June 9, 2016, Introduced by Reps. Townsend, Vaupel, Victory, Schor, Brinks, Pagel, LaGrand, Rutledge, Dianda, Driskell and Greig and referred to the Committee on Appropriations.
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,"
(MCL 247.651 to 247.675) by adding section 10q.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10q. (1) An objective and quantifiable prioritization
process, known as the Michigan value for money transportation
prioritization process, shall be established, implemented, and
maintained for the assessment and selection of candidate
transportation projects to be included in the 4-year state
transportation improvement program.
(2) The Michigan value for money transportation prioritization
process board is created for the purpose of establishing and
maintaining the Michigan value for money transportation
prioritization process, which shall be utilized by the department,
regional transit authority, and each metropolitan planning
organization, county road commission, city, village, and transit
agency for the objective and quantifiable assessment and selection
of candidate transportation projects based on all of the following
performance measures:
(a) Congestion mitigation.
(b) System reliability.
(c) Safety.
(d) Accessibility.
(e) Economic development.
(f) Land use.
(g) Environment.
(3) In establishing and maintaining the Michigan value for
money transportation prioritization process, the Michigan value for
money transportation prioritization process board shall do all of
the following:
(a) Work collaboratively and hold public meetings with the
department; regional transit authority; metropolitan planning
organizations; transit agencies; local, county, and regional
governments; transportation, environmental, and consumer advocacy
groups; and other stakeholders, including the general public.
(b) Establish an objective and quantifiable scoring process to
measure, compare, and rank the ability of candidate transportation
projects by department region and state based on performance
measures outlined in subsection (2) as they relate to the cost of
initial construction and the ongoing liability for preservation and
maintenance.
(c) Establish weighting factors for each performance measure
based on the unique needs and qualities of the department region.
The Michigan value for money transportation prioritization process
board may establish different weighting factors for each
performance measure within each department region based on the
unique needs and qualities of each county, city, village, and
transit agency.
(4) The Michigan value for money transportation prioritization
process board shall consist of the following members:
(a) The director of the department.
(b) One member of the state transportation commission
appointed by the state transportation commission.
(c) The chief executive officer of the regional transit
authority.
(d) One member representing the metropolitan planning
organizations appointed by the governor from a list of 3
recommendations supplied by the directors of the metropolitan
planning organizations.
(e) One member representing county road commissions appointed
by the governor from a list of 3 recommendations supplied by the
board of the County Road Association of Michigan.
(f) One member representing cities and villages appointed by
the governor from a list of 3 recommendations supplied by the board
of trustees of the Michigan Municipal League.
(g) One member representing transit agencies appointed by the
governor from a list of 3 recommendations supplied by the board of
the Michigan Public Transit Association.
(h) One member appointed by the speaker of the house.
(i) One member appointed by the house minority leader.
(j) One member appointed by the senate majority leader.
(k) One member appointed by the senate minority leader.
(5) The members first appointed to the Michigan value for
money transportation prioritization process board shall be
appointed within 30 days after the effective date of the amendatory
act that added this section.
(6) Members of the Michigan value for money transportation
prioritization process board shall serve for terms of 2 years or
until a successor is appointed, whichever is later.
(7) If a vacancy occurs on the Michigan value for money
transportation prioritization process board, the vacancy shall be
filled by an appointment for the unexpired term in the same manner
as the original appointment.
(8) The appointing official or board may remove a member
appointed to the Michigan value for money transportation
prioritization process board by that appointing official or board
for incompetence, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause.
(9) The first meeting of the Michigan value for money
transportation prioritization process board shall be called by the
director of the department. At the first meeting, the Michigan
value for money transportation prioritization process board shall
elect from among its members a chairperson and other officers as it
considers necessary or appropriate. After the first meeting, the
Michigan value for money transportation prioritization process
board shall meet at least monthly, or more frequently at the call
of the chairperson or if requested by a majority of the members.
Upon establishing the Michigan value for money transportation
prioritization process under subsection (16), the Michigan value
for money transportation prioritization process board shall meet at
least annually to conduct the annual review described in subsection
(18), or more frequently at the call of the chairperson or if
requested by a majority of the board members.
