

recommendations or instructions under subdivision (j), notify the

responsible governmental department or agency of the threat to

public health, safety, or welfare.

(l) Not violate or conceal violations of this part and not

knowingly permit others to do so.

(m) Report violations of this part to the board.

(n) Not conspire or collude to restrain trade through price

arrangement with other registered foresters or forestry firms and

not engage in price-fixing activities.

(o) Not take forestry project funds under false pretenses and

not abandon a forestry project without notifying the client or

employer.

Sec. 53517. (1) A person may submit to the chairperson of the

board a complaint about a violation of section 53515 or of an order

under this section. The department shall maintain on its website a

complaint form that can be completed and submitted to the

chairperson of the board online or printed and completed. The

department shall also make complaint forms available at customer

service centers. Unless the complaint form is submitted online, the

complainant shall submit the form by mailing it to the chairperson

of the board.

(2) If the chairperson of the board receives a completed

complaint form, the chairperson shall, within 30 days, submit the

complaint to the members of the violations committee. Within 30

days after receiving the complaint from the chairperson, the

violations committee shall determine if there is sufficient reason

to believe that a violation has occurred.

(3) If the violations committee determines that there is not

sufficient reason to believe that a violation has occurred, the

violations committee shall, within 30 days after its determination,

notify the complainant in writing of its determination and the

reasons for its determination. No further action shall be taken on

that complaint.

(4) If the violations committee determines that there is

sufficient information to believe that a violation has occurred,

the violations committee shall, within 30 days after its

determination, notify, by United States mail, the registered

forester who is the subject of the complaint of all of the

following:

(a) The allegations in the complaint.

(b) That the registered forester may respond to the

allegations in writing.

the date the notice was mailed.

(5) The board shall consider the allegations of the complaint

and any written response to the allegations timely received from

the registered forester and may further investigate the complaint.

Within 30 days after the deadline under subsection (4) for a

response from the registered forester, the board shall do 1 of the

following:

(a) Dismiss the complaint and notify the complainant and

registered forester in writing.

(b) Issue a letter of caution to the registered forester and

provide a copy to the complainant.

together with preliminary findings, includes proposed sanctions

under subsection (8), a proposed negotiated resolution, or a

proposed consent agreement and provide a copy to the complainant.

(6) If the board issues a proposed order under subsection (5),

the registered forester shall within 30 days submit to the board 1

of the following, in writing:

(a) A statement accepting the proposed order, at which point

the board shall issue the order as a final order. Failure of the

registered forester to timely respond shall be considered to be

acceptance of the proposed order.

(b) A statement objecting to the proposed order and providing

reasons for the objection.

(7) If the registered forester objects to the proposed order,

the board shall review the objections and issue to the registered

forester a final order, amending the preliminary findings as

necessary, within 90 days after issuance of the proposed order and

shall provide a copy of the final order to the complainant.

(8) The board may permanently revoke or temporarily suspend

registered forester status for a violation of section 53515 or an

order issued under this section.

Sec. 53519. (1) Revenue from registered forester fees under

section 53509 shall be deposited in the forest development fund.

(2) The state treasurer shall promptly transfer to the forest

development fund the fund balance from registered forester fees in

the licensing and regulation fund created in section 3 of the state

license fee act, 1979 PA 152, MCL 338.2203.

Enacting section 1. The following acts and parts of acts are

repealed:

(a) Section 29 of the state license fee act, 1979 PA 152, MCL

338.2229.

(b) Article 21 of the occupational code, 1980 PA 299, MCL

339.2101 to 339.2108.

Enacting section 2. This amendatory act takes effect 90 days

after the date it is enacted into law.

Enacting section 3. This amendatory act does not take effect