SENATE BILL NO. 123

February 10, 2021, Introduced by Senators BAYER, GEISS, POLEHANKI, BULLOCK, WOJNO, MOSS, IRWIN, ANANICH, SANTANA and BRINKS and referred to the Committee on Environmental Quality.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding sections 34301, 34305, 34307, 34309, 34311, and 34313.

the people of the state of michigan enact:

Sec. 34301. As used in this part:

(a) "Commercial or industrial riparian structure" means a dock, wharf, pier, jetty, or seawall that meets both of the following criteria:

(i) Is used for, or protects riparian property that is used for, commercial or industrial purposes.

(ii) Is not a high-risk riparian structure.

(b) "High-risk riparian structure" means a structure located on riparian property that is classified as high-risk under section 34303 and that substantially contributes to that riparian property's high-risk classification.

(c) "Owner of a riparian structure" or "owner" means a person who owns, leases, controls, operates, maintains, or manages the riparian structure.

(d) "Riparian structure" means any of the following:

(i) A high-risk riparian structure.

(ii) A commercial or industrial riparian structure.

(e) "Waters of the state" means that term as defined in section 3101.

Sec. 34305. (1) The owner of a riparian structure shall submit to the department and the municipality where the riparian structure is located reports on inspections of the riparian structure. The inspections shall be conducted and the reports prepared by an environmental consultant who is a licensed professional engineer. An inspection report shall be submitted pursuant to the schedule established under subsection (2) as follows:

(a) Not less than once every 3 years for a high-risk riparian structure.

(b) Not less than once every 5 years for a commercial or industrial riparian structure.

(2) The department shall establish an inspection schedule for riparian structures. The schedule shall commence January 1, 2022 and require submission of inspection reports for approximately 1/3 of all high-risk riparian structures and 1/5 of all commercial or industrial riparian structures each year. The department shall notify owners of riparian structures in writing when inspection reports are due.

(3) The department may require additional inspection reports following an event or change in conditions that could threaten a riparian structure.

(4) An inspection report required by this section shall include, at a minimum, all of the following:

(a) An evaluation of the riparian structure's structural integrity, taking into consideration reasonably foreseeable water levels.

(b) A determination of whether deficiencies exist that could lead to the failure of the riparian structure, including, but not limited to, the failure to prevent the release of any substance that may cause pollution of the waters of the state, if the riparian structure is designed for that purpose.

(c) Recommendations for maintenance, repair, and modifications of the riparian structure that are necessary to eliminate any deficiencies.

(5) If an inspection report under subsection (1) or (3) discloses the need, the department may require the submission of a report on a more detailed investigation or evaluation of a particular feature of a riparian structure. The investigation or evaluation shall be conducted and the report prepared by an environmental consultant who is a licensed professional engineer.

(6) If the owner of a riparian structure does not submit a report as required by subsection (1), (3), or (5), the department may arrange to have an inspection, investigation, or evaluation conducted and a report prepared. The department shall provide a copy of the report to the owner of the riparian structure and the municipality where the riparian structure is located.

(7) All inspections, investigations, and evaluations required by this section shall be conducted and all reports required by this section shall be prepared and submitted at the expense of the owner of the riparian structure. The department may recove