June 30, 2015, Introduced by Senator KOWALL 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 section 11c (MCL 247.661c), as amended by 2002 PA 498.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
11c. (1) All federal aid construction projects ,
all
other
projects of the department
concerning highways, streets,
roads, and bridges, whose cost exceeds $100,000.00 for construction
or preservation as defined in section 10c, shall be performed by
contract
awarded by competitive bidding unless the department shall
affirmatively
find affirmatively finds that under the circumstances
relating to those projects, some other method is in the public
interest.
All of those The director
of the department shall report
his
or her findings shall be reported to
the state transportation
commission 90 days before work is commenced and promptly in writing
to the appropriations committees of the senate and house of
representatives. However, in a case in which the department
determines emergency action is required, the reports need not be
filed
before work is commenced a
contract is awarded but shall be
promptly
filed. Local road agencies that make a decision not to
perform
construction or preservation projects exceeding $100,000.00
shall
contract for this work through competitive bidding.
(2) All construction projects of a local road agency whose
costs exceed $100,000.00 for construction or preservation,
excluding maintenance, shall be performed by contract awarded by
competitive bidding unless the local road agency affirmatively
finds that under the circumstances relating to those projects, some
other method is in the public interest. Installation or upgrading
of advanced traffic management and signals is exempt from this
subsection. A county road commission shall report its findings
before work is commenced in writing to the county board of
commissioners of that county. A city or village shall report its
findings before work is commenced in writing to the governing
elected body of that city or village.
(3) The department shall develop and implement a performance-
based maintenance system to improve efficiencies and outcomes in
the performance of maintenance services on state trunk line
highways.
(4) No later than February 1, 2016, the department shall
develop and implement a performance rating system for the
maintenance services performed on all highways, streets, and roads
under its jurisdiction. The performance rating system shall provide
for the collection of data on all maintenance activities, including
the quantities and locations of activities performed and the costs
associated with those activities.
(5) Beginning October 1, 2016, a minimum of 20% of all funds
expended by the department for maintenance services shall be based
on performance outputs or outcomes associated with the performance
rating system required under subsection (4).
(6) Not later than September 30, 2017, the department shall
competitively bid and award a minimum of 1 contract for the full
performance of maintenance services of highways, streets, roads,
and bridges under its jurisdiction for an area not smaller than the
jurisdiction of 1 department service center. The director of the
department shall report results and findings made during the
contracting process and contract performance for all contracts
entered into under this subsection annually on December 1 of each
year to the appropriations committees of the senate and house of
representatives.
(7) The director of the department shall report results and
findings on the outcomes of state trunk line highway maintenance
services, the contracting process, and contract performance for all
contracts entered into under this section no later than June 1,
2017, and on December 1 of each subsequent year to the
appropriations committees of the senate and house of
representatives.
(8) A local road agency that received at least $20,000,000.00
in funding from the Michigan transportation fund in fiscal year
2013 shall develop, in conjunction with the transportation asset
management council and the department, and implement a performance-
based preventative maintenance system to improve efficiencies and
outcomes in the performance of preventative maintenance services on
all highways, streets, and roads under its jurisdiction.
(9) No later than February 1, 2017, a local road agency
described in subsection (8) shall develop and implement a
performance rating system for the preventative maintenance services
performed on all highways, streets, and roads under its
jurisdiction. The performance rating system shall provide for the
collection of data on all preventative maintenance activities,
including the quantities and locations of activities performed and
the costs associated with those activities.
(10) Beginning October 1 2017, a minimum of 20% of all funds
expended by a local road agency described in subsection (8) for
preventative maintenance services shall be based on performance
outputs or outcomes associated with the performance rating system
required under subsection (9).
(11) The chief executive of each local road agency required to
competitively bid under this section shall report results and
findings on the outcomes of preventative maintenance services
performed on all highways, streets, and roads under the
jurisdiction of that local road agency, the contracting process,
and contract performance for all contracts entered into under this
section no later than June 1, 2018, and on June 1 of each
subsequent year to the director of the department and to the
appropriations committees of the senate and house of
representatives.
(12) As used in this section:
(a) "Local road agency" means that term as defined in section
9a.
(b) "Maintenance services" means routine and reactive
maintenance activities undertaken to ensure the normal and safe
operation of a highway, street, or road, including activities
performed on an appurtenance or roadside feature associated with a
highway, street, or road that is necessary for the safe operation
of the appurtenance or roadside feature. Maintenance services do
not include a construction activity that is intended to
significantly repair, resurface, rehabilitate, or reconstruct a
highway, street, or road, or an appurtenance or roadside feature
associated with a highway, street, or road.