(10) A majority of the members of the Michigan value for money
transportation prioritization process board constitute a quorum for
the transaction of business at a meeting of the Michigan value for
money transportation prioritization process board. A majority of
the members present and serving are required for official action of
the Michigan value for money transportation prioritization process
board.
(11) The business that the Michigan value for money
transportation prioritization process board may perform shall be
conducted at a public meeting of the Michigan value for money
transportation prioritization process board held in compliance with
the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(12) A writing prepared, owned, used, in the possession of, or
retained by the Michigan value for money transportation
prioritization process board in the performance of an official
function is subject to the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(13) Members of the Michigan value for money transportation
prioritization process board shall serve without compensation.
However, members of the Michigan value for money transportation
prioritization process board may be reimbursed for their actual and
necessary expenses incurred in the performance of their official
duties.
(14) The Michigan value for money transportation
prioritization process shall not be used for preservation or
maintenance projects.
(15) This section and section 10r do not apply to federal
funds subject to 23 USC 133(d)(1)(A)(i).
(16) Not later than 365 days after the effective date of the
amendatory act that added this section, the Michigan value for
money transportation prioritization process board shall establish
the Michigan value for money transportation prioritization process.
Not later than 365 days after the Michigan value for money
transportation prioritization process board establishes the
Michigan value for money transportation prioritization process, the
department, the regional transit authority, and each metropolitan
planning organization, county road commission, city, village, and
transit agency shall begin assessing and selecting candidate
transportation projects using the objective and quantifiable
priority performance measures and weighting factors established
under the Michigan value for money transportation prioritization
process.
(17) The department shall assign staff to each department
region, prepare guidance materials, and provide training and
workshops as necessary to assist the regional transit authority and
each metropolitan planning organization, county road commission,
city, village, and transit agency in assessing and selecting
candidate transportation projects using the Michigan value for
money transportation prioritization process.
(18) Upon receiving the report from the department under
section 10r, the Michigan value for money transportation
prioritization process board shall conduct an annual review of the
Michigan value for money transportation prioritization process to
determine if the established scoring process and weighting factors
are prioritizing candidate transportation projects that best
achieve local, regional, and state goals and consider revisions to
the Michigan value for money transportation prioritization process
that would improve upon the established scoring process and
weighting factors to best achieve local, regional, and state
transportation goals.
(19) Unless otherwise determined by the Michigan value for
money transportation prioritization process board, this section and
section 10r do not apply to a project that has all funds identified
in the 4-year state transportation improvement program and will be
fully obligated before January 1, 2016, and has completed the state
environmental review process or the review process required by the
national environmental policy act, 42 USC 4321 to 4370h, before
August 1, 2014. This subsection does not apply to a project that
has a reevaluation or supplement of the project's environmental
impact statement under 23 CFR 771.129, that was approved after
August 1, 2014.
(20) As used in this section and section 10r:
(a) "Department region" means any of the following regions
established by the department:
(i) Superior.
(ii) North.
(iii) Grand.
(iv) Southwest.
(v) University.
(vi) Bay.
(vii) Metro.
(b) "Metropolitan planning organization" means any of the
following:
(i) The southeast Michigan council of governments.
(ii) The tri-county regional planning commission.
(iii) The west Michigan shoreline regional development
commission.
(iv) The southwest Michigan planning commission.
(v) The St. Clair county metropolitan planning commission.
(vi) The Saginaw metropolitan planning organization.
(vii) The Michigan area council of governments.
(viii) The Toledo metropolitan area council of governments.
(c) "Preservation" means an activity undertaken to preserve
the integrity of an existing transportation facility. Preservation
does not include new construction of a highway, road, street, or a
bridge, capital public transportation, a rail project, a project
that increases the capacity of a transportation facility to
accommodate that part of traffic having neither an origin nor
destination within the local area, widening of a lane, 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) Adding auxiliary weaving, climbing, or speed change lanes.
(v) Adding auxiliary turning lanes of 1/2 mile or less.
(vi) Installing traffic signs in new locations, installing
signal devices in new locations, and replacing existing signal
devices.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5760 (request no.
00803'15 **) of the 98th Legislature is enacted into law.