Bill Text: MI SB1136 | 2017-2018 | 99th Legislature | Engrossed
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-Engrossed.html
SB-1136, As Passed House, December 21, 2018
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 1136
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 using chemical, physical, or biological methods, or a
combination of these methods. A grant may include funding for costs
associated with preparation of a vegetation management plan,
required monitoring, and any necessary permit fees associated with
the eligible project.
(2) An eligible applicant must meet both of the following
requirements:
(a) Be a legally constituted lake association or nonprofit
organization, property owners association, homeowners association,
lake board, or special assessment district.
(b) Have demonstrated that a permit from the department is in
effect to conduct the control or eradication activities included in
the eligible project.
(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 has vegetation management goals created by a
licensed commercial applicator or lake manager.
(c) All survey, control, eradication, and documentation
activities have been completed by a qualified scientist,
technician, licensed commercial aquatic applicator, or university
representative.
(d) All control or eradication activities use best management
practices.
(e) The project utilizes products approved or authorized by
the United States Environmental Protection Agency, the department,
or the department of agriculture and rural development for control
or eradication activities.
(4) The department shall issue grants considering the
following
statewide priorities:
(a) Permit fees associated with an eligible project.
(b) Eligible projects to manage pioneer infestations of inland
lake aquatic invasive plant species.
(c) Eligible projects to prevent or control the further spread
of inland lake aquatic invasive plant species.
(d) Eligible 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 special
consideration for approval in the following year.
(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 July 1. By September 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 the following:
(a) Inland lake aquatic invasive plant species control or
eradication grants.
(b) Grant administration, in an amount not to exceed 3% of
annual available funding.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
