Bill Text: MI SB0034 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Natural resources; funding; expedited review process for certain projects and allowable expenditures from waterway account; modify. Amends secs. 4112, 4113, 78101 & 78110 of 1994 PA 451 (MCL 324.4112 et seq.).
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2010-12-29 - Assigned Pa 0302'10 With Immediate Effect [SB0034 Detail]
Download: Michigan-2009-SB0034-Engrossed.html
SB-0034, As Passed House, December 2, 2010
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 34
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 4112, 4113, 78101, and 78110 (MCL 324.4112,
324.4113, 324.78101, and 324.78110), sections 4112 and 4113 as
added by 2006 PA 602, section 78101 as amended by 2010 PA 34, and
section 78110 as amended by 2004 PA 587.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
4112. (1) Not later than October 1, 2007, the department
shall
establish an expedited review process for construction permit
applications
for For projects described in subsection (2), that
are
located
in a county with a population of between 750,000 and
1,000,000
and any contiguous county with a population greater than
160,000.
The an expedited review process shall be available through
September
30, 2010 2015. To be eligible for expedited review, an
applicant shall submit all of the items under subsection (4) not
later
than September 30, 2010 2015.
(2) Subject to subsection (3), the following projects are
eligible for expedited review:
(a) A conventional gravity sewer extension of 10,000 feet or
less of sewer line.
(b) A simple pumping station and force main.
(c) A small diameter pressure sewer and grinder pumping
station.
(3) An expedited review shall not be conducted for a project
that is being funded by the state water pollution control revolving
fund created in section 16a of the shared credit rating act, 1985
PA 227, MCL 141.1066a.
(4) A person requesting an expedited review shall do all of
the following:
(a) At least 10 business days prior to submitting an
application under subdivision (b), notify the department
electronically, in accordance with the instructions provided on the
department's website, of his or her intent to request expedited
review. The department may waive this 10-day notification
requirement.
(b) Submit electronically a complete application for a
construction permit including a request for expedited review and
including, via credit card, the appropriate fee under subsection
(5).
(c) Provide a written copy of the construction plans and
specifications for the project that has been prepared, signed, and
sealed by a licensed professional engineer to the department
postmarked
not later than the same date that the application is
submitted electronically.
(d) For nongovernmental entities, provide certification to the
department that all necessary contractual service agreements and
financial plans are in place.
(5) Except as provided in subsection (7), the fee for an
expedited review is as follows:
(a) For a conventional gravity sewer extension less than 2,000
feet, $1,000.00.
(b) For a conventional gravity sewer extension equal to or
greater than 2,000 feet but less than 4,000 feet of sewer line,
$1,500.00, and for each incremental increase of up to 2,000 feet of
sewer line, an additional $500.00.
(c) For a simple pumping station and force main, $2,000.00.
(d) For a small diameter pressure sewer and grinder pumping
station consisting of not more than 2,000 feet of sewer line and
not more than 10 grinder pumping stations, $2,000.00.
(e) For small diameter pressure sewer and grinder pumping
station projects not covered by subdivision (d) and consisting of
not more than 5,000 feet of sewer line and not more than 25 grinder
pumping stations, $4,000.00.
(6) Except as provided in subsection (8), if an applicant does
not comply with subsection (4), the department shall not conduct an
expedited review and any submitted fee shall not be refunded.
Within 10 business days after receipt of the application, the
department shall notify the applicant of the reasons why the
department's review of the application will not be expedited. Upon
receipt of this notification, a person may correct the deficiencies
and resubmit an application and request for an expedited review
with the appropriate fee specified under subsection (7). The
department shall not reject a resubmitted application and request
for expedited review solely because of deficiencies that the
department failed to fully identify in the original application.
(7) For a second submission of an application that originally
failed
to meet the requirements specified in subsection (6) (4),
the applicant shall instead include a fee equal to 10% of the fee
specified in subsection (5). However, if the deficiency included
failure to pay the appropriate fee, the second submission shall
include the balance of the appropriate fee plus 10% of the
appropriate fee. If the applicant makes additional changes other
than those items identified by the department as being deficient,
the applicant shall instead include an additional fee equal to the
fee specified in subsection (5). For the third and each subsequent
submittal of an application that failed to meet the requirements
specified
in subsection (6) (4), the applicant shall include an
additional fee equal to the fee specified in subsection (5).
(8) If an applicant fails to sign the application, submits
construction plans and specifications that have not been prepared,
signed, and sealed by a licensed professional engineer, or submits
an insufficient fee, the department shall notify the applicant
within 5 business days of the deficiency. The application shall not
be processed until the deficient items are addressed. If the
applicant does not provide the deficient items within 5 business
days after notification by the department, the application shall be
handled
as provided in subsection (6) (4).
