HOUSE BILL NO. 6428

November 12, 2020, Introduced by Reps. Bolden, Meerman and Steven Johnson and referred to the Committee on Government Operations.

"The drain code of 1956,"

by amending sections 6, 54, 72, 102, 105, 106, 122, 126, 154, 157, 196, 197, 221, 391, 393, 424, 433, 441, 441a, 467, 469, 489a, 519, 521, 538a, 558, and 562 (MCL 280.6, 280.54, 280.72, 280.102, 280.105, 280.106, 280.122, 280.126, 280.154, 280.157, 280.196, 280.197, 280.221, 280.391, 280.393, 280.424, 280.433, 280.441, 280.441a, 280.467, 280.469, 280.489a, 280.519, 280.521, 280.538a, 280.558, and 280.562), sections 72, 105, 122, and 154 as amended by 2018 PA 646, section 102 as amended by 2018 PA 647, section 196 as amended by 2008 PA 509, section 197 as amended by 2017 PA 62, section 221 as amended by 2016 PA 27, and section 433 as amended by 1982 PA 449.

the people of the state of michigan enact:

Sec. 6. All established drains regularly located and established in pursuance of law existing at the time of location and establishment and visibly in existence, which were established as drains, and all drains visibly in existence in written drain easements or rights of way on file in the office of the commissioner, shall be deemed public drains located in public easements or rights of way which are valid and binding against any owners of any property interest who became or hereafter become such owners after the location and establishment of the drain or the existence of the drain became visible or the written drain easement or right of way was executed, and the commissioner or drainage board may use, enter upon and preserve such the easement or right of way for maintenance of the visible drain and any other lawful activity with respect to the same drain not requiring a larger or different easement or right of way and may exercise any rights granted in the written easement or right of way on file in the office of the commissioner. Easements or rights of way, or portions of easements or rights of way, no longer necessary for drainage purposes may be conveyed or released to the fee owners by the commissioner or drainage board on behalf of the drainage district. The Before January 1, 2022, the drain commissioner or drainage board shall give at least 30 days' notice of the intention to release the excess easements by publishing a notice in a newspaper of general circulation in the county or a newspaper of general circulation where the drainage district boundaries are located. Beginning January 1, 2022, the drain commissioner or drainage board shall give at least 30 days' notice of the intention to release the excess easements by posting as provided in the local government public notice act. This notice shall give a general description of the excess easements to be released and the date any taxpayers may appear to protest said the release. After said the date if no protests are received, the drain commissioner or drainage board may release said the excess easements or portions thereof of easements not necessary for drainage purposes.

Sec. 54. (1) The commissioner shall prepare and file in his or her office his an order designating a drainage district. and give it The order shall do all of the following:

(a) Give the drainage district a name or number. and describe therein

(b) Describe the boundaries of the drainage district by streets or highways or parcels of land for each of the several tracts or parcels of land included therein in the district and the counties, townships, cities, villages, and state trunk line highways which that would be benefited by the construction of the drains and would be liable to assessment therefor, also a description of for the construction.

(c) Describe the drains as determined by him, the commissioner, showing the beginning, route, terminus, and type of the proposed construction. and the estimated

(d) Estimate the cost of such the proposed construction. The

(2) Before January 1, 2022, the commissioner shall give notice of filing the order designating a drainage district by publishing a notice publication in a newspaper of general circulation in the county , or a newspaper of general circulation in the area where the drainage district boundaries are located. , which Beginning January 1, 2022, the commissioner shall provide notice of filing the order designating a drainage district within the county or the area where the drainage district boundaries are located by posting as provided in the local government public notice act. The public notice shall give a general description of the route of the proposed drain or drains and of the drainage district as shown by the order.

(3) At any time after the order designating a drainage district and giving it a name or number has been filed in the office of the drain commissioner, the order may be amended as to the name or number of the drain at any time by presenting to the drain commissioner of the county a petition signed by no less not fewer than 5 land owners whose land is traversed by the drain, which petition shall state the then present name or number of the drain and the change or changes to be made in the name or number. Upon receipt of such the petition, and if in the drain commissioner's opinion it is to in the best interest of all concerned that the name or number be changed, he the drain commissioner shall make his or her order amending the name or number, and thereafter the drainage district shall be known by such that name or number. The drain commissioner shall forthwith promptly post such signs upon the drain as he may deem or she considers advisable for public notice of the new name or number.

Sec. 72. (1) As soon as practicable after the filing of a petition, the commissioner authorized to act on the petition, if not disqualified under section 381 to make the apportionment of benefits, may appoint a board of determination composed of 3 disinterested property owners. If the commissioner is disqualified or chooses not to appoint the board of determination, the commissioner shall immediately file a copy of the petition with the chairperson of the county board of commissioners, together with a statement, signed by the commissioner, that he or she is disqualified or chooses not to act in appointing a board of determination. As soon as practicable after receiving a copy of the petition and certificate, the chairperson of the county board of commissioners, unless he or she has a conflict of interest, shall appoint a board of determination composed of 3 disinterested property owners and shall immediately notify the drain commissioner of the names and addresses of those appointed. If the chairperson of the board of commissioners has a conflict of interest in the proceedings, the drain committee of the county board of commissioners shall appoint the board of determination. Members of boards of determination shall be residents of the county but not of a township, city, or village affected by the drain, and shall not be members of the county board of commissioners of the county.

(2) The drain commissioner shall call a meeting of the board of determination at a convenient place within the drainage district or at a public building within a city, village, or township in which the drain is located. If an individual appointed to the board of determination fails or refuses to serve, the drain commissioner shall appoint a successor. The per diem compensation and the mileage and expense reimbursements of a member of the board of determination shall be the same as the county board of commissioners of the county. In counties where commissioners are not paid on a per diem basis, the compensation and the mileage and expense reimbursements shall be set by the drain commissioner. Upon request, the county drain commissioner shall inform in writing the requesting state legislator who represents the area in which the proposed drain improvement is to be constructed of the names and addresses of the persons appointed to a board of determination.

(3) The drain commissioner shall give public notice of the time, date, and place of the meeting of the board of determination in the manner required by the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. The commissioner shall also give such notice, not less than 10 days before the meeting, by all of the following means:

(a) Publication Before January 1, 2022, by publication in a newspaper of general circulation in the county.

(b) Beginning January 1, 2022, by posting as provided in the local government public notice act.

(c) (b) Service By service on the county clerk and a member of the board of county road commissioners of the county and on the supervisor of each township and clerk of each city and village in the drainage district, personally or by certified mail.

(d) (c) Service By service by first-class mail on each person whose name appears on the last city, village, or township tax roll as owning land within the drainage district, at the address shown on the roll. If an address does not appear on the roll, a notice need not be mailed to the person. The drain commissioner shall make an affidavit of the mailing and shall recite in the affidavit that the notice was mailed to all of the persons whose names and addresses appear upon the tax rolls as owning land within the drainage district. The affidavit is conclusive proof that notice was mailed to each person to whom notice is required to be mailed under this section. The failure to receive a notice by mail is not a jurisdictional defect invalidating a drain proceeding or drain assessment if notice was sent by first class mail as provided in this subdivision.

(4) All expenses of notification shall be paid by the drainage district when created.

(5) At the time and place specified in the notice, the board of determination shall meet, elect a chairperson and secretary, and, after considering the evidence offered, determine the necessity of the proposed drain and whether the drain is conducive to public health, convenience, or welfare. The board of determination, if it considers it necessary, shall require the county drain commissioner to obtain from the county treasurer a statement showing the amount of taxes and special assessments levied against the land in the proposed drainage district on the tax rolls for the immediately preceding 3 years and the amount of the taxes and assessments remaining unpaid. If it appears from the statement that 25% or more of the taxes are unpaid on the lands, further action shall not be taken. If the board of determination finds, by a majority vote of the members, that the drain is not necessary and conducive to public health, convenience, or welfare, the board of determination shall file with the commissioner an order dismissing the petition, and a further petition for the drain shall not be filed within 1 year after the determination. If the board of determination finds, by a majority vote, that the proposed drain is necessary and conducive to the public health, convenience, or welfare, the board of determination shall make an order to that effect and file the order with the commissioner. Not more than 10 days after the board of determination files an order finding the proposed drain to be necessary and conducive to the public health, convenience, or welfare, the drain commissioner shall determine the cities, townships, and villages within the drainage district benefiting from the drain for public health and shall notify by certified mail each such city, township, and village that it is liable to pay a percent of the cost of construction of the drain by reason of benefits at large for public health. Within 20 days after the commissioner's receipt of the order of the board of determination, if an appeal has not been taken under section 72a, the drain commissioner shall make a first order of determination in writing, giving the name or number of the drainage district and a general description of the route, terminus, and type of construction of the drain. The drain commissioner shall file a copy of the order in his or her office.

Sec. 102. (1) Within 20 days after an application is filed under section 101, the commissioner shall send a copy of the application by certified mail to the director of the department of agriculture and rural development and the drain commissioner of each county in which lands that will benefit from the drain are located. The drain commissioners of the counties and the director of the department of agriculture and rural development or any deputy designated by the director constitute the drainage board.

(2) The director of the department of agriculture and rural development shall call a meeting of the drainage board. The meeting shall be held not less than 15 and not more than 60 days after the director's receipt of the application under subsection (1). The meeting shall be held in the immediate locality of the proposed drainage district. A notice of the meeting shall be served by the respective drain commissioner on the county clerk and a member of the board of county road commissioners of each county and the supervisor of each township and clerk of each city and village within the proposed drainage district personally or by certified mail at least 10 days before the public meeting. A Before January 1, 2022, a notice of the meeting shall be published in each county in which lands liable for assessments for the drain are located once a week for 2 consecutive weeks before the meeting in a newspaper of general circulation in the county, if there is such a newspaper. The first publication shall be at least 10 days before the meeting. Beginning January 1, 2022, the director of the department of agriculture and rural development shall post notice within each affected county at least 10 days before the meeting by posting as provided in the local government public notice act.

