June 16, 2011, Introduced by Senators CASPERSON, WALKER, COLBECK, CASWELL and GREEN and referred to the Committee on Energy and Technology.
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 governmental agency through a lease, easement, or
other arrangement, the department shall, upon request of a
telecommunication provider, authorize the installation of
telecommunication facilities on that land free of charge. The
authorization granted under this subsection shall be granted within
30 days and shall require all of the following:
(a) All telecommunication facilities shall be installed
underground or shall be attached to aboveground structures
consistent with subdivision (b).
(b) The use of the land for telecommunication facilities shall
not interfere with the use or uses of the rail-trail.
(c) Upon installation of the telecommunication facilities, the
land shall be restored to the condition of the land prior to the
installation.
(2) As used in this section, "telecommunication facilities"
and "telecommunication provider" mean those terms as they are
defined in section 2 of the metropolitan extension
telecommunications rights-of-way oversight act, 2002 PA 48, MCL
484.3102.