HOUSE BILL NO. 5463

February 04, 2020, Introduced by Reps. Lilly and O'Malley and referred to the Committee on Natural Resources and Outdoor Recreation.

"Natural resources and environmental protection act,"

by amending sections 80110 and 80112 (MCL 324.80110 and 324.80112), as amended by 2006 PA 237, and by adding section 80112a.

the people of the state of michigan enact:

Sec. 80110. (1) The Except as provided under section 80112a, the department may initiate investigations an investigation and inquiries inquiry into the need for a special rules rule for the use of vessels, water skis, water sleds, aquaplanes, surfboards, or other similar contrivances on any of the waters of this state to assure compatibility of uses and to protect public safety. If the department receives a resolution pursuant to under section 80112, the department shall initiate an investigation and inquiry under this subsection.

(2) The department's investigation and inquiry under subsection (1) into whether a special rules are rule is needed on a particular water body shall must include a consideration of all of the following:

(a) Whether the activities subject to the proposed special rules rule pose any issues of safety to life or property.

(b) The profile of the water body, including local the name of the political subdivision with jurisdiction, size, geographic location, and amount of vessel traffic.

(c) The current and historical depth of the water body, including whether there is an established lake level. for the water body.

(d) Whether any identifiable special problems or conditions exist on the water body for the activities subject to the proposed special rules, rule, such as rocks, pier heads, swimming areas, public access sites, shallow waters, and submerged obstacles.

(e) Whether the proposed special rules rule would unreasonably interfere with normal navigational traffic.

(f) Whether user conflicts exist on the water body.

(g) Complaints received by local law enforcement agencies regarding activities on the water body.

(h) The status of any accidents that have occurred on the water body.

(i) Historical uses of the water body and potential future uses of the water body.

(j) Whether the water body is public or private.

(k) Whether existing law adequately regulates the activities subject to the proposed special rules.rule.

(3) Following completion of the department's investigation and inquiry under subsection (1), the department shall prepare a preliminary report that includes the department's evaluation of the items listed in subsection (2) and the department's a preliminary recommendation as to whether a special rules are rule is needed for the water body.

(4) Upon On preparation of the preliminary report under subsection (3), the department shall provide a copy of the preliminary report to the local political subdivision that has waters subject to its jurisdiction for which the proposed special rules are being considered and shall schedule a public hearing in the vicinity of the water body to gather public input on the preliminary report and the need for a special rules. Notice rule. The department shall provide notice of the public hearing shall be made in a newspaper of general circulation in the area where the water body is located, not less than 10 calendar days before the hearing. At the public hearing, any interested persons shall be afforded an opportunity to present their views person may comment on the preliminary report and the need for a special rules, rule, either orally or in writing.

(5) Within 90 days following after the public hearing under subsection (4), if the department determines that there is a need for a special rules rule is needed for the water body, the department shall propose a local ordinance or appropriate changes to a local ordinance. If the department determines that there is not a need for a special rules, rule is not needed, the department shall notify the political subdivision that has waters subject to its jurisdiction and shall provide the specific reasons for its the determination.

(6) A determination by the department under this section that there is not a need for a special rules rule is not needed for a the water body may be appealed to the commission by the political subdivision. that has waters subject to its jurisdiction. The commission shall make the final agency decision on the need for whether a special rules rule is needed for a the water body.

(7) As used in this section, "water body" includes all or a portion of a water body.

Sec. 80112. (1) Local If a political subdivisions that believe subdivision believes that a special local ordinances of the type rule authorized by under this part are is needed on waters subject to their the political subdivision's jurisdiction, the political subdivision shall inform the department and request assistance. All such requests shall Except as provided in section 80112a, a request must be in the form of an official resolution approved by a majority of the governing body of the concerned political subdivision following a public hearing on the resolution. Upon

(2) On receipt of a resolution under this section, subsection (1), the department shall proceed as required by sections 80110 and 80111.

Sec. 80112a. (1) If a political subdivision believes a temporary emergency rule is needed for the use of vessels, water skis, water sleds, aquaplanes, surfboards, or other similar contrivances on a water body subject to its jurisdiction, the political subdivision may submit an application for a temporary emergency rule to the department.

(2) An application for a temporary emergency rule under this section must contain all of the following information:

(a) The information required under section 80110(2).

(b) The circumstances that justify a temporary emergency rule rather than a special rule under section 80110.

(c) A complete list of all local regulations and rules concerning the water body and how the regulations and rules are enforced.

(d) If the temporary emergency rule is approved, how the political subdivision will provide for and fund the public notice of the temporary emergency rule, including, but not limited to, buoy placement and signage.

(e) If the temporary emergency rule is approved, how the political subdivision will enforce the temporary emergency rule.

(f) Any other information the political subdivision believes is relevant or necessary.

(3) Within 10 days after receiving an application under subsection (2), the department shall review the application and, if necessary, request additional information. If no additional information is necessary, the department shall conduct an investigation and inquiry into the need for a temporary emergency rule. If the department requests additional information, the department shall conduct an investigation and inquiry into the need for a temporary emergency rule within 10 days after receiving the additional information.

(4) Within 10 days after completing the investigation and inquiry under subsection (3), if the department determines that there is a need for a temporary emergency rule, the department shall propose a local ordinance or appropriate changes to a local ordinance. If the department determines that there is not a need for a temporary emergency rule, the department shall notify the political subdivision and provide the specific reasons for the determination.

(5) A determination under this section by the department that there is not a need for a temporary emergency rule may be appealed by the political subdivision to the commission. The commission shall make the final agency decision on the need for a temporary emergency rule.

(6) A temporary emergency rule authorized under this section expires 6 months after the department proposes a local ordinance or appropriate changes to a local ordinance under subsection (4).

(7) As used in this section, "water body" includes all or a portion of a water body.