Sec. 105. (1) After considering the recommendations of the surveyor or engineer under section 104, the drainage board shall determine all of the following:

(a) A designation for the drainage district, by name or number.

(b) A description of the drainage district, which shall comprise all the land that would be benefited by and liable for assessments for the construction of the drain. The drainage district may be described by either of the following methods:

(i) By its boundaries of streets and highways or tracts or parcels of land.

(ii) By a description of all land included in the drainage district, by tracts or parcels of land, counties, townships, cities, villages, or state trunk line highways of which the district is comprised.

(c) A description of the drain showing the beginning, route, terminus, type of construction and the estimated cost of the construction.

(d) The percentage of the cost for laying out a drainage district tentatively apportioned to each county in which any part of the drainage district is located, subject to redetermination under section 123. If a member of the drainage board would be disqualified under sections 381 and 383 from making an apportionment of benefits, both of the following apply:

(i) The drainage board member is disqualified from participation in the determination of tentative apportionments.

(ii) A special commissioner shall be appointed pursuant to section 382 to serve as a member of the drainage board to determine tentative apportionments.

(2) The chairperson of the drainage board shall prepare and execute an order designating an intercounty drainage district as determined by the drainage board under subsection (1). Within 10 days after the order is executed, the chairperson of the drainage board shall file a copy of the order in the office of the county drain commissioner of each county in which any part of the district is located. The Before January 1, 2022, the drainage board shall publish notice of the filing of the order in a newspaper of general circulation in each such county, once in each week for 2 successive weeks. The Beginning January 1, 2022, the director of the department of agriculture and rural development shall post notice of the filing of the order as provided in the local government public notice act. The public notice shall give a general description of the route of the drain and of the drainage district as shown by the order.

(3) The drain commissioner of a county traversed by the drain may request in writing that the name or number of a drain as designated in an order filed under subsection (2) be changed. The request shall state the name or number of the drain and the change to be made in the name or number. The drain commissioner shall file the request in his or her office and mail a copy of the request to the director of the department of agriculture and rural development and to the drain commissioner of each county in which any part of the drainage district is located. The director of the department of agriculture and rural development or the director's designee shall call a meeting of the drainage board. The drainage board may file an order changing the name or number of the drain. The Before January 1, 2022, the drainage board may also order the posting of signs upon the drain for public notice of the new name or number. Copies of the order changing the name or number of the drain shall be filed with the drain commissioner and the county treasurer of each county in which any part of the drainage district is located.

(4) If the drainage board cannot agree as to the apportionment of costs for laying out a drainage district, the chairperson shall apportion the costs and the counties affected shall pay the costs as provided in section 302.

Sec. 106. (1) If the drain commissioner of a county involved considers the apportionment between the counties to be unfair, the commissioner shall have the right to may have the apportionment reviewed by an arbitration board to be composed of drain commissioners from unaffected counties in this state. Within 20 days after the order of apportionment provided in section 105, the commissioner shall sign and file with the department of agriculture and rural development a claim for review by arbitration in which the commissioner shall state stating briefly in what respect he or she considers the apportionment unfair and request, over the commissioner's official signature, requesting a review by arbitration. The commissioner shall nominate a disinterested drain commissioner as his or her choice for the arbitration board. Upon receipt of the claim for review by arbitration, the director of the department of agriculture and rural development or the director's deputy shall forward to each county drain commissioner involved, except the claimant, within 10 days, a copy of the claim for review by arbitration. The commissioners, within 10 days, shall notify the department of agriculture and rural development of their selection to the arbitration board.

(2) The director of the department of agriculture and rural development, at the earliest date, consistent with Act No. 267 of the Public Acts of 1976, the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, but not later than 30 days after the notice, shall notify the chosen drain commissioners of a date and time they shall meet in the commissioner's department's office in Lansing. At the meeting they shall select 1 or 2 more unaffected drain commissioners in the this state to complete the board of review. Only 1 shall be selected if the board members selected by the drain commissioners affected constitute an even number, and 2 shall be selected if the board members selected by the drain commissioners affected constitute an odd number.

(3) Upon selection of the final members of the board of review, those members present shall set a date, time, and place in an affected county for a first full meeting of the full board of review. Notice of the meeting shall be served by certified mail at least 10 days before the meeting on the county clerk of each county affected and the supervisor of each township traversed by the drain. Before January 1, 2022, notice of the meeting shall be posted in 5 public places in each county affected. and be served personally or by registered mail at least 10 days before the meeting on the county clerk of the county and the supervisor of a township in each county traversed by the drain. A Before January 1, 2022, a notice of the meeting shall be published once a week for 2 consecutive weeks before the meeting in a newspaper published and of general circulation in the counties affected. Beginning January 1, 2022, notice of the meeting shall be posted as provided in the local government public notice act. The first publication is to shall be at least 10 days before the meeting. The director of the department of agriculture and rural development shall notify the 1 or 2 drain commissioners selected of their appointment and of the date, time, and place of the next meeting of the full board.

(4) The board of arbitration shall convene at the time, date, and place specified, elect a chairperson and secretary, and review the fairness of the apportionment between the counties. The board may adjourn until their review is completed. The findings shall be made and signed by all the members attesting the determination of the majority of the board, and the determination by the majority of the board shall be final and conclusive as to the fairness of the apportionment.

Sec. 122. (1) Within 20 days after a petition to locate, establish, and construct an intercounty drain is filed under section 121, the drain commissioner shall notify by certified mail the drain commissioner for each county in which any part of the drainage district is located and the director of the department of agriculture and rural development. The chairperson shall call a meeting of the drainage board within the time set forth in section 102.

(2) The drainage board has the same powers and duties as a drain commissioner with respect to a county drain, except as otherwise provided in this act.

(3) At a meeting of the drainage board, the chairperson shall not vote, except that the chairperson may cast the deciding vote in case of a tie.

(4) Not less than 10 days before the meeting, the drainage board shall give notice of the time, date, and place of the meeting by all of the following means, as applicable:

(a) Publication Before January 1, 2022, by publication in a newspaper of general circulation in the drainage district.

(b) Beginning January 1, 2022, by posting as provided in the local government public notice act.

(c) (b) Service, personally or by certified mail or, before January 1, 2022, personally, on the county clerk and a member of the board of county road commissioners of each county and the supervisor of each township and clerk of each city and village in the drainage district.

(d) (c) Service, by first-class mail on each person whose name appears on the last city or township tax roll as owning land in the drainage district, at the address shown on the roll. If an address does not appear on the roll, a notice need not be mailed to the person. The drain commissioner shall make an affidavit of the mailing and shall recite in the affidavit that the notice was mailed to all of the persons whose names and addresses appear upon the tax rolls as owning land in the drainage district. The affidavit is conclusive proof that notice was mailed to each person to whom notice is required to be mailed under this subdivision. The failure to receive a notice by mail is not a jurisdictional defect invalidating a drain proceeding or drain assessment if notice was sent by first class mail as provided in this section.

(5) All expenses of notification shall be paid by the drainage district when created.

(6) The drainage board shall act as the board of determination and shall determine by majority vote the necessity of drains proposed to be located, established, and constructed under this chapter.

(7) The drainage board shall consider the petition and evidence offered, and if it is determined determines that the drain is necessary for the public health, convenience, or welfare, it shall make an order to that effect and file the order with the drainage board. If the drainage board determines that the drain is not necessary and conducive to the public health, convenience, or welfare, the drainage board shall file an order dismissing the petition, and further another petition for the drain shall not be filed within 1 year after the determination. Not more than 10 days after the drainage board files an order finding the proposed drain is necessary and conducive to the public health, convenience, or welfare, the drainage board shall determine the cities, townships, and villages within the drainage district benefiting from the drain for public health and shall notify each such city, village, and township that is liable to pay a percentage of the cost of the construction of the drain by reason of benefits at large for public health. Within 20 days after an order determining that the drain is necessary is filed, if an appeal has not been taken under section 122a, the drainage board shall make a further order, signed by the chairperson, to be known as the first order of determination. The first order of determination shall give the name or number of the drainage district and a general description of the route, terminus, and type of construction of the drain. A copy of the order shall be filed in the office of the county drain commissioner of each county into which any part of the drainage district is located.

(8) If a member of the drainage board would be disqualified under sections 381 and 383 from making an apportionment of benefits, both of the following apply:

(a) The disqualified drainage board member shall not participate in the determination of necessity.

(b) A special commissioner shall be appointed pursuant to section 382 to serve as a member of the drainage board to determine necessity.

Sec. 126. At the time and place fixed in said specified in the notice, or at an adjourned date, the drainage board shall receive bids and let contracts for the construction of the drain in the manner prescribed in chapter 9. , being sections 221 to 223. If no a contract shall be let is not entered within 5 years after the date of filing the petition to locate, establish, and construct the drain, the drainage board may determine that the petition shall be deemed is abandoned and no further action shall be taken to construct the drain. Provided, That However, time during which any litigation shall be is pending to contest the validity of such the proceedings shall is not be counted as a part of such 5-year period. If the drainage board so determines that the petition shall be is abandoned, it shall issue its an order to that effect. ; provided, that such determination of abandonment shall not be issued within the 5 year period. Notice Before January 1, 2022, notice of the order shall be given by publishing a notice in a newspaper of general circulation in each county affected. The provisions of this section shall apply to all petitions which are in full force and effect on the date of January 1, 1973, or thereafter.Beginning January 1, 2022, notice shall be posted as provided in the local government public notice act.

Sec. 154. (1) The commissioner shall give notice as described in subsection (3) (5) for the receiving of bids for the construction of the drain and for the holding of a public meeting to review the apportionment of benefits. The meeting shall be not less than 5 nor more than 30 days after the date set for receiving bids.

(2) The Before January 1, 2022, the notice under subsection (1) shall be given by publication of at least 2 insertions twice in a newspaper published and of general circulation in the county. The first publication shall be at least 10 days before the date set for receiving bids. Beginning January 1, 2022, the notice under subsection (1) shall be posted as provided in the local government public notice act.