(9) The department shall review and make a decision on
complete
applications submitted with a request for expedited review
pursuant
to the following schedule: within
10 business days of
receipt by the department of a complete application. However, if
the department waives the notification requirement of subsection
(4)(a), the department shall review and make a decision on the
application within 20 business days of receipt of a complete
application.
(a)
Until September 30, 2008, a permit decision shall be made
within
20 business days of receipt by the department of the
complete
application.
(b)
From October 1, 2008 through September 30, 2009, a permit
decision
shall be made within 15 business days of receipt by the
department
of the complete application.
(c)
From October 1, 2009 through September 30, 2010, a permit
decision
shall be made within 10 business days of receipt by the
department
of the complete application.
(10)
If the department fails to meet the deadlines deadline
specified in subsection (9), the department shall continue to
expedite the application review process for an application
submitted under this section. However, the fee for an expedited
review required under this section shall be refunded if the
department
fails to meet the deadlines deadline
established in
subsection (9).
(11) The department shall transmit fees collected under this
section to the state treasurer for deposit into the fund.
(12) As used in this section, "complete application" means
that a department-provided application form is completed, all
requested information has been provided, and the application can be
processed without additional information.
Sec. 4113. (1) The infrastructure construction fund is created
within the state treasury.
(2) 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.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The department shall expend money from the fund, upon
appropriation, only to administer this part and the safe drinking
water act, 1976 PA 399, MCL 325.1001 to 325.1023, including all of
the following:
(a) Maintenance of program data.
(b) Development of program-related databases and software.
(c) Compliance assistance, education, and training directly
related to this part and the safe drinking water act, 1976 PA 399,
MCL 325.1001 to 325.1023.
(d) Program administration activities.
(5)
By January 1, 2009 and by January 1 of each year
thereafter
until January 1, 2011 2016,
the department shall prepare
and submit to the governor, the chairs of the standing committees
of the senate and house of representatives with primary
responsibility for issues related to natural resources and the
environment, and the chairs of the subcommittees of the senate and
house appropriations committees with primary responsibility for
appropriations to the department a report that details the
department's administration of the expedited review process under
section 4112 and the expedited review process under section 4a of
the safe drinking water act, 1976 PA 399, MCL 325.1004a, in the
previous fiscal year. This report shall include, at a minimum, all
of the following as itemized for each expedited review process:
(a) The number of requests for expedited review received by
the department.
(b) The percentage and number of requests for expedited review
that were properly submitted.
(c) The percentage and number of requests for expedited review
that were reviewed for completeness within statutory time frames.
(d) The percentage and number of requests for expedited review
for which a final action was taken by the department within
statutory time frames. The type of final action shall be indicated.
(e) The amount of revenue in the fund at the end of the fiscal
year.
(6)
For the first 3 years of the expedited review process, the
department
shall submit quarterly summary reports of items under
subsection
(5)(a) to (d) to the chairs of the standing committees
of
the senate and house of representatives with primary
responsibility
for issues related to natural resources and the
environment
and the chairs of the subcommittees of the senate and
house
appropriations committees with primary responsibility for
appropriations
to the department.
Sec. 78101. As used in this part:
(a) "Commercial motor vehicle" means that term as defined in
section 74101.
(b) "Commission" means the Michigan state waterways
commission.
(c) "Department" means the department of natural resources.
(d) "Designated state-operated public boating access site"
means a state-operated public boating access site designated under
section 78105(2).
(e) "Director" means the administrative director of the
commission.
(f) "Diesel motor fuel" means any liquid fuel used in the
operation of engines of the diesel type in motor vehicles or
watercraft.
(g) "Gasoline" means gasoline, casing head or natural
gasoline, benzole, benzine, and naphtha. Gasoline also means any
liquid prepared, advertised, offered for sale, sold for use as, or
used for, the generation of power for the propulsion of motor
vehicles or watercraft, including any product obtained by blending
together any 1 or more products of petroleum, regardless of their
original names or characteristics, with or without other products,
unless the resultant product obtained is entirely incapable of use
for the generation of power for the propulsion of motor vehicles or
watercraft. Gasoline does not include diesel fuel, liquefied
petroleum gas, or commercial or industrial naphthas or solvents
manufactured, imported, received, stored, distributed, sold, or
used exclusively for purposes other than as a fuel for motor
vehicles or watercraft.
(h) "Harbor" means a portion of a lake or other body of water
either naturally or artificially protected so as to be a place of
safety for watercraft, including contrivances used or designed for
navigation on water and used or owned by the United States.
(i) "Harbor facilities" means the structures at a harbor
constructed to protect the lake or body of water and the facilities
provided within the harbor and ashore for the mooring and servicing
of watercraft and the servicing of crews and passengers.
(j) "Inland lake or stream" means that term as defined in
section 30101.
(k) "Liquefied petroleum gas" means gases derived from
petroleum or natural gases that are in the gaseous state at normal
atmospheric temperature and pressure, but that may be maintained in
the liquid state at normal atmospheric temperature by suitable
pressure.
