Bill Text: MI HB5761 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Natural resources; Great Lakes; off-shore wind development; impose moratorium under part 325 of the natural resources and environmental protection act. Amends secs. 32503 & 32512 of 1994 PA 451 (MCL 324.32503 & 324.32512).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-21 - Printed Bill Filed 01/21/2010 [HB5761 Detail]

Download: Michigan-2009-HB5761-Introduced.html

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HOUSE BILL No. 5761

 

January 20, 2010, Introduced by Rep. Hansen and referred to the Committee on Energy and Technology.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 32503 and 32512 (MCL 324.32503 and 324.32512),

 

section 32503 as amended by 2004 PA 325 and section 32512 as

 

amended by 2003 PA 14.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 32503. (1) Except as otherwise provided in this section,

 

the department, after finding that the public trust in the waters

 

will not be impaired or substantially affected, may enter into

 

agreements pertaining to waters over and the filling in of

 

submerged patented lands, or to lease or deed unpatented lands,

 

after approval of the state administrative board. Quitclaim deeds,

 

leases, or agreements covering unpatented lands may be issued or

 

entered into by the department with any person, and shall contain

 

such terms, conditions, and requirements as the department

 

determines to be just and equitable and in conformance with the

 

public trust. The department shall reserve to the state all mineral

 

rights, including, but not limited to, coal, oil, gas, sand,

 

gravel, stone, and other materials or products located or found in

 

those lands, except where lands are occupied or to be occupied for

 

residential purposes at the time of conveyance.

 

     (2) A riparian owner shall not dredge or place spoil or other

 

materials on bottomland except as authorized by a permit issued by

 

the department pursuant to part 13.

 

     (3) The department shall not enter into a lease or deed that

 

allows drilling operations beneath unpatented lands for the

 

exploration or production of oil or gas.

 

     (4) The department shall not enter into a lease or deed that

 

allows the use of unpatented lands for the siting, placement,

 

construction, operation, or maintenance of any wind turbine or any

 

equipment or structure related to a wind turbine, including, but

 

not limited, to a transmission line, unless the legislature, after

 

the enactment date of the amendatory act that added this

 

subsection, provides for a public notice and comment process,

 

permitting review criteria, and lease or deed provisions and

 

procedures applicable to the use of lands for such specific

 

purposes.

 

     (5) (4) An agreement, lease, or deed entered into under this

 

part by the department with the United States shall be entered into

 

and executed pursuant to the property rights acquisition act, 1986

 

PA 201, MCL 3.251 to 3.262.

 

     Sec. 32512. (1) Unless a permit has been granted by the

 

department or authorization has been granted by the legislature, or

 

except as to boat wells and slips facilitating private,

 

noncommercial, recreational boat use, not exceeding 50 feet in

 

length where the spoil is not disposed of below the ordinary high-

 

water mark of the body of water to which it is connected, a person

 

shall not do any of the following:

 

     (a) Construct, dredge, commence, or do any work with respect

 

to an artificial canal, channel, ditch, lagoon, pond, lake, or

 

similar waterway where the purpose is ultimate connection of the

 

waterway with any of the Great Lakes, including Lake St. Clair.

 

     (b) Connect any natural or artificially constructed waterway,

 

canal, channel, ditch, lagoon, pond, lake, or similar waterway with

 

any of the Great Lakes, including Lake St. Clair, for navigation or

 

any other purpose.

 

     (c) Dredge or place spoil or other material on bottomland.

 

     (d) Construct a marina.

 

     (2) Notwithstanding subsection (1), and with respect to lands

 

covered and affected by this part, a permit or other approval is

 

not required under this part for either of the following:

 

     (a) Until November 1, 2007, beach maintenance activities that

 

meet all of the following conditions:

 

     (i) The activities shall not occur in environmental areas and

 

shall not violate part 365 or rules promulgated under that part, or

 

the endangered species act of 1973, Public Law 93-205, 87 Stat.

 

884, or rules promulgated under that act.

 

     (ii) The width of any mowing of vegetation shall not exceed the

 

width of the riparian property or 100 feet, whichever is less.

 

     (iii) All collected debris shall be disposed of properly outside

 

of any wetland.

 

     (b) Until 3 years after the effective date of the amendatory

 

act that added this subdivision, removal of vegetation as

 

authorized in section 32516.

 

     (2) Notwithstanding subsection (1), and with respect to lands

 

covered by this part, the department shall not grant a permit for

 

the siting, placement, construction, operation, or maintenance of

 

any wind turbine or any equipment or structure related to a wind

 

turbine, including, but not limited to, a transmission line, unless

 

the legislature, after the enactment date of the amendatory act

 

that added this subsection, provides for a public notice and

 

comment process, permitting review criteria, and lease or deed

 

provisions and procedures applicable to the use of lands for such

 

specific purposes.