HOUSE BILL No. 5710

May 31, 2012, Introduced by Reps. Byrum, Durhal, Switalski, Bauer and Brown 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 promote safe and efficient travel for

motor vehicle drivers, bicyclists, pedestrians, and other legal

users of roads, streets, and highways; 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 sections 9a, 10c, and 20a (MCL 247.659a, 247.660c, and

247.670a), as amended by 2010 PA 257.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 9a. (1) As used in this section:

(a) "Asset management" means an ongoing process of

maintaining, upgrading, and operating physical assets cost-

effectively, based on a continuous physical inventory and condition

assessment.

(b) "Bridge" means a structure including supports erected over

a depression or an obstruction, such as water, a highway, or a

railway, for the purposes of carrying traffic or other moving

loads, and having an opening measuring along the center of the

roadway of more than 20 feet between undercopings of abutments or

spring lines of arches, or extreme ends of openings for multiple

boxes where the clear distance between openings is less than 1/2 of

the smaller contiguous opening.

chosen by the council where the data collected is stored and

maintained.

(d) "Council" means the transportation asset management

council created by this section.

~~(e) "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 750,000 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.~~

(e) ~~(f)~~ "Department" means the state transportation

department.

(f) ~~(g)~~ "Federal-aid eligible" means ~~any~~ a public road or

bridge that is eligible for federal aid to be spent for the

construction, repair, or maintenance of that road or bridge.

(g) ~~(h)~~ "Local road agency" means a county road commission or

designated county road agency or city or village that is

responsible for the construction or maintenance of public roads

within the state under this act.

(h) ~~(i)~~ "Multiyear program" means a compilation of road and

bridge projects anticipated to be contracted for by the department

or a local road agency during a 3-year period. The multiyear

program shall include a listing of each project to be funded in

whole or in part with state or federal funds.

(i) ~~(j)~~ "State planning and development regions" means those

agencies required by section ~~134(b)~~ 134 of title 23 of the United

States Code, 23 USC 134, and those agencies established by

Executive Directive 1968-1.

(2) In order to provide a coordinated, unified effort by the

various roadway agencies within the state, the transportation asset

management council is hereby created within the state

transportation commission and is charged with advising the

commission on a statewide asset management strategy and the

processes and necessary tools needed to implement such a strategy

beginning with the federal-aid eligible highway system, and once

completed, continuing on with the county road and municipal

systems, in a cost-effective, efficient manner. Nothing in this

section shall prohibit a local road agency from using an asset

management process on its non-federal-aid eligible system. The

council shall consist of 10 voting members appointed by the state

transportation commission. The council shall include 2 members from

the county road association of Michigan, 2 members from the

Michigan municipal league, 2 members from the state planning and

development regions, 1 member from the Michigan townships

association, 1 member from the Michigan association of counties,

and 2 members from the department. Nonvoting members shall include

1 person from the agency or office selected as the location for

central data storage. Each agency with voting rights shall submit a

list of 2 nominees to the state transportation commission from

which the appointments shall be made. The Michigan townships

association shall submit 1 name, and the Michigan association of

counties shall submit 1 name. Names shall be submitted within 30

days after July 3, 2002. The state transportation commission shall

make the appointments within 30 days after receipt of the lists.

(3) The positions for the department shall be permanent. The

position of the central data storage agency shall be nonvoting and

shall be for as long as the agency continues to serve as the data

storage repository. The member from the Michigan association of

counties shall be initially appointed for 2 years. The member from

the Michigan townships association shall be initially appointed for

3 years. Of the members first appointed from the county road

association of Michigan, the Michigan municipal league, and the

state planning and development regions, 1 member of each group

shall be appointed for 2 years and 1 member of each group shall be

appointed for 3 years. At the end of the initial appointment, all

terms shall be for 3 years. The chairperson shall be selected from

among the voting members of the council.

(4) The department shall provide qualified administrative

staff and the state planning and development regions shall provide

qualified technical assistance to the council.

(5) The council shall develop and present to the state

transportation commission for approval within 90 days after the

date of the first meeting ~~such~~ the procedures and requirements as

that are necessary for the administration of the asset management

process. ~~This~~ The procedures and requirements developed and

presented by the council shall, at a minimum, include the areas of

training, data storage and collection, reporting, development of a

multiyear program, budgeting and funding, and other issues related

to asset management. ~~that may arise from time to time.~~ All quality

control standards and protocols shall, at a minimum, be consistent

with ~~any~~ existing federal requirements and regulations and existing

government accounting standards.

