Bill Text: MI SB1136 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Natural resources; nonnative species; inland lake aquatic invasive plant species control and eradication program; establish. Amends heading of pt. 414 of 1994 PA 451 (MCL 324.101 - 324.90106) & adds secs. 41401, 41402 & 41403.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 671'18 12/31/18 Addenda [SB1136 Detail]
Download: Michigan-2017-SB1136-Introduced.html
SENATE BILL No. 1136
November 8, 2018, Introduced by Senators ROBERTSON, MEEKHOF and CASPERSON and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by amending the heading of part 414 and
by adding sections 41401, 41402, and 41403.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 414
AQUATIC INVASIVE SPECIES ADVISORY COUNCIL
Sec. 41401. As used in this part:
(a) "Aquatic invasive plant species" means an aquatic plant
species, hybrid, or genotype that is not native and whose
introduction causes, or is likely to cause, economic or
environmental harm or harm to human health.
(b) "Department" means the department of environmental
quality.
(c) "Eligible applicant" means a person that meets the
requirements under section 41402.
(d) "Eligible project" means a project that meets the
requirements under section 41402.
(e) "Fund" means the inland lake aquatic invasive plant
species control and eradication fund created in section 41403.
(f) "Grant" means an inland lake aquatic invasive plant
species control or eradication grant issued through the program.
(g) "Program" means the inland lake aquatic invasive plant
species control and eradication program established in section
41402.
Sec. 41402. (1) The department shall establish an inland lake
aquatic invasive plant species control and eradication program. The
program shall provide grants to eligible applicants for eligible
projects to control or eradicate inland lake aquatic invasive plant
species, including vegetation management plans and any necessary
permit fees associated with those projects.
(2) An eligible applicant must meet both of the following
requirements:
(a) Be a legally constituted lake association, property owners
association, homeowners association, lake board, or special
assessment district.
(b) Be eligible to receive a permit from the department to
conduct all project activities.
(3) An eligible project must meet all of the following
requirements:
(a) There is public access to the inland lake for all
activities associated with the project.
(b) The waterbody must have vegetation management goals
created by a licensed commercial applicator or lake manager.
(c) All survey, control, eradication, and documentation
activities must be completed by a qualified scientist, technician,
licensed commercial aquatic applicator, or university
representative.
(d) All control or eradication activities must use best
management practices.
(e) The products used in control or eradication activities
that are conducted shall be approved or authorized by the United
States Environmental Protection Agency and the department.
(4) The department shall issue grants to eligible applicants
for
eligible projects in the following priority order:
(a) Projects to manage pioneer infestations of inland lake
aquatic invasive plant species.
(b) Projects to prevent or control the further spread of
inland lake aquatic invasive plant species.
(c) Projects for recurring maintenance control.
(5) If an eligible applicant submits an application for an
eligible project, but does not receive a grant because of a lack of
available funds, that eligible applicant shall be given priority
for approval in the following year within the appropriate category
under subsection (4)(a) to (c) for which the grant application was
submitted.
(6) An eligible applicant that wishes to receive a grant shall
submit an application to the department containing the information
required by the department. Applications for grants shall be
submitted by February 1. By March 1, the department shall notify
each applicant whether its application has been approved. The
department may require an applicant that receives a grant to enter
into a grant agreement with the department prior to the issuance of
the grant.
Sec. 41403. (1) The inland lake aquatic invasive plant species
control and eradication fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The department shall be the administrator of the fund for
auditing purposes.
(5) The department shall expend money from the fund, upon
appropriation, only for inland lake aquatic invasive plant species
control or eradication grants.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
