SB-1588, As Passed Senate, December 4, 2008

SENATE BILL No. 1588

November 5, 2008, Introduced by Senator GILBERT and referred to the Committee on Transportation.

A bill to amend 1951 PA 51, entitled

"An act to provide for the classification of all public roads,

streets, and highways in this state, and for the revision of that

classification and for additions to and deletions from each

classification; to set up and establish the Michigan transportation

fund; to provide for the deposits in the Michigan transportation

fund of specific taxes on motor vehicles and motor vehicle fuels;

to provide for the allocation of funds from the Michigan

transportation fund and the use and administration of the fund for

transportation purposes; to set up and establish the truck safety

fund; to provide for the allocation of funds from the truck safety

fund and administration of the fund for truck safety purposes; to

set up and establish the Michigan truck safety commission; to

establish certain standards for road contracts for certain

businesses; to provide for the continuing review of transportation

needs within the state; to authorize the state transportation

commission, counties, cities, and villages to borrow money, issue

bonds, and make pledges of funds for transportation purposes; to

authorize counties to advance funds for the payment of deficiencies

necessary for the payment of bonds issued under this act; to

provide for the limitations, payment, retirement, and security of

the bonds and pledges; to provide for appropriations and tax levies

by counties and townships for county roads; to authorize

contributions by townships for county roads; to provide for the

establishment and administration of the state trunk line fund,

local bridge fund, comprehensive transportation fund, and certain

other funds; to provide for the deposits in the state trunk line

fund, critical bridge fund, comprehensive transportation fund, and

certain other funds of money raised by specific taxes and fees; to

provide for definitions of public transportation functions and

criteria; to define the purposes for which Michigan transportation

funds may be allocated; to provide for Michigan transportation fund

grants; to provide for review and approval of transportation

programs; to provide for submission of annual legislative requests

and reports; to provide for the establishment and functions of

certain advisory entities; to provide for conditions for grants; to

provide for the issuance of bonds and notes for transportation

purposes; to provide for the powers and duties of certain state and

local agencies and officials; to provide for the making of loans

for transportation purposes by the state transportation department

and for the receipt and repayment by local units and agencies of

those loans from certain specified sources; and to repeal acts and

parts of acts,"

by amending section 10c (MCL 247.660c), as amended by 2005 PA 45.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 10c. As used in this act:

(a) "Urban or rural area" means a contiguous developed area,

including the immediate surrounding area, where transportation

services should reasonably be provided presently or in the future;

the area within the jurisdiction of an eligible authority; or for

the purpose of receiving funds for public transportation, a

contiguous developed area having a population of less than 50,000

~~population~~ that has an urban public transportation program approved

by the state transportation department and for which the state

transportation commission determines that public transportation

services should reasonably be provided presently or in the future.

(b) "Eligible authority" means an authority organized ~~pursuant~~

to under the metropolitan transportation authorities act of 1967,

1967 PA 204, MCL 124.401 to 124.426.

village or an authority created ~~pursuant to~~ under 1963 PA 55, MCL

124.351 to 124.359; the urban cooperation act of 1967, 1967 (Ex

Sess) PA 7, MCL 124.501 to 124.512; 1967 (Ex Sess) PA 8, MCL ~~124.1~~

~~to 124.13~~ 124.531 to 124.536; 1951 PA 35, MCL 124.1 to 124.13; the

public transportation authority act, 1986 PA 196, MCL 124.451 to

124.479; or the revenue bond act of 1933, 1933 PA 94, MCL 141.101

to 141.140.

(d) "Transit vehicle" means a bus, rapid transit vehicle,

railroad car, street railway car, water vehicle, taxicab, or other

type of public transportation vehicle or individual unit, whether

operated singly or in a group which provides public transportation.

(e) "Transit vehicle mile" means a transit vehicle operated

for 1 mile in public transportation service including demand

actuated and line-haul vehicle miles.

(f) "Demand actuated vehicle" means a bus or smaller transit

vehicle operated for providing group rides to members of the

general public paying fares individually, and on demand rather than

in regularly scheduled route service.

(g) "Demand actuated vehicle mile" means a demand actuated

vehicle operated for 1 mile in service to the general public.

(h) "Public transportation", "comprehensive transportation",

"public transportation service", "comprehensive transportation

service", "public transportation purpose", or "comprehensive

transportation purpose" means the movement of people and goods by

publicly or privately owned water vehicle, bus, railroad car,

street railway, aircraft, rapid transit vehicle, taxicab, or other

conveyance which provides general or special service to the public,

but not including charter or sightseeing service or transportation

which is exclusively for school purposes. Public transportation,

Senate Bill No. 1588 as amended December 4, 2008

public transportation services, or public transportation purposes;

and comprehensive transportation, comprehensive transportation

services, or comprehensive transportation purposes as defined in

this subdivision are declared by law to be transportation purposes

within the meaning of section 9 of article IX of the state

constitution of 1963.

