Bill Text: MI HB4346 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Transportation; funds; funding to local alliance created by certain townships that have entered into a joint endeavor or an interlocal agreement under the municipal partnership act or the urban cooperation act of 1967; provide for. Amends sec. 10c of 1951 PA 51 (MCL 247.660c) & adds sec. 10q.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2015-03-18 - Printed Bill Filed 03/18/2015 [HB4346 Detail]

Download: Michigan-2015-HB4346-Introduced.html

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HOUSE BILL No. 4346

 

March 17, 2015, Introduced by Reps. Heise and Somerville and referred to the Committee on Transportation and Infrastructure.

 

     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 10c (MCL 247.660c), as amended by 2012 PA 391,

 

and by adding section 10q.

 

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

 

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.

 

     (c) "Eligible governmental agency" means a county, city, or

 

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 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 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 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" or "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 under 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. In addition, if a board of

 

county road commissioners is dissolved as provided in section 6 of

 

chapter IV of 1909 PA 283, MCL 224.6, county road commission

 

includes the county board of commissioners of the 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.

 

     (r) "Public transit region" means that term as defined in

 

section 2 of the regional transit authority act, 2012 PA 387, MCL

 

124.542.

 

     (s) "Regional transit authority" means an authority created

 

under the regional transit authority act, 2012 PA 387, MCL 124.541

 

to 124.558.

 

     (t) "Local alliance" means an entity that elects to receive

 

money under section 10q consisting of 2 or more townships within a

 

county with a population of 1,500,000 or more organized under 1966

 

PA 293, MCL 45.501 to 45.521, that have entered into either of the

 

following:

 

     (i) A joint endeavor under the municipal partnership act, 2011

 

PA 258, MCL 124.111 to 124.123.

 

     (ii) An interlocal agreement under the urban cooperation act of

 

1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.

 

     Sec. 10q. (1) A local alliance may receive money under this

 

act in the same manner and for the same purposes as a county road

 

commission receives money under sections 12 to 12b.

 

     (2) A local alliance that receives money under subsection (1)

 

shall be treated as a county road commission for purposes of

 

receiving distributions under sections 12 to 12b.

 

     (3) If a local alliance receives money under subsection (1),

 

the money distributed to that local alliance under sections 12 to

 

12b shall be subtracted from the amount distributed to the county

 

road commission of the county in which the townships are located.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.