MODIFY ADOPT-A-RIVER, SHORELINE H.B. 5155 & 5156:
SUMMARY OF HOUSE-PASSED BILL
IN COMMITTEE
House Bills 5155 and 5156 (as passed by the House)
Sponsor: Representative Kimberly LaSata
House Committee: Tourism and Outdoor Recreation
Senate Committee: Outdoor Recreation and Tourism
CONTENT
House Bills 5155 and 5156 would amend Part 359 (Adopt-A-River Program) and Part 358 (Adopt-A-Shoreline Program), respectively, of the Natural Resources and Environmental Protection Act to do the following:
-- Require the Department of Natural Resources (DNR) to administer the Adopt-A-River and Adopt-A-Shoreline Programs to remove litter from rivers and riverbanks, and shorelines, within State parks and State recreation areas.
-- Specify that a volunteer group's request for a specific segment of the river or stream, or shoreline, would be subject to the approval of the State park or recreation area manager or supervisor.
-- Modify the requirements for specification of a volunteer group's duties within a volunteer group agreement; and delete requirements that a group contract to care for a river or stream, or shoreline, segment for at least two years.
-- Eliminate provisions requiring the DNR to provide volunteer groups with data information sheets to record the types of trash collected during the groups' cleanup effort.
-- State that Parts 359 and 358, or an agreement under those parts, could not be construed to prohibit a cleanup effort from being conducted on any State land.
In addition, House Bill 5155 would repeal Section 35904 and House Bill 5156 would repeal Section 35804, which require the Department to report annually to the standing committees of the Legislature that consider issues pertaining to the protection of natural resources and the environment on the implementation of the Adopt-A-River Program and the Adopt-A-Shoreline Program, respectively.
Each bill would take effect 90 days after its enactment.
General Purpose
Under the Parts 359 and 358 of the Act, respectively, the DNR must administer an Adopt-A-River Program and an Adopt-A-Shoreline Program to remove litter from and to beautify the State's rivers and public land along the rivers, and State-owned land along the State's shoreline. Under the bills, instead these programs would have to be administered to remove litter from rivers and riverbanks, and from shorelines, within State parks and State recreation areas.
Volunteer Group Agreements
The Act permits the DNR to enter into agreements with volunteer groups to implement the
Programs. Agreements with volunteer groups must include identification of the designated river or stream segment, or shoreline or shoreline segment. A volunteer group may request a specific segment of the river or stream, or shoreline, it wishes to adopt. Under the bills, this request would be subject to the approval of the State park or recreation area manager or supervisor.
In assisting volunteer groups in selecting sections of a river or stream, or shoreline, the DNR must cooperate with affected Federal, State, and local management agencies, nonprofit organizations, and private landowners. Under the bills, the DNR would have to assist volunteer groups to select sections of a river or stream, or shoreline, and to identify necessary permits and other authorizations, in cooperation with affected Federal, State, and local management agencies, nonprofit organizations, and private landowners.
An agreement with a volunteer group also must include the following:
-- Specification of the volunteer group's duties, which must involve the removal of litter along the designated river or stream, or shoreline, segment at least once each year.
-- Specification of the group's responsibilities, including an agreement to abide by all rules related to the Program that are adopted by the DNR.
-- A specific designation of the length of time the group contracts to care for the designated river or stream, or shoreline, segment, which must be at least two years.
Under the bills, instead, an agreement with a volunteer group would have to include specification of the group's duties, which would have to include both of the following:
-- Removal of litter along the designated river or stream, or shoreline, segment at least once each year.
-- Compliance with all rules related to the Program adopted by the DNR.
The bills would eliminate the requirements that an agreement specify the length of time the volunteer group will care for the river or stream, or shoreline, and that the length of time be at least two years.
Elimination of Data Information Sheets
Parts 359 and 358 require the DNR to provide a volunteer group conducting a litter cleanup effort with data information sheets and request that the group record on them the types of trash collected during its cleanup effort. The DNR must request the data information to be forwarded to it upon completion. The DNR also must compile information obtained from the data information sheets and include it in an annual report on implementation of the Programs to the standing committees of the Legislature that primarily consider issues pertaining to the protection of natural resources and the environment.
The bills would eliminate these requirements.
MCL 324.35901 & 324.35903 (H.B. 5155) Legislative Analyst: Jeff Mann
324.35801 & 324.35803 (H.B. 5156)
FISCAL IMPACT
The bills would have a small, but potentially positive fiscal impact on the Department of Natural Resources, and no fiscal impact on local units of government. The bills would remove requirements that the DNR provide and collect data information sheets to and from volunteer
groups that participate in the Adopt-a-River and Adopt-a-Shoreline Programs. This could produce some small savings in administrative costs to those Programs.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.