(i) "State transportation commission" means the state

transportation commission established in section 28 of article V of

the state constitution of 1963.

(j) "Governmental unit" means the state transportation

department, the state transportation commission, a county road

commission, a city, or a village.

(k) "Department" or "department of transportation" means the

state transportation department <<

>>, which

may be referred to administratively as the department of

transportation.

(l) "Preservation" means an activity undertaken to preserve the

integrity of the existing roadway system. Preservation does not

include new construction of highways, roads, streets, or bridges, a

project that increases the capacity of a highway facility to

accommodate that part of traffic having neither an origin nor

destination within the local area, widening of a lane width or

more, or adding turn lanes of more than 1/2 mile in length.

Preservation includes, but is not limited to, 1 or more of the

following:

(i) Maintenance.

(ii) Capital preventive treatments.

(iii) Safety projects.

(iv) Reconstruction.

(v) Resurfacing.

(vi) Restoration.

(vii) Rehabilitation.

(viii) Widening of less than the width of 1 lane.

(ix) Adding auxiliary weaving, climbing, or speed change lanes.

(x) Modernizing intersections.

(xi) Adding auxiliary turning lanes of 1/2 mile or less.

(xii) Installing traffic signs in new locations, installing

signal devices in new locations, and replacing existing signal

devices.

(m) "Maintenance" means routine maintenance or preventive

maintenance, or both. Maintenance does not include capital

preventive treatments, resurfacing, reconstruction, restoration,

rehabilitation, safety projects, widening of less than 1 lane

width, adding auxiliary turn lanes of 1/2 mile or less, adding

auxiliary weaving, climbing, or speed-change lanes, modernizing

intersections, or the upgrading of aggregate surface roads to hard

surface roads. Maintenance of state trunk line highways does not

include streetlighting except for freeway lighting for traffic

safety purposes.

(n) "Routine maintenance" means actions performed on a regular

or controllable basis or in response to uncontrollable events upon

a highway, road, street, or bridge. Routine maintenance includes,

but is not limited to, 1 or more of the following:

(i) Snow and ice removal.

(ii) Pothole patching.

(iii) Unplugging drain facilities.

(iv) Replacing damaged sign and pavement markings.

(v) Replacing damaged guardrails.

(vi) Repairing storm damage.

(vii) Repair or operation of traffic signs and signal systems.

(viii) Emergency environmental cleanup.

(ix) Emergency repairs.

(x) Emergency management of road closures that result from

uncontrollable events.

(xi) Cleaning streets and associated drainage.

(xii) Mowing roadside.

(xiii) Control of roadside brush and vegetation.

(xiv) Cleaning roadside.

(xv) Repairing lighting.

(xvi) Grading.

(o) "Preventive maintenance" means a planned strategy of cost-

effective treatments to an existing roadway system and its

appurtenances that preserve assets by retarding deterioration and

maintaining functional condition without significantly increasing

structural capacity. Preventive maintenance includes, but is not

limited to, 1 or more of the following:

(i) Pavement crack sealing.

(ii) Micro surfacing.

(iii) Chip sealing.

(iv) Concrete joint resealing.

(v) Concrete joint repair.

(vi) Filling shallow pavement cracks.

(vii) Patching concrete.

(viii) Shoulder resurfacing.

(ix) Concrete diamond grinding.

(x) Dowel bar retrofit.

(xi) Bituminous overlays of 1-1/2 inches or less in thickness.

(xii) Restoration of drainage.

(xiii) Bridge crack sealing.

(xiv) Bridge joint repair.

(xv) Bridge seismic retrofit.

(xvi) Bridge scour countermeasures.

(xvii) Bridge painting.

(xviii) Pollution prevention.

(xix) New treatments as they may be developed.

(p) "County road commission" means the board of county road

commissioners elected or appointed pursuant to section 6 of chapter

IV of 1909 PA 283, MCL 224.6, or, in the case of a charter county

with a population of 2,000,000 or more with an elected county

executive that does not have a board of county road commissioners,

the county executive for ministerial functions and the county

commission provided for in section 14(1)(d) of 1966 PA 293, MCL

45.514, for legislative functions.

(q) "Capital preventive treatments" means any preventive

maintenance category project on state trunk line highways that

qualifies under the department's capital preventive maintenance