SB-0070, As Passed Senate, March 15, 2005
SUBSTITUTE FOR
SENATE BILL NO. 70
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding part 360.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 360. ADOPT-A-WATERSHED PROGRAM
Sec. 36001. As used in this part:
(a) "Department" means the department of environmental quality
acting in conjunction with the department of natural resources.
(b) "Program" means an adopt-a-watershed program established
under section 36003.
(c) "Watershed" means that part of the drainage area of a body
of water located within this state.
Sec. 36002. It is the intent of the legislature to do both of
the following:
(a) Encourage the management and stewardship of natural
resources on a watershed basis, irrespective of political
boundaries.
(b) Encourage the meaningful involvement of the public in
water resource protection and restoration efforts. A watershed
approach encourages regional awareness of and support for
protection of water resources, while streamlining the workload and
saving time and money for entities involved with the protection of
water resources.
Sec. 36003. (1) The department may establish and administer a
program in compliance with this part entitled the adopt-a-watershed
program.
(2) The program shall include public informational activities,
but shall be directed primarily toward both of the following:
(a) Encouraging and facilitating the involvement of volunteer
groups in protecting bodies of water through watershed-based
cleanup, pollution prevention, and conservation activities.
(b) Assisting volunteer groups in selecting a specific
watershed in which to conduct the activities specified in
subdivision (a).
(3) The department shall administer the program in conjunction
with and in cooperation with other state programs designed to
protect water resources. In doing so, the department shall ensure
that the scope of the program does not overlap or conflict with
other similar water quality programs being administered by the
department.
(4) The department may seek funding from the United States
environmental protection agency and other available funding sources
to administer the program.
(5) The department may enter into agreements with a volunteer
groups to implement the program. An agreement with a volunteer
group shall identify the watershed and describe the
responsibilities of the volunteer group, which shall include, but
need not be limited to, all of the following:
(a) Cleanup, pollution prevention, and conservation activities
in the watershed.
(b) Programs, seminars, and other educational and promotional
activities.
(c) Environmental testing and monitoring activities in the
watershed.
(d) Fund-raising.
(6) Before a volunteer group participating in the program
conducts watershed management activities on private property, the
volunteer group shall first obtain written permission from the
owner of that property.
<<(7) A volunteer who enters on to private property with the owner's oral or written consent for the purpose of conducting watershed management activities under this part has the status of a licensee for the purposes of determining liability in the event of injury caused by a condition of the land.>>
Sec. 36004. In implementing this part, the department may
provide all of the following to volunteer groups participating in
the program:
(a) Funding.
(b) Support personnel.
(c) Environmental testing and monitoring equipment.
(d) Signs identifying the watershed and volunteer group.
(e) Training materials and other educational and promotional
material.
Sec. 36005. (1) The department shall provide volunteer groups
participating in the program with data information sheets and shall
request that the volunteer groups record on the data information
sheets information concerning the following:
(a) The specific location of the watershed.
(b) Wildlife in the watershed.
(c) Their environmental testing and monitoring activities.
(d) Their cleanup, pollution prevention, and conservation
activities.
(e) Information that may assist the department in
administering the program.
(2) The department shall compile information obtained from the
data information sheets received under subsection (1) and shall
include this information in the report prepared under section
36006.
Sec. 36006. The department shall annually prepare a report on
the implementation and progress of the program. The department
shall provide the governor, senate, and house of representatives
with a copy of the report, post the report on website, and make
copies of the report available to the public upon request.
Sec. 36007. The department may promulgate rules to implement
this part.