HOUSE BILL NO. 5285

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 41401 (MCL 324.41401), as added by 2018 PA 671, and by adding sections 41404, 41405, 41406, and 41407; and to repeal acts and parts of acts.

the people of the state of michigan enact:

Sec. 41401. As used in this part:

(a) "Aquatic invasive plant species" means an aquatic plant species, hybrid, or genotype that is not native and whose introduction causes, or is likely to cause, economic or environmental harm or harm to human health.

(b) "Aquatic invasive species" means an aquatic species that is not native and whose introduction causes, or is likely to cause, economic or environmental harm or harm to human health. Aquatic invasive species includes, but is not limited to, an aquatic invasive plant species.

(c) "Council" means the aquatic invasive species sales advisory council created in section 41404.

(d) (b) "Department" means the department of environmental quality.environment, Great Lakes, and energy.

(e) (c) "Eligible applicant" means a person that meets the requirements under section 41402.

(f) (d) "Eligible project" means a project that meets the requirements under section 41402.

(g) (e) "Fund" means the inland lake aquatic invasive plant species control and eradication fund created in section 41403.

(h) (f) "Grant" means an inland lake aquatic invasive plant species control or eradication grant issued through the program.

(i) (g) "Program" means the inland lake aquatic invasive plant species control and eradication program established in section 41402.

Sec. 41404. (1) The aquatic invasive species sales advisory council is created within the department.

(2) The council shall consist of the following members:

(a) The director of the department or his or her designee.

(b) The director of the department of natural resources or his or her designee.

(c) The director of the department of agriculture and rural development or his or her designee.

(d) The director of the state transportation department or his or her designee.

(e) The attorney general or his or her designee.

(f) The following members appointed by the governor:

(i) A representative of the United States Department of the Interior, United States Fish and Wildlife Service.

(ii) A representative of the aquarium industry.

(iii) A representative of an association of Great Lakes shipping companies.

(iv) A representative of the horticulture industry.

(v) A representative of a regional association of businesses that has an international port operator as a member.

(vi) A representative of a statewide private conservation organization.

(vii) A representative of the Great Lakes Commission.

(viii) A representative of a statewide association of businesses.

(ix) A representative of an association of Indian tribes.

(x) A representative of a public university with an aquatic research center.

(xi) A representative of a regional or national private conservation organization.

(xii) A representative of an association of industries in the Great Lakes region.

(xiii) A representative of a statewide association of local units of government.

(xiv) A representative of a statewide association of aquaculture businesses.

(xv) A representative of a statewide nursery and landscape association.

(3) The members first appointed to the council must be appointed within 30 days after the effective date of this section.

(4) Members of the council shall serve for the life of the council.

(5) If a vacancy occurs on the council, the vacancy must be filled in the same manner as the original appointment.

(6) The governor may remove a member of the council for incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.

(7) The first meeting of the council shall be called by the director of the department. At the first meeting, the council shall elect from among its members a chairperson and other officers as it considers necessary or appropriate. After the first meeting, the council shall meet at least quarterly, or more frequently at the call of the chairperson or if requested by 3 or more members.

(8) A majority of the members of the council constitute a quorum for the transaction of business at a meeting of the council. The council may adopt bylaws governing its organization and procedure. Unless otherwise provided in the council's bylaws, a majority of the members present and serving are required for official action of the council.

(9) The business that the council may perform must 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.

(10) 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.

(11) 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.

(12) The council may appoint technical advisory committees of individuals with relevant specific technical, scientific, or legal expertise, or relevant expertise in a trade listed in section 41405, or may appoint such individuals as adjunct members of the council without voting rights.

Sec. 41405. (1) Within 240 days of the effective date of the amendatory act that added this section, the council shall submit a report with recommendations for legislation or rules to combat the online sale of aquatic invasive species. The council shall submit the report to the governor, the senate majority leader, the speaker of the house of representatives, and the standing committees of the senate and house of representatives with primary responsibility for natural resources, conservation, agriculture, and commerce. In preparing the report, the council shall review the aquatic invasive species laws of this state and other jurisdictions, including the other Great Lakes states.

(2) In the report under subsection (1), the council shall make recommendations regarding all of the following:

(a) Issues unique to online sales of aquatic invasive species that require prevention efforts different from those applicable to sales at physical locations.

(b) Establishing a program for aquatic species sold online to do both of the following:

(i) Certify that prohibited species or restricted species as those terms are defined in section 41301 that are aquatic are not sold for delivery into this state.

(ii) Certify that permitted aquatic species sold for delivery into this state are free of disease, insect pests, and incidental contamination by other species.

(c) Acquiring and deploying software to combat or prevent the online sale of aquatic invasive species for delivery into this state.

(d) Methods for addressing online retail marketplaces that allow the sale of aquatic invasive species for delivery into this state.

(e) An education program on safe online sales practices directed to both buyers and sellers of aquatic species in trade.

(f) Connecting regulations and education on online sales of aquatic species to the protection of this state's natural resources as a component of the Pure Michigan tourism advertising campaign.

(g) Financial and other resources for implementing recommendations under this subsection.

(h) Proposals for collaborating with other states, including other Great Lakes states, and Canadian provinces to create or strengthen national or regional programs or coordinate state and provincial programs to achieve the goal set forth in subsection (1).

(3) In preparing the report required by this section, the council shall consult with representatives of organizations and businesses that deal with organisms in trade, including the aquarium, bait, pet, water garden, horticulture, aquaculture, and shipping trades.

Sec. 41406. To facilitate coordination and minimize duplication in fulfilling its duties, the council shall do all of the following:

(a) Consider relevant recommendations and reports by other state, regional, federal, provincial, Canadian, and international bodies and collaborations.

(b) Regularly consult with the Great Lakes Commission and the department of environment, Great Lakes, and energy, including the office of the Great Lakes.

Sec. 41407. Sections 41404, 41405, and 41406 and this section are repealed effective 4 years after the effective date of the amendatory act that added this section.