May 23, 2006, Introduced by Senator THOMAS and referred to the Committee on Transportation.
A bill to create the Michigan border development and
protection authority; to prescribe the powers and duties of the
authority; to provide for certain regulations at border crossings;
and to provide for certain fees.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"Michigan border development and protection authority act".
Sec. 2. As used in this act:
(a) "Authority" means the border development and protection
authority created under section 3.
(b) "Bond" means any bonds, notes, or other obligations.
(c) "Bondholder" means a person who is the owner of a bond,
regardless of whether the bond is registered.
(d) "Mortgage" means a mortgage or a mortgage and deed of
trust or the pledge and hypothecation of any assets as collateral
security.
(e) "Port of entry" means any international port of entry in
Michigan at which customs services are provided by the United
States customs service.
(f) "Project" means any land or building or any other
improvements acquired as a part of a port of entry or associated
with a port of entry or to aid commerce, and all real and personal
property considered necessary, whether or not now in existence,
that is suitable for use by 1 or more of the following:
(i) A port of entry, a foreign trade zone, and other facilities
to be used by any agency or entity of the United States government
or by any other foreign international state or local public agency
or entity at the port of entry or foreign trade zone.
(ii) An industry for the manufacturing, processing, or
assembling of any agricultural, mining, or manufactured product.
(iii) A railroad switching yard, railroad station, bus terminal,
airport, or other passenger, commuter, or mass transportation
system or freight transportation system.
(iv) A commercial business or other enterprise engaged in
storing, warehousing, distributing, or selling products of
manufacturing, agriculture, mining, or related industries, not
including facilities designed for the distribution to the public of
electricity or gas.
(v) An enterprise in which all or part of the activities of
the enterprise involve supplying services to the general public or
to governmental agencies or to a specific industry or customer.
(vi) Any industrial, commercial, agricultural, professional, or
other business enterprise seeking to occupy office space.
(vii) Infrastructure development involving acquiring,
repairing, improving, or maintaining storm sewers and other
drainage improvements, sanitary sewers, sewage treatment, or water
utilities, including acquiring rights-of-way or water rights.
(viii) Infrastructure development involving reconstructing,
resurfacing, maintaining, repairing, or improving existing alleys,
streets, roads, or bridges or laying off, opening, constructing, or
acquiring new alleys, streets, roads, or bridges, including
acquiring rights-of-way.
(ix) Any industry that involves any water distribution or
irrigation system, including pumps, distribution lines,
transmission lines, fences, dams, and similar facilities and
equipment, including acquiring rights-of-way.
(x) Fire protection services or equipment or police protection
services or equipment.
(g) "Property" means land, improvements to the land, buildings
and improvements to the buildings, machinery and equipment of any
kind necessary to the project, operating capital, and any other
personal properties considered necessary in connection with the
project.
Sec. 3. (1) The Michigan border development and protection
authority is created within the state transportation department.
(2) The authority shall be made up of the following members:
(a) The president and CEO of the Michigan economic development
corporation.
(b) The director of the state transportation department.
(c) The director of the department of environmental quality.
(d) The director of the department of state police.
(e) The director of the department of labor and economic
growth.
(f) Two individuals who are residents of the state appointed
by the senate majority leader.
(g) Two individuals who are residents of the state appointed
by the speaker of the house of representatives.
(h) The following individuals appointed by the governor:
(i) One individual representing commerce.
(ii) One individual representing transportation.
(iii) One individual representing border operators.
(iv) Three individuals who live within 3 miles of an
international border crossing but not from the same area of the
state.
Sec. 4. (1) The authority shall have and exercise all of the
following powers and duties:
(a) Advise the governor and appropriate state agencies on
methods, proposals, programs, and initiatives involving the
Michigan-Canada border area that may further stimulate the border
economy and provide additional employment opportunities for
Michigan.
(b) Create avenues of communication between Michigan and
Ontario and the federal government of Canada concerning economic
development, trade and commerce, transportation, and industrial
affairs in border communities.
(c) Perform, or cause to be performed, environmental,
transportation, communication, land use, and other technical
studies necessary or advisable for projects or programs or to
secure port-of-entry approval by the United States and the Canadian
governments and other appropriate governmental agencies.
(d) Promote legislation that will further the goals of the
authority and development of the border region.
(e) Perform, or cause to be performed, traffic studies of
border communities and ensure border-related traffic is managed in
a way that minimizes impacts to the adjacent community.
(f) Study, promote, or cause to be implemented economic
development projects in border crossing communities.
(g) Advise the governor and appropriate state agencies
regarding any new port of entry into Michigan constructed or
financed by a political subdivision or private entity. An entity
proposing a new port of entry shall submit to the authority a
report that details the feasibility, location, economic effect, and
environmental impact of the proposed port of entry and any other
information the authority may require. A new port of entry shall
not be constructed without the approval of the authority.