(3) The drain commissioner shall also send the notice under subsection (1) by first-class mail at least 10 days before the date of the meeting to review the apportionment of benefits, to each person whose name appears upon the last city or township tax assessment roll as owning land within the special assessment district, at the address shown on the roll. If an address does not appear on the roll, then notice need not be mailed to the person. The drain commissioner shall make an affidavit of the mailing and shall recite in the affidavit that the persons to whom the notice was mailed constitute all of the persons whose names and addresses appear upon the tax rolls as owning land within the particular special assessment district. The affidavit is conclusive proof that notice was mailed to each person to whom notice is required to be mailed. If notice has been sent by first-class mail as provided in this section, the failure to receive notice by mail does not constitute a jurisdictional defect invalidating a drain proceeding or tax. If the drain commissioner determines that the drain is necessary for the protection of the public health and that the whole cost of the drain, except that part which may be apportioned for benefits to highways, shall be apportioned to municipalities, then mailing of individual notices to persons owning land within the special assessment district as provided in this subsection is not required.

(4) The Before January 1, 2022, the notice under subsection (1) shall be personally served by first-class mail on the county clerk and a member of the board of county road commissioners of the county and on the supervisor of each township and clerk of each city or village to be assessed at large.

(5) The notice under subsection (1) shall contain all of the following:

(a) The date, time, and place of receiving bids.

(b) The date, time, and place of the meeting to review the apportionment of benefits.

(c) A statement that, at the meeting to review the apportionment of benefits, the drain commissioner will have available to review the tentative apportionments against parcels and municipalities within the drainage district.

(d) A statement that drain assessments against land will be collected in the same manner as property taxes.

(e) A statement that if drain assessments against land are collected by installment, the land owner may pay the assessments in full with any interest to date at any time and thereby avoid further interest charges.

(f) The name of each county, township, city, or village to be assessed at large.

(g) A description of the land constituting the special assessment district for the drain. The description may be stated by designating the boundaries of the special assessment district by streets, highways, parcels, or tracts of land or by describing the tracts or parcels of land constituting the district. A tract or parcel need not be subdivided beyond the point where the whole of the tract or parcel is within the drainage district.

(h) The name or number of the drain.

(i) The number and length of sections, the average depth and width of each section, and if the drain will be a closed drain, the amount and specifications of all tile or pipe required.

(j) The location, number, type, and size of all culverts and bridges.

(k) The conditions upon which the contract will be awarded.

(6) The notice under subsection (1) need not contain minutes of survey or a table of cuttings. These shall be kept on file in the office of the drain commissioner.

(7) Bids shall be received and the total cost of the drain shall be computed before the time set for review of the apportionment. The computation shall be open to inspection. If the computation is not completed before the day of review, the review may be adjourned from time to time, not more than 20 days in all, for the completion of the computation, or a new hearing may be called with similar notice , by publication and service at least 10 days before the hearing. As provided in this section. If the contracts on which the computation was based are not executed and new contracts are let at a higher price, the computation shall be corrected and a new review held with a similar notice as provided in this section. At the date, time, and place fixed in the notice, or at another date, time, and place to which the county drain commissioner may adjourn the hearing, the apportionment of benefits and the lands constituting the special assessment district shall be subject to review for at least 1 day. The review shall be held open from 9 a.m. until 5 p.m. At the review, the county clerk or the county road commission may appear on behalf of the county; the supervisor of a township may appear on behalf of a township; the mayor or an officer of the city designated by the mayor may appear for a city; the president may appear on behalf of a village. At the review, the county drain commissioner shall hear the proofs and allegations, shall carefully reconsider and review the description of land comprised within the special assessment district , and the several descriptions and apportionment of benefits, and shall define and equalize the land as is just and equitable.

(8) If an apportionment of benefits is made against a state trunk line highway, unless the director of the state transportation department consents in writing to the apportionment, the drain commissioner, at least 20 days before the review on the highway, shall notify by registered certified mail the director of the state transportation department of the percentage apportioned against the highway and the date, time, and place fixed for a review of apportionment of benefits. If the director of the state transportation department desires to have the apportionment of benefits reviewed by the director of the department of agriculture and rural development, the director of the state transportation department, within 10 days from after the receipt of the notice, shall file with the drain commissioner an objection to the apportionment. The drain commissioner shall notify the director of the department of agriculture and rural development of the date, time, and place fixed for the review of apportionments, and at the meeting the director of the department of agriculture and rural development, or a deputy of the director, shall review the apportionment made against the state trunk line highway and listen to the proofs and allegations of the parties, and may view the highway benefited. The action and decision on the apportionment under this subsection, when reduced to writing, is final.

Sec. 157. The board of review shall proceed at the time, date, and place specified in the notice to hear the proofs and allegations of the parties in respect to an appeal, shall proceed to view the lands benefited by the drain, and shall review the apportionments made by the commissioner on the drain. If in their judgment there is a manifest error or inequality in the apportionments, they shall order and make the changes in the apportionment as they may consider just and equitable. If the board of review upon personal examination finds that a land liable to be assessed for the construction of the drain is not included in the drainage district made by the commissioner, they shall add the land to the drainage district of the drain and shall adjourn the review to another time or place as they consider proper, but not in all more than 20 days from and after the time of review first advertised. The notice of the adjournment shall contain a description of lands added to the drainage district. The notice shall be given at least 10 days before the adjourned day of review. Should Before January 1, 2022, if the owners of land liable to an assessment be are nonresidents of the county, personal notice shall be served on the owners, or a notice shall be published in a weekly newspaper published in the county, of at least 2 insertions, giving providing the description of the land added to the assessment district and giving the time, date, and place where the board shall will meet. Beginning January 1, 2022, notice providing the description of the land added to the assessment district and the time, date, and place where the board will meet shall be posted as provided in the local government public notice act. The action and decision of the board shall be are final. The action and decision shall be reduced to writing and signed by a majority of the board making the decision , and shall be delivered to the commissioner together with other papers relating to the decision.

Sec. 196. (1) An annual inspection may be made of a drain established under this act. Inspection shall also be made upon the request of the governing body of a public corporation, as defined in section 461, served in whole or in part by the drain to be inspected. For county drains, the inspection shall be made by the drain commissioner , or a competent person appointed by the drain commissioner. For intercounty drains, the inspection shall be caused to be made by the drainage board.

(2) Surplus construction funds remaining after completion of construction of a drain, or funds remaining after completion of work performed under a petition for maintenance or improvements under this chapter, shall be deposited in the drain fund of a drainage district and shall be expended for inspection, repair, and maintenance of the drain.

(3) If at any time the drain fund of a drainage district contains less than $5,000.00 per mile or fraction of a mile of a drain, the drain commissioner or drainage board may assess the drainage district for an amount not to exceed $2,500.00 per mile or fraction of a mile in any 1 year. The amount collected under an assessment shall be deposited in the drain fund of a drainage district for necessary inspection, repair, and maintenance of the drain.

(4) If an inspection discloses the necessity of expending money for the maintenance and repair of a drain in order to keep it in working order, the drain commissioner for a county drain, or the drainage board for an intercounty drain, may without petition expend an amount not to exceed in any 1 year $5,000.00 per mile or fraction of a mile for maintenance and repair of a drain, exclusive of inspection and engineering fees and the cost of publication and mailing. The determination of the maximum expenditure allowed without a petition or resolution shall be based on the total number of miles of the drain and not on the actual number of miles or location of the maintenance or repair.

(5) If the drain commissioner or the drainage board finds it necessary to expend funds in excess of the amount established in subsection (4) per mile or fraction of a mile in any 1 year for the maintenance and repair of a drain, the additional amounts shall not be expended until approved by resolution of the governing body of each township, city, and village affected by more than 20% of the cost.

(6) If the drain fund of a drainage district does not contain sufficient funds to pay for inspection, repair, and maintenance authorized by this section, the drain commissioner or the drainage board shall reassess the drainage district for the inspection, repair, and maintenance according to benefits received. A reassessment shall be made and spread upon the city or township tax assessment roll within 2 years after the completion of the inspection, repair, and maintenance. If Before January 1, 2022, if the total expenditure is more than the amount established in subsection (4) per mile or fraction of a mile, all real property owners subject to an assessment within the drainage district shall be notified of the assessment by publication in a newspaper of general circulation within the drainage district and by first-class mail to the name and address that appears on the last city or township assessment roll. Beginning January 1, 2022, if the total expenditure is more than the amount established in subsection (4) per mile or fraction of a mile, notice of the assessment shall be posted as provided in the local government public notice act and given by first-class mail to all real property owners subject to an assessment, using the name and address that appears on the last city or township assessment roll. An affidavit of mailing shall be made by the drain commissioner. The affidavit is conclusive proof that the notices required by this subsection were mailed. The failure to receive the notices by mail shall does not constitute a jurisdictional defect invalidating a drain tax if notice by publication was given as required by this subsection.

(7) An assessment for the actual cost of inspection, repair, and maintenance performed on a drain, or an assessment to be deposited in the drain fund of a drainage district, shall be made according to benefits received. The expenditure limit of the amount established in subsection (4) per mile of drain or fraction of a mile shall be used to calculate the maximum amount that the drain commissioner or drainage board may assess in any 1 year without a petition or a request from a public corporation. The property in a drainage district that benefits from the inspection, repair, or maintenance of the drain is subject to assessment for that inspection, repair, or maintenance. Determination of the maximum assessment amount allowed without petition or request, or of the property that is subject to assessment, shall be based on the number of miles of drain and areas of the drainage district receiving benefits and not on the actual number of miles or actual location of the inspection, repair, or maintenance.

(8) If an emergency condition exists that endangers the public health, crops, or property within a drainage district, the drain commissioner or the drainage board may expend funds for maintenance and repair to alleviate the emergency condition.

