SB-0499, As Passed Senate, February 1, 2012

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 499

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by adding section 72116.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 72116. (1) If the state owns the land on which a rail-

 

trail is located or if the land is under the long-term control of

 

the state or a state governmental agency through a lease, easement,

 

or other arrangement, the department shall, upon application of a

 

telecommunication provider and payment of not more than $350.00 in

 

application fees, authorize the installation of telecommunication

 

facilities on that land. The authorization granted under this

 

subsection shall be granted within 45 days and shall require all of

 

the following:

 


     (a) All telecommunication facilities shall be installed

 

underground or shall be attached to existing aboveground structures

 

consistent with subdivision (c).

 

     (b) The telecommunication provider shall notify the

 

department, in writing, of the installation of the facilities and

 

the anticipated completion date of the installation not less than

 

30 days prior to beginning the installation. Within 5 days after

 

its receipt of the notification, the department shall notify the

 

telecommunication provider, in writing, of any use of the rail-

 

trail for which a permit has been issued by the department.

 

     (c) The use of the land for telecommunication facilities and

 

the installation of the facilities or any repairs to the facilities

 

shall not unreasonably interfere with the use or uses of the rail-

 

trail.

 

     (d) Following installation of the telecommunication facilities

 

or any repairs to the facilities, the land shall be reasonably

 

restored to its condition prior to the installation or repair.

 

     (e) The telecommunication provider shall pay to the department

 

a 1-time use fee of 5 cents per longitudinal linear foot of the

 

space to be occupied by the telecommunication facilities.

 

     (2) The department shall forward use fees collected under this

 

section to the state treasurer for deposit into the Michigan

 

trailway development fund created in subsection (3).

 

     (3) The Michigan trailway development fund is created within

 

the state treasury. 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. Money in the fund at the close of the fiscal year

 

shall remain in the fund and shall not lapse to the general fund.

 

The department shall be the administrator of the fund for auditing

 

purposes. The department shall expend money from the fund, upon

 

appropriation, only for grants to local units of government and

 

other organizations involved with the use of rail-trails, for the

 

development and maintenance of rail-trails for motorized and

 

nonmotorized recreational uses.

 

     (4) This section does not affect the rights and duties set

 

forth in any arrangements or agreements for the installation of

 

telecommunication facilities in a rail-trail described in

 

subsection (1) between the department and a telecommunication

 

provider entered before the effective date of the amendatory act

 

that added this section. This section does not create a right for

 

either the department or a telecommunication provider to terminate

 

any preexisting arrangements or agreements.

 

     (5) As used in this section:

 

     (a) "Fund" means the Michigan trailway development fund

 

created in subsection (3).

 

     (b) "Telecommunication facilities" means either or both of the

 

following:

 

     (i) Telecommunication facilities as defined in section 2 of the

 

metropolitan extension telecommunications rights-of-way oversight

 

act, 2002 PA 48, MCL 484.3102.

 

     (ii) Facilities used by a video service provider as defined in

 

section 1 of the uniform video services local franchise act, 2006

 


PA 480, MCL 484.3301.

 

     (c) "Telecommunication provider" means either or both of the

 

following:

 

     (i) A telecommunication provider as defined in section 2 of the

 

metropolitan extension telecommunications rights-of-way oversight

 

act, 2002 PA 48, MCL 484.3102.

 

     (ii) A video service provider as defined in section 1 of the

 

uniform video services local franchise act, 2006 PA 480, MCL

 

484.3301.