HB-5156, As Passed House, March 6, 2018
HB-5156, As Passed Senate, March 6, 2018
October 19, 2017, Introduced by Reps. LaSata, Hoadley, Pagel, Brann, McCready, Lucido, Graves, Marino, Griffin and VanderWall and referred to the Committee on Tourism and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 35801 and 35803 (MCL 324.35801 and 324.35803),
as added by 1996 PA 89; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 35801. (1) As used in this part, "department" means the
department of natural resources.
(2)
(1) The department shall administer a program
entitled the
an
adopt-a-shoreline program which
shall be designed to remove
litter
from and to beautify state owned land along the state's
shorelines within state parks and state recreation areas. The
program shall include public informational activities, but shall be
directed primarily toward encouraging and facilitating the
involvement of volunteer groups in litter cleanup work and
assisting volunteer groups in selecting specific shoreline or
shoreline segments for cleanup activities.
(3) (2)
The department may promulgate rules
as necessary to
implement
the adopt-a-shoreline program. If the Michigan supreme
court
rules that sections 45 and 46 of the administrative
procedures
act of 1969, Act No. 306 of the Public Acts of 1969,
being
sections 24.245 and 24.246 of the Michigan Compiled Laws, are
unconstitutional,
and a statute requiring legislative review of
administrative
rules is not enacted within 90 days after the
Michigan
supreme court ruling, the department shall not promulgate
rules
under this part.
(4) (3)
The department may enter into
agreements with
volunteer groups to implement the adopt-a-shoreline program.
Agreements with volunteer groups shall include, but are not limited
to, all of the following:
(a) Identification of the designated shoreline or shoreline
segment. The volunteer group may request a specific segment of the
shoreline it wishes to adopt, subject to the approval of the state
park
or recreation area manager or supervisor.
In assisting The
department
shall assist volunteer groups in
selecting to select
sections
of a shoreline , the department shall coordinate and
cooperate
and to identify any necessary
permits and other
authorizations, in cooperation with affected federal, state, and
local management agencies, nonprofit organizations, and private
landowners.
(b) Specification of the duties of the volunteer group, which
shall
involve the removal include
both of the following:
(i) Removal of litter along the designated shoreline or
shoreline segment at least once each year.
(ii) (c)
Specification of the responsibilities of the
volunteer
group, including the volunteer group's agreement to abide
by
all Compliance with any rules related to the program that are
adopted by the department.
(d)
A specific designation of the length of time the volunteer
group
contracts to care for the designated shoreline or shoreline
segment,
which shall be for a period of time of not less than 2
years.
Sec.
35803. (1) The department shall provide volunteer groups
conducting
litter cleanup efforts with data information sheets and
shall
request that the volunteer groups record on the data
information
sheets the types of trash collected during the group's
cleanup
effort. The department shall request the data information
to
be forwarded to the department upon completion.
(2)
The department shall compile information obtained from the
data
information sheets received pursuant to subsection (1) and
shall
include this information in the report prepared under section
35804.This part or an agreement under this part
shall not be
construed to prohibit a cleanup effort from being conducted on any
state land.
Enacting section 1. Section 35804 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.35804, is
repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.