(9) Nothing in this section prohibits This section does not prohibit the drain commissioner or the drainage board from spending funds in excess of the amount established in subsection (4) per mile or fraction of a mile in any 1 year for inspection, maintenance, and repair of a drain when requested by a public corporation, if the public corporation pays the entire cost of the inspection, maintenance, and repair.

(10) In computing the amounts that may be expended in accordance with this section, the cost of work to be performed by a federal agency or public corporation that is not chargeable to the county or intercounty drainage district shall not be included, nor shall it be necessary for and the drain commissioner or the drainage board is not required to advertise for bids for that portion of the work to be done by the federal agency or public corporation.

(11) For purposes of this section, the costs of maintenance or repair shall include the costs of maintaining the drain in working order to continue a normal flow of water, including the servicing or repair of necessary pumping equipment and utility charges for pumping equipment; the cost of keeping the drain free from rubbish, debris, siltation, or obstructions; the cost of repairing a portion or all of a tile or drain to continue the normal flow of water; and other costs associated with the costs enumerated listed in this subsection.

(12) If the cost of maintenance and repair of a drain includes utility charges or costs to service pumping stations, sewage treatment facilities, or retention basins, the limitation for maintenance and repair does not apply except that the drain commissioner or drainage board may levy sufficient special assessments to pay the charges or costs but not more than the amount sufficient to pay those charges or costs.

(13) Except as otherwise provided in this act, that portion of the salaries, expenses, and fringe benefits of administrative and engineering employees under the supervision of the drain commissioner that are directly attributable, but not incidental, to a drain or otherwise not recovered by fees established by resolution or ordinance of the board of commissioners may be chargeable charged to the drain fund of a drainage district.

Sec. 197. (1) Upon receipt of a petition filed under this chapter, the drain commissioner or the drainage board may retain the services of a licensed professional surveyor or engineer to make a survey of the drain and may review the drainage district boundaries, or a portion of the drain or drainage district, or if necessary, lay out a revised drainage district including the land benefited, or make profiles, plans, or estimates of the work and file all data concerning the revisions, profiles, plans, or estimates with the drain commissioner or the chairperson of the drainage board.

(2) If, after a survey of the drain or a review of the drainage district boundaries under subsection (1) or after an inspection under section 196, it appears that the boundaries of the drainage district should be revised, the drain commissioner for a county drain, or the drainage board for an intercounty drain, shall either convene the board of determination pursuant to subsection (4) or hold a day of review of district boundaries pursuant to subsection (5) and, after notice and review as provided in this section, revise the boundaries of the drainage district to include all lands benefited by the drain as recommended by a licensed professional surveyor or engineer.

(3) If, after an inspection under section 196 and a review of the drainage district boundaries, a drain commissioner or drainage board determines that the boundaries should be revised and that lands, in a county or counties not part of the original drainage district, should be added to the drainage district or lands in an intercounty drainage district should be removed resulting in the removal of a county from the intercounty drainage district, the drain commissioner or drainage board shall serve notice on the director of agriculture and rural development and the drain commissioner of each county where there are lands proposed to be added to or removed from the drainage district. The director of the department of agriculture and rural development shall call a meeting of the drainage board, which shall include the commissioner of each county where the drainage district or proposed revised drainage district is located. At least 10 days before the date of the meeting, the drainage board shall send notice of the meeting by first-class mail to each city, village, and township in the original or proposed revised district and each person whose name appears on the last city or township tax assessment roll as owning lands in the original or proposed revised drainage district, at the address shown on the roll. If an address does not appear on the roll, notice need not be mailed to that person. At the meeting, all persons owning lands in the drainage district or proposed revised drainage district liable to assessment for benefits, or any municipality affected, may appear for or against the addition or removal of the lands. The drainage board shall consider any evidence offered and determine whether the addition or removal of the lands is just and equitable. If the addition or removal of the lands is just and equitable, the board shall file an order to that effect. The order shall give the drain a name or number, designate the drainage district, describe the route and course of the drain and drainage district boundaries, and, if the drainage district as revised is an intercounty drainage district, designate the members constituting the revised drainage board and determine the apportionment between counties. A copy of the order shall be filed with the drain commissioner of each county liable for assessments of the drainage district. If the drainage district as revised is an intercounty drainage district, after the order is filed, the revised drainage board constitutes the drainage board for the revised drainage district and has all the powers and duties of drainage boards under this act. If the drainage district as revised is an intercounty drainage district, the revised drainage board shall revise the drainage district boundaries during the hearing of necessity as provided in subsection (4) or hold a day of review of drainage district boundaries as provided in subsection (5). If the drainage district as revised is a county drainage district, the original drainage board shall revise the drainage district boundaries during the hearing of necessity as provided in subsection (4) or hold a day of review of drainage district boundaries as provided in subsection (5) and, following the order revising the drainage district boundaries, the drain commissioner shall have all the powers and duties for a county drain established under this act.

(4) If, before the hearing of necessity for a petition, the drain commissioner or drainage board determines that the boundaries of the drainage district should be revised, the drain commissioner for a county drain, or the chairperson of the drainage board for an intercounty drain, may request that the board of determination revise the drainage district boundaries during the hearing of necessity as provided in section 72 or 122. If the board of determination by a majority vote of members finds that the addition or deletion of lands will more accurately define the boundaries of the land benefited by the drain and it would be just and equitable, the board shall describe the revised drainage district boundaries in the order of necessity for the drain.

(5) If the drain commissioner or drainage board determines to hold a day of review of drainage district boundaries, the lands comprising the drainage district revised under this section shall be subject to review for not less than 1 day from 9 a.m. until 5 p.m. The review shall be conducted at a location designated by the drain commissioner or drainage board. At the review, the drain commissioner or drainage board or its designee shall hear the proofs and allegations and shall carefully reconsider and review the description of land comprised within the drainage district. If the drain commissioner or drainage board finds that the addition or deletion of lands will more accurately define the boundaries of the land benefited by the drain and it would be just and equitable, the drain commissioner or drainage board shall issue an order describing and establishing the revised drainage district boundaries as supported by substantial, material, and competent evidence.

(6) A notice for review of revised drainage district boundaries under subsection (5) shall specify the date, time, and place at which the review will take place and provide a general description of the lands proposed in whole or in part to be added or removed from the drainage district. This notice shall be sent by first-class mail at least 10 days before the date of the review to each city, village, and township in the revised district, and each person whose name appears on the last city or township tax assessment roll as owning lands within the revised drainage district, at the address shown on the roll. If an address does not appear on the roll, then notice need not be mailed to that person. The drain commissioner or drainage board shall make an affidavit of the mailing and shall recite in the affidavit that the persons to whom the notice was mailed constitute all of the persons whose names and addresses appear on the tax rolls as owning lands within the revised drainage district. The affidavit is conclusive proof that notice was mailed to each person to whom notice is required to be mailed by this section. Failure to receive a notice by mail is not a jurisdictional defect invalidating a drain proceeding or assessment, if notice was sent by first-class mail as provided in this section. The Before January 1, 2022, the drain commissioner or chairperson of the drainage board shall also cause the notice to be published once in a newspaper of general circulation in the county or counties in which the drainage district is located at least 10 days before the review. Beginning January 1, 2022, the drain commissioner or drainage board shall also post notice of the review of drainage district boundaries as provided in the local government public notice act. All expense of notification shall be paid by the drainage district.

(7) The owner of any land in the drainage district, the state transportation department, or any city, village, township, or county having control of any highway in the drainage district, that is aggrieved by a determination to revise, or not to revise, drainage district boundaries as provided for in this section may, within 10 days after the order to revise or the decision not to revise the drainage district boundaries is entered, institute an action in the circuit court for the county in which the real property is located for a determination of whether the decision to revise, or not to revise, the drainage district boundaries is supported by substantial, material, and competent evidence. The addition or removal of a county or counties to or from the drainage district under subsection (3) is subject to review in the manner provided in section 106.

Sec. 221. (1) At the time and place established in the notice, the commissioner shall receive bids for the construction of the drain. The commissioner may, and shall for all drains having an estimated cost exceeding $5,000.00, advertise for sealed proposals, to be opened on the day of letting. All sealed proposals received by the commissioner shall be publicly opened by him or her in the meeting and may be examined at the meeting by any person interested. As soon as practical after the opening of bids for the construction of any drain, unless the commissioner rejects all proposals and readvertises as in the first instance, the commissioner shall determine the lowest responsible bidder and award contracts. , or may reject all proposals and readvertise, and in cases where If the commissioner determined determines that the taxes assessed for benefits shall be collected in more than 1 installment, the commissioner shall, subject to section 275, determine the amount, form, maturity, mandatory redemption requirements, if any, and rate of interest of bonds to be issued. In counties having a board of county auditors, drain bonds shall not be sold and drain contracts shall not be let without the written consent and approval of the board of county auditors. However, the approval of the board of county auditors is not required in proceedings relative to intercounty drains.

(2) If a contract is not let within 5 years after the date of filing the petition to locate, establish and construct, or deepen, widen, straighten, tile, extend or clean out a drain, the drain commissioner may determine that the petition shall be considered abandoned and no further action shall be taken to construct the drain. Time during which any litigation is pending to contest the validity of the proceedings shall not be counted as a part of such the 5-year period. If the drain commissioner determines the petition shall be considered abandoned, the commissioner shall issue an order to that effect. However, a determination of abandonment shall not be issued within the 5-year period. Notice Before January 1, 2022, notice of the order shall be given by publishing a notice publication in a newspaper of general circulation in the county. This section applies to all petitions that are in full force and effect on or after January 1, 1973. Beginning January 1, 2022, notice of the order shall be posted as provided in the local government public notice act.

(3) The board of county road commissioners, if authorized by a committee of commissioners appointed by the county board of commissioners, may bid for the construction, cleaning, deepening and widening of drains within the county, and, if a bid is accepted, may perform the work called for in the bid, and receive payment for the work performed. A bid tendered by a board of county road commissioners shall not be accepted unless the bid is at least 15% lower than any other bid tendered. The money received by the county road commission shall be credited to the county road fund, and expenditures incurred by the county road commission shall be proper disbursements from the county road fund.