(h) Promulgate rules under the administrative procedures act
of 1969, 1969 PA 306, MCL 24.201 to 24.328, necessary to implement
and administer this act.
(i) Initiate, develop, acquire, own, construct, and maintain
border development projects.
(j) Perform environmental impact studies.
(k) Enforce all applicable state and federal hazardous waste
transport regulations related to border crossings, regardless if
private or public, through the Michigan state police or the
appropriate agency.
(l) Ensure appropriate signage on all state highways directing
vehicles with hazardous waste to appropriate crossings.
(m) Require local governments' building inspection authorities
and the state fire marshal to perform as otherwise provided by law
annual inspections of border crossings to ensure structural safety.
(n) Regulate the tolls levied at border crossings.
(2) In determining whether to approve construction of the new
border crossing under subsection (1)(g), the authority shall
consider all of the following:
(a) The financial resources available to the political
subdivision or private entity for construction of the border
crossing.
(b) Whether the revenue to be generated by the border crossing
is sufficient to finance the planning, design, construction,
operation, and maintenance of the bridge.
(c) Whether the construction of the border crossing is
consistent with the transportation plan adopted by the state and,
if appropriate, by the regional planning organization with
jurisdiction over the border crossing.
(d) The potential effect of the border crossing on any of the
following:
(i) The economy of the region in which the border crossing is
to be located.
(ii) The environment of the region in which the border crossing
is to be located.
(iii) Traffic congestion and mobility.
(iv) The free flow of trade between Canada and this state.
(e) Commitments from the appropriate jurisdictions of Canada
to provide adequate approach roadways to the bridge.
(f) Compliance with all federal and state laws.
(3) In determining whether to approve the construction of the
border crossing under subsection (1)(g), the authority shall
solicit the advice of all of the following:
(a) The department of labor and economic growth.
(b) The state police.
(c) The Michigan department of environmental quality.
(d) The Michigan state historical preservation office.
(e) The Michigan department of transportation.
(f) Any other state agency the authority determines is
appropriate.
(g) Any local units of government affected by the proposed
border crossing.
Sec. 5. The authority may do 1 or more of the following:
(a) Solicit and accept federal, state, local, and private
grants of funds, property, or financial or other aid in any form
for the purpose of carrying out the provisions of this act.
(b) Act as an applicant for and operator of port of entry
facilities and, as the applicant, carry out all tasks and
functions, including acquisition by purchase or gift of any real
property necessary for port of entry facilities, acquisition by
purchase, gift, or construction of any facilities or other real or
personal property necessary for a port of entry, and filing all
necessary documents and follow-up of the filings with appropriate
agencies.
(c) As part of a port of entry, give or transfer real
property, facilities, and improvements owned by the authority to
the United States government.
(d) Acquire by construction, purchase, gift, or lease projects
that are located within the state.
(e) Sell, lease, or otherwise dispose of a project upon terms
and conditions acceptable to the authority and in the best
interests of the state.
(f) Issue revenue bonds and borrow money for the purpose of
defraying the cost of acquiring a project by purchase or
construction and to secure the payment of the bonds or repayment of
a loan.
(g) Refinance a project.
(h) Make recommendations for improvements to safeguard the
public safety and welfare, mitigate traffic, and lessen
environmental impact.
Sec. 6. (1) All border crossings will be required to apply for
an annual permit from the authority.
(2) In order to obtain or renew a border crossing permit, a
border crossing will have to provide the following information
related to its activities, finances, and performance, including any
public safety incidences at the crossing, which would include all
of the following:
(a) Audited financial statements or substantially similar
financial documents.
(b) Inspection reports.
(c) Evaluation of homeland security, hazardous waste, and
other safety factors at the crossing.
(d) Local traffic impacts of the crossing.
(e) General information on the number of vehicles crossing and
the value of trade moved across the border.
(f) Procedures and policies initiated and applied at the
border crossing that ensure the public safety and welfare.
(3) Any failure to obtain a permit or to renew an existing
permit will allow the authority to temporarily suspend operation of
the border crossing until such time as the permit can be renewed or
it can be determined that public safety can be ensured at the
border crossing.
(4) The authority may suspend operation of any border crossing
if the authority determines that the operator of the border
crossing cannot ensure the public safety.
Sec. 7. (1) The authority may levy civil and criminal
penalties, not to exceed $25,000.00 per day, if provisions of the
act are violated by any public or privately owned border crossing.
(2) In case of a determination by the authority that public
safety is in jeopardy, the authority has the power to close the
border crossing in question until the threat to public safety is
removed.
Sec. 8. Power to issue revenue bonds.
Sec. 9. The authority can levy an additional fee per vehicle
crossing either a privately or publicly owned border crossing in
addition to the tolls levied by private or public border crossings
in order to fund the oversight required by this act.