(l) "Marina" means a site that contains harbor facilities.
(m) "Motor vehicle" means that term as defined in section
74101.
(n) "Navigable water" means any waterway navigable by vessels,
or capable of being made navigable by vessels through artificial
improvements, and includes the structures and facilities created to
facilitate navigation.
(o) "Nonresident motor vehicle" means that term as defined in
section 74101.
(p) "Person" includes any individual, partnership,
corporation, association, or body politic, except the United States
and this state, and includes any trustee, receiver, assignee, or
other similar representative of those entities.
(q) "Public boating access site" means a publicly owned site
for the launching of recreational watercraft.
(r) "Recreational boating facilities" means boat launches,
harbors, marinas, and locks assisting recreational boats accessing
water bodies at different elevations.
(s) (r)
"Recreation passport fee"
means that term as defined
in section 2001.
(t) (s)
"Resident motor vehicle"
means that term as defined in
section 74101.
(u) (t)
"Retail fuel dealer"
includes any person or persons,
both private and municipal, who engage in the business of selling
or distributing fuel within this state.
(v) (u)
"Secretary of state"
means the secretary of state of
this state, acting directly or through a duly authorized deputy,
investigators, agents, and employees.
(w) (v)
"Vessel" means all
watercraft except the following:
(i) Watercraft used for commercial fishing.
(ii) Watercraft used by the sea scout department of the boy
scouts of America chiefly for training scouts in seamanship.
(iii) Watercraft owned by this state, any political subdivision
of this state, or the federal government.
(iv) Watercraft when used in interstate or foreign commerce and
watercraft used or owned by any railroad company or railroad car
ferry company.
(v) Watercraft when used in trade, including watercraft when
used in connection with an activity that constitutes a person's
chief business or means of livelihood.
(x) (w)
"Watercraft" means any
contrivance used or designed
for navigation on water, including, but not limited to, any vessel,
ship, boat, motor vessel, steam vessel, vessel operated by
machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat,
but does not include contrivances used or owned by the United
States.
(y) (x)
"Waterway" means any body
of water.
(z) (y)
"Waterways account" means
the waterways account of the
Michigan conservation and recreation legacy fund provided for in
section 2035.
Sec. 78110. Money in the waterways account shall be used only
for the following:
(a) The construction, operation, and maintenance of the
following that are associated with recreational boating facilities:
.
(i) Ramps and related support infrastructure for launching
watercraft.
(ii) Piers, jetties, breakwaters, or other similar structures
connected to existing or proposed recreational boating facilities
or harbors of refuge.
(iii) Moorage facilities and related support infrastructure at
marinas to provide dockage for transient and seasonal users.
(iv) Studies and surveys necessary for the development of
recreational boating facilities or the operation of recreational
boating facilities, and the implementation of recommendations from
these studies and surveys.
(v) Restrooms, sewage treatment facilities, showers, potable
water supplies, security lights, and parking areas.
(vi) Pump outs.
(vii) Access roads, bridges, signals, and other infrastructure
to provide the public access to recreational boating facilities.
(viii) Engineering costs, including planning and construction
costs and costs of environmental assessments and permit
applications.
(ix) Dredging, stump removal, and aquatic weed control when the
activities can be shown to clear lanes to make a water body more
accessible primarily for recreational boats as opposed to general
navigation.
(x) Navigational aids in the immediate area of recreational
boating facilities.
(xi) Signage for the effective use of recreational boating
facilities.
(xii) Publication of guides, brochures, maps, road signs,
internet sites, and other aids to inform boaters of recreational
boating facilities.
(xiii) Projects that compensate or mitigate for natural resource
losses caused by activities described in this subdivision.
(xiv) Locks used exclusively by recreational boaters.
(xv) Leases of property for recreational boating facilities or
parking areas for the exclusive use of recreational boating
facilities.
(xvi) Boat storage facilities, boat lift facilities, and boat
servicing facilities within recreational boating facilities when
constructed so as to be leased to a private marina operator under
the guidelines of part 791.
(xvii) Equipment used exclusively for the development,
maintenance, or operation of recreational boating facilities.
(b) The acquisition of property or rights in property for the
purposes
of this part, . including
both of the following:
(i) Land acquisition for the development of recreational
boating facilities or parking areas exclusively for the servicing
of recreational boating facilities.
(ii) Water rights for the securing of recreational boating
access facilities.
(c) For grants to local units of government and state colleges
or universities to acquire and develop harbors of refuge and public
boating access sites under section 78115.
(d) For the purposes provided in part 791.
(e)
For the administration of this part and part 791, .
including the following:
(i) Administrative and overhead cost directly related to
recreational boating facilities.
(ii) Employee wages and benefits incurred for the
administration of this part.
(iii) Conferences, meetings, and training for employees working
at or on recreational boating facilities.