Sec. 391. Any drain or part thereof of a drain which has ceased to be of public utility and is no longer necessary or conducive to the public health, convenience, and welfare may be declared to be abandoned and vacated in the manner herein provided in this section. Any 5 freeholders of lands in a drainage district or the governing body of any public corporation in whose limits a drain or part thereof of a drain is located may petition for the abandonment and vacation of a drain or part thereof. of the drain. The petition shall be addressed to and filed with the commissioner or drainage board having jurisdiction of such the drain. The commissioner or drainage board shall hold a meeting to hear objections to the petition and to the abandonment and vacation of a drain or part thereof therein requested, and of a drain. Before January 1, 2022, the commissioner or drainage board shall give notice of such the meeting at least 10 days before the date of the meeting by posting in 5 public places in the drainage district and by publication in a newspaper of general circulation in the drainage district. which posting and publication shall occur at least 10 days before the date of such meeting. Beginning January 1, 2022, the commissioner or drainage board shall post notice at least 10 days before the date of the meeting as provided in the local government public notice act. In addition, beginning January 1, 2022, the commissioner or drainage board shall mail notice of the meeting to the director of the state transportation department and the county clerk and board of county road commissioners of each county and the clerk of each city, village, or township in which all or part of the drainage district is located, at least 10 days before the date of the meeting. Private rights of persons acquired by reason of the establishment and construction of such a drain or part thereof of a drain shall not be interfered with , or in any way be impaired by such abandonment and vacation. If it is determined at such a meeting that the drain or part thereof of the drain should be abandoned and vacated, the commissioner or drainage board shall issue an order to that effect and file the same order with the commissioner of the county or counties involved. Easements or rights-of-way for the drain or part thereof of the drain abandoned and vacated or easements or portions thereof no longer necessary for drainage purposes shall be conveyed or released by the commissioner or drainage board on behalf of the drainage district. If it be contemplated to construct a A new drain or part thereof of a drain may be constructed on or near the line of an existing drain or part thereof of a drain, this may be accomplished without abandonment and vacation of the existing drain or part thereof of the drain, and using the easements or rights-of-way of the existing drain or part thereof may be used of the drain for this purpose. : Provided, however, That However, if the contemplated project will materially damages damage the property owner beyond the existing easement , or if it materially burdens burden the existing easement, then the commissioner or drainage board shall secure an additional easement for the contemplated project. It shall is not be necessary to abandon and vacate an existing drain or part thereof of the drain made unnecessary by a new drain or part thereof of the drain until the new drain is constructed and ready for service.

Sec. 393. Upon receiving such the money, and the accompanying statement, if required to be furnished, hereby, the township treasurer shall give his or her receipt therefor to the county treasurer. He or she shall also serve notice upon each person, firm, or corporation who, as shown by the records of his or her office, shall have has paid a special tax assessment for benefits received or to be received from the construction of such the drain, that such the drain has been declared vacated and abandoned and that the payment as aforesaid of the special tax has been made to him or her by the county treasurer. Similar The notice shall also be served upon the township board and clerk. Before January 1, 2022, the notice shall be published for 2 successive weeks in some a newspaper published and circulating in said the county. Beginning January 1, 2022, notice shall be posted as provided in the local government public notice act. Thereupon, every such person, firm, or corporation shall be is entitled to demand and receive from said the township treasurer the amount of the special assessment that such the person, firm, or corporation may have so paid. The amount of the special tax for the construction of such the drain that may have been assessed and collected from the township at large shall be credited to and paid into the contingency fund in the township treasury. : Provided, however, That However, if the amount of money paid over to the township treasurer by the county treasurer in the manner aforesaid as described in this section is less than the aggregate amount of special assessments levied and collected in such the township for the construction of such the drain and the tax levied and collected upon and from the township at large, then the township treasurer shall prorate the payments to each such person, firm, or corporation and the amount to be paid into the general fund in the township treasury; and each such person, firm, or corporation and the contingency fund in the township treasury shall be is entitled to receive such a proportion of the amount of the special assessment or tax paid thereby as the amount of money paid to the township treasurer by the county treasurer shall bear bears to the total amount of special assessments and taxes levied and collected in said the township and paid into the fund for the construction of said the drain.

Sec. 424. (1) Whenever a disposal plant, filtration plant, or other mechanical device to purify the flow of such drain or sewer has been heretofore constructed, but is inoperative or improperly operated and, in the opinion of the state commissioner of director of the department of health and human services, the public health is consequently endangered, by reason thereof, said state commissioner of the director of the department of health and human services may file with the judge of probate of the county in which said the facilities are located , a petition reciting his or her findings and recommendations as to how the menace endangerment to health may be corrected or the nuisance may best be abated and how the improperly operated or inoperative disposal plant, filtration plant, or other mechanical device to purify the flow of a drain or sewer should be repaired, maintained, and operated. Upon satisfying himself as to the reasonableness of said If the judge of probate finds that the recommendations are reasonable, it shall be the duty of the judge of probate of said county to shall direct the drain commissioner of said the county to prepare a plan for and estimate the annual cost of executing the recommendations of the state commissioner of director of the department of health and human services, and/or of rehabilitation, ordinary maintenance and operation of said improperly operated or inoperative facilities, to prepare a map showing the extent of the area contributing to said the condition, and to make a determination of the annual expense thereof apportioned according to benefits to the state highways, cities, villages, and townships benefited. by the same. Upon receipt of the map, tentative assessment district, and other information from the county drain commissioner, the judge of probate shall give notice of said the facts and of the date of receiving appeals. Before January 1, 2022, notice shall be given by publication in at least 2 insertions in some a newspaper published and of general circulation in the county, if there be is one, the first publication to be at least 10 days before the date set for receiving appeals. and said In addition, before January 1, 2022, the notice shall also be posted at least 10 days before the date for receiving appeals in 5 or more conspicuous places in each city, village, and township, where any part of the district may be is located and within the limits of such district. Beginning January 1, 2022, notice shall be posted, at least 10 days before receiving appeals, as provided in the local government public notice act.

(2) The state highway commissioner director of the state transportation department or any city, township, or village, which may feel if aggrieved by the apportionment of benefits so made by the drain commissioner may make an application apply to said the probate court for review of the apportionment by a board of review by filing with said the probate court a notice of appeal. Only 1 board of review shall be appointed by said court. Upon receipt of any such notices of appeal, as hereinbefore provided in this section, the probate court shall forthwith notify the drain commissioner, in writing, of such the appeal and thereupon shall make an order appointing 3 disinterested freeholders of such the county, not residents of said the district, to constitute such a board of review for all the appeals. The court shall thereupon, with the concurrence of the drain commissioner, immediately fix establish the time and place when and where said the board of review shall meet to review said the apportionments, which said time shall be not less than 10 nor or more than 15 days from the date of filing such appeal.

(3) The drain commissioner shall thereupon give notice to the persons so appointed of their appointment and of the time and place of meeting and shall give serve notice of such the meeting by posting notices in at least 5 public places in each city, village and township forming a part of the drainage district and shall serve a like notice upon the director of the state highway commissioner transportation department and each of said the cities, villages, and townships. Such The service shall be made not less than 5 days before hearing. Return shall be made by the person serving said the notice and shall be filed in the office of the judge of probate. In addition, before January 1, 2022, the drain commissioner shall post notice of the meeting in at least 5 public places in each city, village, and township with territory in the drainage district. Beginning January 1, 2022, the commissioner shall post notice of the meeting as provided in the local government public notice act. At such the hearing, the board of review shall have the right and it shall be their duty to review all apportionments made by the drain commissioner. Persons appointed on said the board of review shall be sworn by the drain commissioner to faithfully discharge their duties as members of said the board.

(4) The board of review shall proceed at the time and place specified in the notice to hear the proofs and allegations of all parties in respect to the matter of appeal. A review of apportionments shall be made by the board of review and if, in their its judgment, there shall be is manifest error or inequality in such the apportionments, they it shall order and make such changes therein as they shall deem that it considers just and equitable. Determination The determination of the drain commissioner, if not appealed from, or of said the board, in case of an appeal, shall be is final and there shall be is no right of appeal from such the determination, except by writ of certiorari to the proper court. The determination shall be reduced to writing and signed by the drain commissioner, or in case of appeal, by a majority of the board making the same, determination, and shall be delivered to the judge of probate together with all other papers relating thereto. Upon When the apportionments becoming become final, as hereinbefore set forth, provided in this section, the judge of probate shall deliver said the approved roll of apportionments of benefits and expense to the drain commissioner. , who The drain commissioner shall assess the amounts therein set forth to the respective cities, villages, and townships involved. , and said The cities, villages, and townships shall thereafter make payment thereof as collected pay the amounts in quarterly installments to the county treasurer to be deposited in a separate fund for the rehabilitation, ordinary maintenance, and operation of said the facilities, which said fund shall be paid out only on the order of the drain commissioner of the county in which said the facilities are located.

(5) Payment for services and providing for substitute membership necessary on the board of review shall be in accordance with sections 158 and 159. of this act. Such necessary Necessary costs of the proceeding shall be determined by the judge of probate, said cost to be paid from the revolving fund of the county, and same to be returned to the county out of the first assessment against said the district. Immediately upon receipt of sufficient funds, so to do, the drain commissioner of the county shall proceed with the rehabilitation, ordinary maintenance, and operation of said the facilities , and shall continue the same as long as funds are available. The costs and charges hereinbefore set forth provided for in this section shall be an annual charge and shall be assessed against the state highways and the several cities, villages, and townships by said the drain commissioner each year as long as said the facility continues to be operated. , unless in the opinion of the drain commissioner, the state highway commissioner or of any of said cities, villages or townships, said apportionment should be changed, in which event either said drain commissioner, However, the director of the state highway commissioner, transportation department, or any of said the cities, villages, or townships may petition the judge of probate of the county in which said the proceedings were had for the appointment of a board of review to reapportion said the expense, and on filing said the petition, said the judge of probate shall proceed to appoint a board of review on notice and in the manner hereinbefore set forth, provided for in this section, which said board of review shall review such the assessments and make a new apportionment. : Provided, however, That However, no reapportionment shall be made oftener more often than once in each calendar year.

