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State of
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JENNIFER M. GRANHOLM governor |
DEPARTMENT
OF NATURAL RESOURCES |
K. L. COOL director |
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State of
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JENNIFER M. GRANHOLM governor |
DEPARTMENT
OF NATURAL RESOURCES |
K. L. COOL director |
1. Bill Number and Sponsor:
Senate Bill No. 150
Senator Allen, et al
2. Purpose:
The purpose of Senate Bill No. 150
is to amend PA 541 by amending sections 78106, 78108, 78110, 78115, and 79112;
sections 78106, 78108, 79112, as added by 1995 PA 58 and section 78110, as
amended; and section 78115, as added by 1998 PA 210.
In general, by amending the subject
sections, colleges and universities would be allowed to participate in contracts,
grants and lease agreements as they relate to State waterways.
3. How Does This Legislation Impact Current
Programs in the Department?
The proposed
legislation impacts current programs as follows:
a)
Proposed amendments will allow competition of State waterway funds for
construction, operation and maintenance of current recreational boating
facilities.
b)
Proposed amendments will allow competition with local units of
government for harbors and boating access sites grant funds used for acquisition
or development.
4. Introduced at Agency Request?
No.
5. Agency Support?
Yes, if amended by including
language in section 78115 (3) that assures that
college and university eligibility requires the same public use and access conditions
that local governments currently must provide.
This will continue to emphasize that the Waterway Funds and Grants are
designed to benefit the public, recreational boater.
This amendment was added in Senate
Natural Resources and Environmental Affairs Committee on
6. Arguments Against
the Bill:
These funds are derived from public
boat owners and users and they should only be expended for facilities open to
the general public. It allows colleges
and universities to compete for already minimal funds available to maintain and
operate State harbors and boating access sites and also to compete against
local units of government for funds used to acquire or develop harbors or
boating access sites.
A college or university already may
enter into a cooperative agreement with a local unit of government to
participate to own or manage a harbor or boating access site. It is uncertain whether colleges or
universities have authority to adopt ordinances and enforce Marine Safety
Rules. Grants can only be given for
development if the site is owned by the college or university. It is uncertain whether existing
Administrative Rules or grant agreements can be enforced on sites owned by
universities.
7. Arguments For the
Bill:
None.
8. State Revenue/Budgetary Implications:
a)
The proposed amendments will limit funds available to maintain and
repair current harbors and boating access sites.
b)
The proposed amendments will compete directly with local units of
government for grant funds to acquire or develop harbors or boating access
sites.
c)
The proposed amendments would conflict with DMB Act 284 that promotes
competition and preference to contracting services with private companies if
the services exist in the private sector.
9. Implications to Local Units of Government:
The proposed amendments will compete
directly with limited funds available for local units of government to maintain
or operate current harbors or boating access sites.
10. Administrative
Rules Implications:
It is not certain whether the DNR
could impose Administrative Rules on the college or university if they owned
the land. This ultimately would affect
their ability to receive a grant to develop a harbor or boating access site.
Similarly, it is not certain if
different laws govern college or university-owned land and, therefore, the DNR
may not be able to grant funds for acquisition of lands if they cannot impose
standard boating rules and regulations to make the facility open to public
boaters.
11. Other
Pertinent Information:
None.
12. User
Groups/Customers That Support This Legislation:
Possibly Grand Valley State
University would consider support of this proposed legislation to allow development
of a boating access site for their research vessel. No land ownership is known.
K.
L. COOL
DIRECTOR
MICHIGAN
DEPARTMENT OF NATURAL RESOURCES
GCACS/PRB
