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.