(6) The several cities, villages, and townships against whom an assessment is made, as hereinbefore provided for in this section, shall collect for such the expense so assessed to them under this act by charges for the use of said the facilities, to be added to and collected with the water rates of said the cities, villages, and townships, in the same manner as other water rates of said cities, villages, and townships are collected, or in such other manner as the several governing bodies of said respective cities, villages, and townships may determine.

Sec. 433. (1) An existing intracounty or intercounty drainage district may be enlarged and the drain located in the district may be extended or have branches added to provide drainage service to lands not originally within the boundaries of the drainage district by agreement between the drain commissioner or the drainage board and the owner of the lands; or if there is a developer of the lands who is not the owner, between the drain commissioner or the intercounty drainage board and the owner and the developer of the lands. The agreement shall obligate the owner and the developer, if any, of the lands to be added to the drainage district to construct, do both of the following:

(a) Construct, in accordance with plans and specifications prepared by or approved by the drain commissioner or drainage board, the necessary and adequate drainage facilities on the lands to be added and in the existing drainage district to connect the lands to the existing drain in the drainage district. and to pay

(b) Pay the cost of the drainage facilities including right of way, engineering, inspection, administration, and legal expenses incurred by the drain commissioner or the drainage board, or to deposit with the drain commissioner or drainage board, upon execution of the agreement, the estimated cost of the construction and expenses.

(2) Before any agreement is approved and executed on behalf of a drainage district by the drain commissioner or drainage board, there shall be obtained, at the expense of the owner or developer of the lands to be added, a certificate, from a registered professional engineer satisfactory to the drain commissioner or the drainage board, to the effect that the lands to be added naturally drain into the area served by the existing drain or that the existing drain is the only reasonably available outlet for the drainage from the lands to be added and that there is existing capacity in the existing drain to serve the lands to be added without detriment to or diminution of the drainage service provided or to be provided, in the foreseeable future, to the area in the existing drainage district. If the existing drain in the existing drainage district has been financed by the levy of drain special assessments on the lands in the drainage district and if the basis of special assessment as applied to the lands to be added to the drainage district would result in a drain special assessment on the lands to be added in an aggregate principal amount greater than the costs and expenses to be paid or incurred by the owner and developer, if any, of the lands for the new drain facilities at the time of entering into the agreement, then the owner or developer shall also pay the amount of the excess to the drainage district at the time of execution of the agreement. In addition, the developer or owner of the added lands shall pay a pro rata equitable share of the cost of the original construction of the drain, if any.

(3) Lands added to any drainage district by agreement shall be liable from and after the date of agreement for all assessments levied after the date of the agreement for operation and maintenance of the drain, including the extension of the drain pursuant to the agreement, and the lands shall be a part of the drainage district for all other purposes and procedures set forth in this act. All drain facilities and all rights of way, easements, or property in which the facilities are located, acquired, or constructed pursuant to the agreement to add lands shall be dedicated to public use or conveyed or transferred to the drainage district and the drain facilities shall be a part of the drain the same as if originally located, established, and constructed by procedures set forth in this act as a part of the original drain.

(4) An existing intracounty or intercounty drain may be extended or have branches added to provide additional service to lands within the drainage district by agreement between the drain commissioner or the drainage board and the owner of the lands; or if there is a developer of the lands who is not the owner, between the drain commissioner or the drainage board and the owner and the developer of the lands, pursuant to the procedures and conditions set forth in this section. The affected public corporations or municipalities in which the proposed lands are to be added will shall be apprised of the agreement by the drain commissioner or drainage board and who by certified mail. Before January 1, 2022, the drain commissioner or drainage board shall also publish notice of the agreement in a newspaper of general circulation in the drainage district. in question.Beginning January 1, 2022, the drain commissioner or drainage board shall post notice of the agreement as provided in the local government public notice act.

(5) By agreement with a landowner and the developer, if any, the drain commissioner or intercounty drainage board may establish an existing private drain which was constructed by the landowner or developer to service an area on his or her own land as a county or intercounty drain.

(6) If a drain established pursuant to subsection (5) adds lands to an existing drainage district, the provisions of subsections (2) and (3) shall apply.

(7) If a drain established pursuant to subsection (5) is independent from an existing drainage district, a certificate shall be obtained, at the expense of the landowner or developer of the lands served by the proposed drain, from a registered professional engineer satisfactory to the drain commissioner or the intercounty drainage board to the effect that the outlet for the existing drain is the only reasonably available outlet for the drain and that there is sufficient capacity in the existing outlet for the proposed drain to serve as an adequate outlet without detriment to or diminution of the drainage service which the outlet presently provides. All drain facilities and all rights of way, easements, or property in which the facilities are located, acquired, or constructed pursuant to the agreement to establish the drain shall be dedicated to public use or conveyed or transferred to the drainage district and the drain facilities and drainage district shall be an established drain and drainage district the same as if originally laid out and designated, located, established, and constructed by procedures set forth in under this act. All plans and specifications, including a map and a description of the drainage district, pertaining to the private drain as may be required by the drain commissioner or intercounty drainage board shall be furnished to the drain commissioner or intercounty drainage board.

(8) The landowner or developer who transfers a drain pursuant to subsection (5) shall deposit with the drain commissioner or drainage board 5% of the cost of the drain but not more than $2,500.00. The money received by the drain commissioner or intercounty drainage board pursuant to this subsection shall be deposited in a special drain fund which shall be used for the future maintenance of the transferred drain.

Sec. 441. (1) Two or more drainage districts located in the same county and in the same drainage basin or in adjoining basins , may consolidate and organize as a single drainage district upon the filing of a petition for consolidation with the drain commissioner of the county setting forth the reason for the proposed consolidation. The consolidation may include land not within an existing drainage district if requested in the petition. The petition shall be signed by at least 50 property owners within the proposed consolidated drainage district. If in the proposed consolidated drainage district there are less fewer than 100 property owners, the petition shall be signed by at least 50% of the property owners in the proposed consolidated drainage district. In place of a petition Instead of being signed by property owners, a petition may be signed solely by a city or township a portion of which is located within the proposed consolidated drainage district, when authorized by its governing body, or by a combination of municipalities. As soon as practicable after the filing of a petition, the drain commissioner, if not disqualified under section 381, may appoint a board of determination composed of 3 disinterested property owners to determine the necessity of the consolidation. If the commissioner is disqualified or chooses not to appoint the board of determination, the commissioner shall immediately file a copy of the petition with the chairperson of the county board of commissioners, together with a statement signed by the commissioner showing that he or she is disqualified or chooses not to act in appointing a board of determination. Upon receiving a copy of the petition and certificate, the chairperson of the county board of commissioners, if not privately interested, shall appoint as soon as practicable a board of determination and shall immediately notify the drain commissioner of the names and addresses of those appointed. If the chairperson of the county board of commissioners has a private interest in the proceedings, the drain committee of the county board of commissioners shall appoint the board of determination. Members of a board of determination shall be residents of the county but not of the proposed consolidated drainage district or of a drainage district a part of which is to be included in the proposed consolidation. A meeting of the board of determination shall be called within the proposed consolidated drainage district at some convenient place to be designated by the drain commissioner. If a person appointed to the board of determination fails or refuses to serve, a successor shall be appointed by the official or committee making the appointment in the first instance. The compensation of a member of the board of determination shall be $8.00 per day with no additional allowance for mileage. The county board of commissioners of a county may increase the per diem compensation of members of the board of determination.

(2) The drain commissioner shall give notice of the time, date, and place of the meeting in the manner prescribed by Act No. 267 of the Public Acts of 1976 the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and, before January 1, 2022, by publication twice in a newspaper of general circulation in the county or a newspaper of general circulation in the proposed consolidated drainage district, the first publication of which shall be at least 10 days before the meeting. Beginning January 1, 2022, the drain commissioner shall post notice at least 10 days before the meeting as provided in the local government public notice act. Notices shall also be served on provided to the county clerk and the clerk of each township or city in the proposed consolidated drainage district, personally or by registered by certified mail at least 10 days before the meeting. The drain commissioner shall also send notice by first-class mail of the time, date, and place of the meeting at least 10 days before the date of the meeting to each person whose name appears on the last city or township tax assessment roll as owning land within the existing drainage districts, a portion of which is proposed to be consolidated, or owning lands within the proposed consolidated drainage district whose land is but not within an existing drainage district, at the address shown on the roll. If an address does not appear on the roll, then a notice need not be mailed to those persons. The drain commissioner shall make an affidavit of the mailing and shall recite in the affidavit that the persons to whom the notice was mailed constitute all of the persons to whom notice must be sent. The affidavit shall be is conclusive proof that notice was mailed to each person to whom notice is required to be mailed by this section. The failure to receive a notice by mail shall does not constitute a jurisdictional defect invalidating a drain proceeding if notice has been sent by first-class mail as provided in this section. All expense of notification shall be paid by the drainage district when created.

(3) At the time and place fixed specified in the notice, the board shall meet, elect a chairperson and a secretary, and proceed to determine whether the proposed consolidation is conducive to public health, convenience, or welfare. After hearing the evidence, the board shall make its determination as to whether the proposed consolidation is conducive to public health, convenience, or welfare. If the board finds by a majority vote of the members that the proposed consolidation is not conducive to public health, convenience, or welfare, it shall file with the commissioner an order dismissing the petition, and a further petition for the drain shall not be entertained within 1 year after the determination. If the board by a majority vote finds that the proposed consolidation is conducive to the public health, convenience, or welfare, it shall make its order to that effect and file the order with the commissioner. Upon receipt of the order of consolidation, the commissioner shall enter an order giving the consolidated drainage district a name or number.