(6) The council may appoint a technical advisory panel whose

members shall be representatives from the transportation

construction associations and related transportation road

interests. The asset management council shall select members to the

technical advisory panel from names submitted by the transportation

construction associations and related transportation road

interests. The technical advisory panel members shall be appointed

for 3 years. The asset management council shall determine the

research issues and assign projects to the technical advisory panel

to assist in the development of statewide policies. The technical

advisory panel's recommendations shall be advisory only and are not

binding on the asset management council.

(7) The department, each county road commission, and each city

and village of this state shall annually submit a report to the

transportation asset management council. This report shall include

a multiyear program developed through the asset management process

described in this section. Projects contained in the department's

annual multiyear program shall be consistent with the department's

asset management process and shall be reported consistent with

categories established by the transportation asset management

council. Projects contained in the annual multiyear program of each

local road agency shall be consistent with the asset management

process of each local road agency and shall be reported consistent

with categories established by the transportation asset management

council.

(8) Funding necessary to support the activities described in

this section shall be provided by an annual appropriation from the

Michigan transportation fund to the state transportation

commission.

(9) The department and each local road agency shall keep

accurate and uniform records on all road and bridge work performed

and funds expended for the purposes of this section, according to

the procedures developed by the council. Each local road agency and

the department shall annually report to the council the mileage and

condition of the road and bridge system under their jurisdiction

and the receipts and disbursements of road and street funds in the

manner prescribed by the council, which shall be consistent with

any current accounting procedures. An annual report shall be

prepared by the staff assigned to the council regarding the results

of activities conducted during the preceding year and the

expenditure of funds related to the processes and activities

identified by the council. The report shall also include an

overview of the activities identified for the succeeding year. The

council shall submit this report to the state transportation

commission, the legislature, and the transportation committees of

the house and senate by May 2 of each year.

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

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 under

the metropolitan transportation authorities act of 1967, 1967 PA

204, MCL 124.401 to 124.426.

village or an authority created 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 124.531 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~~ that 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 the purpose of 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~~ that provides general or special service to the

public, but not including charter or sightseeing service or

transportation ~~which~~ that is exclusively for school purposes.

Public transportation, 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, the principal department of state

government created under section 350 of the executive organization

act of 1965, 1965 PA 380, MCL 16.450.

(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 750,000 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. If a board of county road

commissioners of a county is dissolved under section 6 of chapter

IV of 1909 PA 283, MCL 224.6, county road commission includes the

county board of commissioners of that county.

(q) "Capital preventive treatments" means any preventive

maintenance category project on state trunk line highways that

qualifies under the department's capital preventive maintenance

program.

Sec. 20a. A board of county road commissioners in a county and

the township board of a township ~~having~~ with a population of ~~not~~

~~less than~~ 15,000 ~~, as determined by the most recent statewide~~

~~federal census,~~ or more, and which in the prior year and the

contract year will have levied a property tax of not less than 1

mill on each dollar of assessed valuation of the township for the

improvement or preservation of county roads within the township,

may exercise the provisions of this section only by entering into a

written contract of not more than 1 year providing for the

preservation by the township of all or any part of the county local

road system within that township, subject to, ~~but not limited to,~~

at a minimum, the following conditions:

(a) The contract shall specify the total amount of money that

shall be annually expended by the contracting township for the

preservation of all or part of the local road system. ~~or part~~

~~thereof.~~ The contracting road commission may pay not more than 90%

of the amount specified in the contract to the contracting township

annually. The contracting road commission shall not pay more than

66% of an amount equal to the average annual amount of funds

expended by the county road commission on the local road system

located within the contracting township for construction and

preservation purposes over the previous 5-year period from local

road funds received by the county under this act. ~~Any~~ The

contracting township shall match any funds expended by the

contracting road commission on the local road system located within

the contracting township in excess of 66%. ~~shall be matched by the~~

~~contracting township.~~ The amount paid to the contracting township

shall not directly or indirectly include money transferred from the

primary fund allocation to the county ~~as set forth in~~ under section

12(8).

(b) The contracting township shall keep separate accounts and

accurate and uniform records on all road preservation work and

funds, and shall file with the state transportation commission and

the contracting county road commission on or before April 1 of each

year, on forms ~~to be~~ provided by the state transportation

commission, a report showing the disposition of funds received and

expended for road purposes.

provide insurance covering the contracting road commission's

liability for failure to preserve the local roads specified in the

contract.

(d) The contracting road commission shall determine and

specify the equipment and personnel necessary to provide the

preservation as set forth in the contract, and the contract shall

not take effect until the contracting township has acquired the

necessary equipment and personnel specified in the contract.

(e) As used in this section, :

(i~~) "County road commission" means the board of county road~~