June 16, 2015, Introduced by Senators SCHMIDT, ZORN and HORN and referred to the Committee on Local Government.
A bill to amend 1909 PA 283, entitled
"An act to revise, consolidate, and add to the laws relating to the
establishment, opening, discontinuing, vacating, closing, altering,
improvement, maintenance, and use of the public highways and
private roads; the condemnation of property and gravel therefor;
the building, repairing and preservation of bridges; maintaining
public access to waterways under certain conditions; setting and
protecting shade trees, drainage, and cutting weeds and brush
within this state; providing for the election or appointment and
defining the powers, duties, and compensation of state, county,
township, and district highway officials; and to prescribe
penalties and provide remedies,"
by amending section 19b of chapter IV (MCL 224.19b), as added by
1980 PA 212.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec. 19b. (1) A person, partnership, association, corporation,
or governmental entity shall not construct, operate, maintain, or
remove
a facility or perform any other work within the right of way
right-of-way of a county road, except sidewalk installation and
repair, without first obtaining a permit from the county road
commission having jurisdiction over the road and from the township,
city, or village in which the county road is located when a permit
is required by ordinance of the township, city, or village,
pursuant
to authority conferred by article VII, section 29 of
article
VII of the Michigan state constitution
of 1963. The
adjacent
property owner shall is not be required to obtain a permit
for
work incidental to the maintenance of the right of way right-
of-way lying outside of the shoulder and roadway.
(2) A county road commission and a local unit of government
may adopt, after a public hearing of which notice has been given by
publication at least twice in a newspaper circulated in the county
not
more than 30 days nor less than 7 days prior to before the
hearing, reasonable permit requirements and, subject to subsection
(5), a schedule of fees to be charged sufficient to cover only the
necessary
and actual costs applied in a reasonable manner for the
issuance
of issuing the permit and for review of the proposed
activity, inspection, and related expenses. After the work
authorized in the permit has been completed, itemization of all
costs shall be supplied upon request of the permit holder.
(3)
When a road commission adopts procedures for the issuance
of
issuing permits or adopts a schedule of fees in accordance
with
the
provisions of this section,
separate procedures and fee
schedules
shall be adopted for the issuance of issuing annual and
emergency
permits which that reflect the minimal administrative
burden of issuing an annual permit for frequent but routine and
unobtrusive work such as surveying and the extraordinary emergency
repairs to municipal or public utilities.
(4) A county road commission may not refuse a permit requested
by a government entity for the installation of a facility or
utility owned by that government entity if security is given by the
permittee or its contractor to the county road commission
sufficient to insure restoration of the road and appurtenances
thereto
and adjacent right of way right-of-way
to a condition
reasonably
equal to or better than that existing prior to before
such
installation. nor may a
(5) A county road commission shall not charge a government
entity or a telecommunication provider a permit fee exceeding
$300.00 per permit or $1,000.00 total for all permits per project.
(6) A county road commission shall not require a
telecommunication provider to have more than 1 security bond to
secure the performance of the conditions of all permits issued that
authorize the telecommunication provider to construct, operate,
maintain, or remove a telecommunication facility or perform any
other work anywhere within the right-of-way of any road under the
jurisdiction of the county road commission. The telecommunication
provider shall determine whether the security bond described in
this subsection is an insurance bond or a cash bond, and a county
road commission shall not require that the security bond be a cash
bond. The amount of a security bond described in this subsection
shall not exceed $10,000.00. Upon the request of a
telecommunication provider, the county road commission shall return
the security bond to the telecommunication provider within 60 days
after the telecommunication provider completes all work in the
right-of-way.
(7) If a telecommunication provider maintains general
liability insurance with minimum policy limits of $1,000,000.00 per
occurrence for property damage and $1,000,000.00 per occurrence for
bodily injury that apply to all claims, demands, suits, or causes
of action arising in connection with or as a direct result of the
telecommunication provider's use and occupancy of a right-of-way
under the jurisdiction of a county road commission, that county
road commission shall not require the telecommunication provider to
furnish a policy of general liability insurance naming the county,
the county road commission, its officers, employees, and others as
additional insureds.
(8) As used in this section:
(a) "Broadband Internet access transport services" means the
broadband transmission of data between an end-user and the end-
user's Internet service provider's point of interconnection at a
speed of 200 or more kilobits per second to the end-user's
premises.
(b) "Telecommunication facilities" means the equipment or
personal property, such as copper and fiber cables, lines, wires,
switches, conduits, pipes, and sheaths, which are used to or can
generate, receive, transmit, carry, amplify, or provide
telecommunication services or signals. Telecommunication facilities
do not include antennas, supporting structures for antennas,
equipment shelters or houses, and any ancillary equipment and
miscellaneous hardware used to provide federally licensed
commercial mobile service as defined in 47 USC 332, and further
defined as commercial mobile radio service in 47 CFR 20.3, or
service provided by any wireless, 2-way communications device.
(c) "Telecommunication provider" and "telecommunication
services" mean those terms as defined in section 102 of the
Michigan telecommunications act, 1991 PA 179, MCL 484.2102.
Telecommunication provider does not include a person or an
affiliate of that person when providing a federally licensed
commercial mobile service as defined in 47 USC 332, and further
defined as commercial mobile radio service in 47 CFR 20.3, or
service provided by any wireless, 2-way communication device. For
purposes of this section only, a telecommunication provider
includes all of the following:
(i) A cable television operator that provides a
telecommunication service.
(ii) A person who owns telecommunication facilities located
within a public right-of-way.
(iii) A person providing broadband Internet transport access
service.
(iv) An Internet service provider that provides a
telecommunication service.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.