Sec. 441a. (1) Two or more drainage districts may be consolidated and organized as a single drainage district under this section where the proposed consolidated district lies within more than 1 county, by filing a petition in writing with the commissioner of a county having jurisdiction of land in the proposed consolidated drainage district, setting forth the reason for the proposed consolidation. The consolidation may include land not within an existing drainage district if requested in the petition. The petition shall be signed by at least 50 property owners within the proposed consolidated drainage district. If in the proposed consolidated drainage district there are less fewer than 100 property owners, then the petition shall be signed by at least 50% of the property owners in the proposed consolidated drainage district. In place of a petition Instead of being signed by property owners, a petition may be signed solely by a city or township a portion of which is located within the proposed consolidated drainage district, when authorized by its governing body, or by a combination of municipalities. Upon receipt of the petition, the commissioner shall notify the director of the department of agriculture and rural development and the commissioner of each county embracing land in within which the proposed consolidated drainage district is located. The drain commissioners of the counties and the director of the department of agriculture and rural development or a deputy designated by the director shall constitute the drainage board.

(2) The director of the department of agriculture and rural development shall call a meeting of the drainage board not less than 15 days or more than 60 days after the receipt of the notice. The meeting shall be held in the immediate locality of the proposed consolidated drainage district. Notice of the meeting shall be served personally or by registered provided, by certified mail , at least 10 days before the meeting, on to the clerk of each county, township, and city within the proposed consolidated drainage district. A notice of the meeting shall be given in the manner prescribed by Act No. 267 of the Public Acts of 1976, the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and, before January 1, 2022, shall be published twice in each county affected in a newspaper of general circulation in the county or in a newspaper of general circulation in the proposed consolidated drainage district. , the The first publication of which shall be at least 10 days before the meeting. Beginning January 1, 2022, notice shall be posted in each county in which the proposed consolidated drainage district is located at least 10 days before the meeting as provided in the local government public notice act. The drain commissioner of each county in which land proposed to be consolidated into the proposed consolidated district is located shall also send notice of the time, date, and place of the meeting by first-class mail, at least 10 days before the date of the meeting, to each person whose name appears upon the last city or township tax assessment roll as owning land within the existing drainage districts to be consolidated, or owning land within the proposed consolidated drainage district which is not within an existing drainage district, at the address shown on the roll. If an address does not appear on the roll, a notice need not be mailed to the persons. Each drain commissioner shall make an affidavit of the mailing and shall recite in the affidavit that the persons to whom the notice was mailed constitute all of the persons to whom notice must be sent. The affidavits shall be are conclusive proof that notice was mailed to each person to whom notice is required to be mailed by this section. The failure to receive notice by mail shall does not constitute a jurisdictional defect invalidating a drain proceeding, if notice has been sent by first-class mail as provided in this section. All expense of notification shall be paid by the drainage district when created or consolidated.

(3) Upon convening the meeting, the director of the department of agriculture and rural development or a deputy selected by the director shall act as chairperson. The drainage board shall consider the application for the proposed consolidated drainage district , and determine the sufficiency of the signatures to the application. The drainage board shall then proceed to determine whether the proposed consolidation is conducive to public health, convenience, or welfare. After hearing the evidence, the drainage board shall make its determination as to whether the proposed consolidation is conducive to public health, convenience, or welfare. If the board finds by a majority vote of the members that the proposed consolidation is not conducive to public health, convenience, or welfare, it shall file with the chairperson an order dismissing the petition, and a further petition for consolidation shall not be entertained within 1 year after the determination. If the board by a majority vote finds that the proposed consolidation is conducive to the public health, convenience, or welfare, it shall make its order to that effect and file the order with the chairperson. Upon receipt of the order of consolidation, the chairperson shall enter an order giving the consolidated drainage district a name or number. A copy of the order shall be filed within 10 days by the director of the department of agriculture and rural development in the office of the county drain commissioner of each county in which land included in the consolidated drainage district is located.

Sec. 467. (1) The drainage board, at its first meeting, shall consider the petition for the project and make a tentative determination as to the sufficiency of the petition and the practicability of the proposed drain, and shall further make a tentative determination of the public corporations to be assessed. The drainage board shall give a name to the drain and to the drainage district. The district shall be composed of the public corporations to be assessed for the cost of the project.

(2) After the drainage board has made the determination, it shall fix establish a time, date, and place it will meet to hear objections to the proposed drain and the petition for the drain, and to the matter of assessing the cost of the drain to the designated public corporations. Notice Before January 1, 2022, notice of the hearing shall be published twice in the county by inserting the notice in at least 1 newspaper published in the county, designated by the drainage board. , with the The first publication to shall be not less than 20 days before the time of the hearing. Beginning January 1, 2022, notice shall be posted not less than 20 days before the time of the hearing as provided in the local government public notice act. The notice shall also be sent by registered certified mail to the clerk or secretary of each public corporation proposed to be assessed, except that a notice to the state shall be sent to the director of the state highway director transportation department and a notice to a county shall be sent to both the county clerk and the county road commission. The mailing shall be made not less than 20 days before the time of the hearing. The notice shall be signed by the chairperson, and proof of the publication and mailing of the notice shall be filed in his or her office. The drainage board may provide a form to be substantially followed in the giving of the notice.

(3) After the hearing, the drainage board shall make a determination as to the sufficiency of the petition, the practicability of the drain, whether the drain should be constructed, and if so, the public corporations to be assessed, and shall issue its order accordingly. The order shall be known as the final order of determination.

(4) A public corporation shall not be eliminated from, or added to, those tentatively determined to be assessed without a rehearing after notice.

Sec. 469. (1) After the tentative apportionments of cost have been made, the drainage board shall set a time, date, and place it will meet and hear objections to the apportionments. Notice Before January 1, 2022, notice of the hearing shall be published twice in the county by inserting the notice in at least 1 newspaper published in the county, designated by the drainage board. , the The first publication to shall be not less than 20 days before the time of the hearing. Beginning January 1, 2022, notice shall be posted not less than 20 days before the time of the hearing as provided in the local government public notice act. The notice shall also be sent by registered certified mail to the clerk or secretary of each public corporation proposed to be assessed, except that a notice to the state shall be sent to the state highway director of the state transportation department and a notice to the county shall be sent both to the county clerk and the county road commission. The mailing shall be made not less than 20 days before the time of hearing. The notice shall be signed by the chairperson, and proof of the publication and mailing of the notice shall be filed in his or her office. The drainage board may provide a form to be substantially followed in the giving of the notice. The notice shall include tentative apportionments to the several public corporations.

(2) After the hearing, the drainage board may confirm the apportionments as tentatively made, or if it considers the apportionments to be inequitable, it shall readjust the apportionments. If the readjustment involves the increasing of an assessment and an the increase shall is not be consented to by resolution of the governing body of the public corporation whose assessment was is proposed to be increased, before any readjusted apportionments are confirmed the drainage board shall set a time, date, and place for a rehearing and shall give notice of the hearing as in the first instance. The notice shall also set forth the apportionments as readjusted. After confirmation, the drainage board shall issue its order setting forth the several apportionments as confirmed. The order shall be known as the final order of apportionment.

Sec. 489a. (1) If the legislative body of a public corporation, which that is subject to assessment under this chapter pursuant to apportionments made under this chapter , determines that a part of the land in the public corporation will be especially benefited by a proposed drain project so that a special assessment, fee, or charge may be levied by the public corporation under section 490, the legislative body, before filing a petition under section 463, shall do all of the following:

(a) Send to the county drain commissioner by registered certified mail a notice of intent to file a petition under section 463. The notice shall include a request that the drain commissioner delineate a proposed drainage district.

(b) Prepare or cause to be prepared a proposed plan for financing the project.

(c) Forward by first-class mail to each person whose name and address appears on the tax rolls as owning land within the proposed district, at the address shown on the last tax assessment roll of the public corporation, a notice which contains all of the following:

(i) A general description of the proposed drain project.

(ii) Expected benefits of the proposed drain project.

(iii) Notice that the proposed project is to be fully or partly financed by special assessment against property owners within the proposed district.

(iv) A statement that alternative plans of financing the proposed project will be on the meeting agenda.

(v) Notice of the time, date, and place of a meeting to be held by the legislative body of the public corporation to hear objections to the proposed drain project or special assessment, fee, or charge to be levied under this section. Notice prescribed in this subparagraph shall be mailed not less than 10 days before the meeting, and in addition, shall be given in the manner prescribed by Act No. 267 of the Public Acts of 1976, as amended, being sections 15.261 to 15.275 of the Michigan Compiled Laws, the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and, before January 1, 2022, shall be published in a newspaper of general circulation in the public corporation. Beginning January 1, 2022, notice shall be posted as provided in the local government public notice act.

(2) The legislative body shall make an affidavit of the mailing and shall recite in the affidavit that the persons to whom the notice was mailed constitute all of the persons whose names and addresses appear upon the tax rolls as owning land within the proposed district. , which The affidavit shall be is conclusive proof that notice was mailed to each person to whom notice is required to be mailed by the terms of this section. The failure to receive a notice by mail shall does not constitute a jurisdictional defect invalidating a drain proceeding or tax, or both, if notice has been sent by first-class mail as provided in this section.

(3) The legislative body shall hold a meeting as described in subsection (1)(c)(v) (1)(c)(v) to receive information from the public on the advisability of proceeding with the proposed drain project. The meeting shall be held in the manner prescribed by Act No. 267 of the Public Acts of 1976, as amended.the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(4) The legislative body, at any time before filing a petition under section 463, may do any of the following:

(a) Determine to proceed with the proposed drain project and levy a special assessment, fee, or charge in substantially the same method as stated under section 490 and in the notices prepared and mailed pursuant to subsection (1)(c). A person whose name and address appears upon the tax rolls as owning land within the proposed district feeling aggrieved by this determination may appeal the decision of the legislative body by instituting an action in the circuit court for the county in which the real property is located. The action shall be filed by the person aggrieved within 45 days after the determination of the legislative body.

(b) Determine to proceed with the proposed drain project without levying a special assessment, fee, or charge under section 490. A person whose name and address appears upon the tax rolls as owning land within the proposed district feeling aggrieved by this determination may appeal the decision of the legislative body by instituting an action in the circuit court for the county in which the real property is located. The action shall be filed by the person aggrieved within 45 days after the determination of the legislative body.

(c) Reject or withdraw from the proposed drain project. A person whose name and address appears upon the tax rolls as owning land within the proposed district feeling aggrieved by this determination may appeal the decision of the legislative body by instituting an action in the circuit court for the county in which the real property is located. The action shall be filed by the person aggrieved within 45 days after the determination of the legislative body.

(5) The public corporation shall reimburse the county and other governmental units involved in the project for the pro rata share of any costs incurred under this section.

Sec. 519. (1) The augmented drainage board, at its first meeting, shall consider the petition for the project and make a tentative determination as to the sufficiency of the petition and the practicability of the proposed drain, and further make a tentative determination of the public corporations to be assessed. The augmented drainage board shall give a name to the drain and to the drainage district. The district shall be composed of the public corporations to be assessed for the cost of the project.

(2) If the augmented drainage board, by resolution, tentatively determines that there should be assessed a public corporation in a county other than those contained in the tentative findings of the director of the department of agriculture and rural development, further proceedings shall not be taken by the augmented drainage board, but the resolution shall have the effect of amending the preliminary finding of the director of the department of agriculture and rural development. The director of the department of agriculture and rural development shall proceed, as in the first instance, to call a new meeting of the drainage board and the augmented drainage board as enlarged by reason of the inclusion of the additional public corporations in another county.

(3) After the augmented drainage board has made the determination specified in this section, it shall fix establish a time, date, and place it will meet to hear objections to the proposed drain and the petition for the drain, and the matter of assessing the cost of the drain to the designated public corporations. Notice Before January 1, 2022, notice of the hearing shall be published twice in each county involved by inserting the notice in at least 1 newspaper published in the county, designated by the augmented drainage board. The first publication shall be made not less than 20 days before the time of hearing. Beginning January 1, 2022, notice of the hearing shall be posted in each affected county not less than 20 days before the time of the hearing as provided in the local government public notice act. The notice shall also be sent by registered certified mail to the clerk or secretary of each public corporation proposed to be assessed, except that a notice to the state shall be sent to the state highway director of the state of transportation department and a notice to a county shall be sent to both the county clerk and the county road commission. The mailing shall be made not less than 20 days before the time of hearing. The notice shall be signed by the secretary, and proof of the publication and mailing of the notice shall be filed with the secretary. The augmented drainage board may provide a form to be substantially followed in the giving of such notice.

(4) After the hearing, the augmented drainage board shall make a determination as to the sufficiency of the petition, the practicability of the drain, whether the drain should be constructed, and the public corporations to be assessed, and shall issue its order accordingly. The order shall be known as the final order of determination.

(5) A public corporation shall not be eliminated from, or added to, those tentatively determined to be assessed without a rehearing after notice. After the augmented drainage board has made the determinations further action in respect to the drain shall be taken by the drainage board. The augmented drainage board may be reconvened by its chairperson or 2 members of the board, upon notice given for the purpose of making a correction or addition to its proceedings.

Sec. 521. (1) After the tentative apportionments of cost have been made, the drainage board shall set a time, date, and place it will meet and hear objections to the apportionments. Notice Before January 1, 2022, notice of the hearing shall be published twice in each county involved by inserting the notice in at least 1 newspaper published in the county, designated by the drainage board. The first publication is to be not less than 20 days before the time of hearing. Beginning January 1, 2022, notice shall be posted not less than 20 days before the time of the hearing as provided in the local government public notice act. The notice shall also be sent by registered certified mail to the clerk or secretary of each public corporation proposed to be assessed, except that a notice to the state shall be sent to the state highway director of the state of transportation department and a notice to a county shall be sent both to the county clerk and the county road commission. The mailing shall be made not less than 20 days before the time of hearing. The notice shall be signed by the secretary, and proof of the publication and mailing of the notice shall be filed with the secretary. The drainage board may provide a form to be substantially followed in the giving of the notice. The notice shall include tentative apportionments to the several public corporations.

(2) After the hearing, the drainage board may confirm the apportionments as tentatively made, or, if it considers the apportionments to be inequitable, it shall readjust the apportionments. Before readjusted apportionments are confirmed, the drainage board shall set a time, date, and place for a rehearing and shall give notice of the hearing. The notice shall also set forth the apportionments as readjusted. It shall then issue its order setting forth the several apportionments as confirmed. The order shall be known as the final order of apportionment.

Sec. 538a. (1) If the legislative body of a public corporation which that is subject to assessment under this chapter pursuant to apportionments made under this chapter , determines that a part of the land in the public corporation will be especially benefited by a proposed drain project so that a special assessment, fee, or charge may be levied by the public corporation under section 539, the legislative body, before filing a petition under section 513, shall do all of the following:

(a) Send to the director of the department of agriculture and rural development by registered certified mail a notice of intent to file a petition under section 513. The notice shall include a request that the intercounty drainage board delineate a proposed drainage district.

(b) Prepare or cause to be prepared a proposed plan for financing the report.

(i) A general description of the proposed drain project.

(ii) Expected benefits of the proposed drain project.

(iii) Notice that the proposed project is to be fully or partly financed by special assessment against property owners within the proposed district.

(iv) A statement that alternative plans of financing the proposed project will be on the meeting agenda.

(v) Notice of the time, date, and place of a meeting to be held by the legislative body of the public corporation to hear objections to the proposed drain project or special assessment, fee, or charge to be levied under this section. Notice prescribed in this subparagraph shall be mailed not less than 10 days before the meeting, and in addition, shall be given in the manner prescribed by Act No. 267 of the Public Acts of 1976, as amended, the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and, before January 1, 2022, shall be published in a newspaper of general circulation in the public corporation. Beginning January 1, 2022, notice prescribed in this subparagraph shall be posted as provided in the local government public notice act.

(3) The legislative body shall hold a meeting as described in subsection 1(c)(v) (1)(c)(v) to receive information from the public on the advisability of proceeding with the proposed drain project. The meeting shall be held in the manner prescribed by Act No. 267 of the Public Acts of 1976, as amended.the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(4) The legislative body, at any time before filing a petition under section 513, may do any of the following:

(a) Determine to proceed with the proposed drain project and levy a special assessment, fee, or charge in substantially the same method as stated under section 539 and in the notices prepared and mailed pursuant to subsection (1)(c). A person whose name and address appears upon the tax rolls as owning land within the proposed district feeling aggrieved by this determination may appeal the decision of the legislative body by instituting an action in the circuit court for the county in which the real property is located. The action shall be filed by the person aggrieved within 45 days after the determination of the legislative body.

(b) Determine to proceed with the proposed drain project without levying a special assessment, fee, or charge under section 539. A person whose name and address appears upon the tax rolls as owning land within the proposed district feeling aggrieved by this determination may appeal the decision of the legislative body by instituting an action in the circuit court for the county in which the real property is located. The action shall be filed by the person aggrieved within 45 days after the determination of the legislative body.

(5) The public corporation shall reimburse the county and other governmental units involved in the project for the pro rata share of any costs incurred under this section.

Sec. 558. The water management board shall fix establish a time, date, and place it will meet to hear objections to the proposed project, the petition for the project, and to the assessments of costs as contained in the tentative determination of the commission. Notice Before January 1, 2022, notice of the hearing shall be published twice in each county involved by inserting the notice in at least 1 newspaper designated by the board and published and circulated in the county. The first publication under this section shall be not less than 20 days before the time of hearing. Beginning January 1, 2022, notice shall be posted not less than 20 days before the time of the hearing as provided in the local government public notice act. Notice shall also be sent by registered certified mail to the clerk or secretary of each public corporation proposed to be assessed, except that a notice to the state shall be sent to the director of the state highway director transportation department and the director of the department of natural resouces resources and a notice to a county shall be sent to both the county clerk and the county road commission. The mailing shall be made not less than 20 days before the time of the hearing. The notice shall be signed by the secretary of the board, and proof of the publication and mailing of the notice shall be filed with the secretary. The board may provide a form to be substantially followed in the giving of the notice. After the hearing, the board shall made make a preliminary determination as to the sufficiency of the petition, the necessity and practicability of the project, whether the project should be undertaken, and the public corporations to be assessed, and shall issue a preliminary order accordingly. The order shall be known as the preliminary order of determination. A public corporation shall not be eliminated from, or added to, those tentatively determined to be assessed without a rehearing after notice, except as provided in section 559.

Sec. 562. After the tentative apportionments of costs have been made, the board shall set a time, date, and place it will meet and hear objections to the apportionments. Notice Before January 1, 2022, notice of the hearing shall be published twice in each county involved by inserting the notice in at least 1 newspaper designated by the board and published in the county. The first publication is to under this section shall be not less than 20 days before the time of hearing. Beginning January 1, 2022, notice shall be posted not less than 20 days before the time of the hearing as provided in the local government public notice act. The notice shall also be sent by registered certified mail to the clerk or secretary of each public corporation proposed to be assessed, except that a notice to the state shall be sent to the state highway director of the state transportation department and the director of the department of natural resources and a notice to a county shall be sent both to the county clerk and the county road commission. The mailing shall be made not less than 20 days before the time of the hearing. The notice shall be signed by the secretary, and proof of the publication and mailing of the notice shall be filed with the secretary. The board may provide a form to be substantially followed in the giving of the notice. The notice shall include tentative apportionments to the several public corporations. After the hearing, the board shall make a written report of its findings on the apportionments to the commission, which may either confirm the apportionments as tentatively made or may recommend readjustments of any apportionments considered inequitable.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6440 (request no. 02449'19) of the 100th Legislature is enacted into law.