Bill Text: MI HB4940 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Transportation; other; public-private partnerships; allow the state transportation department to enter into. Amends title & secs. 1, 6a, 7, 7a & 10 of 1964 PA 286 (MCL 247.801 et seq.) & adds secs. 7b, 7c, 7d, 7e, 7f, 7g, 7h & 7i.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-10-07 - Printed Bill Filed 10/07/2015 [HB4940 Detail]

Download: Michigan-2015-HB4940-Introduced.html

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HOUSE BILL No. 4940

October 6, 2015, Introduced by Rep. Lane and referred to the Committee on Transportation and Infrastructure.

 

     A bill to amend 1964 PA 286, entitled

 

"An act to provide for the organization, powers, and duties of the

state transportation commission and the state transportation

department; to provide for the appointment, powers, and duties of

the state transportation director; to abolish the office of state

highway commissioner and the commissioner's advisory board and to

transfer their powers and duties; to provide for penalties and

remedies; and to repeal certain acts and parts of acts,"

 

by amending the title and sections 1, 6a, 7, 7a, and 10 (MCL

 

247.801, 247.806a, 247.807, 247.807a, and 247.810), the title as

 

amended by 1984 PA 398 and section 7a as amended by 1981 PA 122,

 

and by adding sections 7b, 7c, 7d, 7e, 7f, 7g, 7h, and 7i.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                                TITLE

 

     An act to provide for the organization, powers, and duties of

 

the state transportation commission and the state transportation

 

department; to provide for the appointment, powers, and duties of

 

the state transportation director; to abolish the office of state

 

highway commissioner and the commissioner's advisory board and to

 

transfer their powers and duties; to provide for public

 

transportation facilities; to provide for the creation of certain

 

authorities; to authorize public-private agreements relating to

 

researching, planning, studying, designing, developing, financing,

 

acquiring, constructing, charging user fees, operating, or

 

maintaining a public transportation facility; to provide for other

 

arrangements for the creation and operation of public

 

transportation facilities that may be financed by user fees,

 

charges, and other revenue; to provide for the sale of bonds; to

 

provide for certain powers of certain state departments; to provide

 

for penalties and remedies; and to repeal certain acts and parts of

 

acts.

 

     Sec. 1. As used in this act:

 

     (a) (1) "Commission" means the state transportation

 

commission.

 

     (b) "Concessionaire" means a private entity that has entered

 

into a public-private agreement under section 7b.

 

     (c) (2) "Director" means the director of transportation.the

 

department.

 

     (d) (3) "Department" means the state transportation

 

department. of transportation.

 

     (e) "Instrumentality of government" means a public entity in

 

the United States created or empowered to carry out functions

 

commonly carried out by units of government, public agencies, or

 

public authorities. Instrumentality of government includes a public

 

agency or public authority created by the government of another

 

state of the United States.

 

     (f) "Private entity" means any natural person, corporation,

 

general partnership, limited liability company, limited

 

partnership, joint venture, business trust, public benefit

 

corporation, nonprofit entity, or other nongovernmental business

 

entity.

 

     (g) "Public-private agreement" means an agreement between a

 

private entity and the department or between a private entity, the

 

department, and 1 or more other instrumentalities of government

 

that relates to researching, planning, studying, designing,

 

developing, financing, acquiring, constructing, charging user fees,

 

operating, or maintaining a public transportation facility, or any

 

combination of those activities. Public-private agreement includes

 

an agreement between the department and 1 or more instrumentalities

 

of government if the agreement is related to a project that has or

 

will have an agreement between the department or an instrumentality

 

of government and a private entity.

 

     (h) "Public transportation facility" means any new or existing

 

domestic highway, lane, road, bridge, tunnel, overpass, ramp,

 

interchange, ferry, airport, vehicle parking facility, vehicle

 

transportation facility, port facility, locks facility, rail

 

facility, intermodal or other public transit facility, or any other

 

equipment, rolling stock, site, or facility used in the

 

transportation of persons, goods, substances, vehicles,

 

information, or matter of any kind, and any building, structure,

 

parking area, appurtenance, or other property necessary or

 

desirable for the facility.

 

     Sec. 6a. The director may do the following:

 

     (a) Organize the department and its work, supervise the work

 

of the employees and agents of the department, create, merge, and

 

abolish organizational divisions within the department, and

 

transfer or merge functions among those divisions in the interest

 

of economy and efficiency.

 

     (b) Employ personnel necessary to carry out the duties of the

 

director and the responsibilities of the department subject to

 

contractual obligations and laws governing state employment.

 

     (c) Delegate to any employee of the department , subject to

 

the approval of the commission, any powers vested in the director

 

or delegated to the director by the commission except the power to

 

enter into a public-private agreement under section 7b.

 

     (d) Establish a program of current and long-range planning for

 

the transportation systems under the department's jurisdiction and

 

public transportation facilities of the department.

 

     (e) Direct the preparation of budget requests, expenditures,

 

programs and periodical allotments.

 

     (f) Purchase materials, supplies, and equipment. as necessary

 

and proper to carry out the duties of the department as provided by

 

law governing state purchasing.

 

     (g) Purchase services in accordance with applicable civil

 

service rules.

 

     (h) Acquire interests in real and personal property, including

 

by condemnation.

 

     (i) (g) Dispose of obsolete equipment, surplus supplies and

 

material that cannot be used by the department as provided by law

 

governing the disposal.

 

     (j) (h) Do anything necessary and proper to comply fully with

 

the provisions of present or future federal aid acts.

 

     (k) Enter into public-private agreements under section 7b

 

subject to the approval of the legislature.

 

     (l) (i) Do anything necessary and proper to carry out the

 

duties imposed upon the department by the constitution and other

 

duties as may be imposed by law.

 

     Sec. 7. (1) The commission's powers and duties shall include:

 

     (a) The awarding approval for award by the department of all

 

contracts for the construction, improvement, and maintenance of the

 

highways and public transportation facilities under its

 

jurisdiction of the department, as provided by law resolution of

 

the commission.

 

     (b) The establishment of transportation policies for the

 

guidance and direction of the director.

 

     (2) The commission may do the following:

 

     (a) Delegate to any member of the commission, the director, or

 

any subordinate, any powers, other than the power to establish

 

policy, vested in the commission as it considers necessary and

 

proper. ; and permit the director to delegate any powers delegated

 

to him or her by the commission.

 

     (b) Acquire, Authorize the department to acquire, own, and

 

hold interests in real and personal property in the name of the

 

this state or the commission department and to sell, lease or

 

otherwise dispose of, or encumber, any interests in the same in

 

connection with, and in furtherance of, its duties and the purposes

 

of this act, subject to resolutions of the commission.

 

     (c) Do anything necessary and proper to carry out the duties

 

imposed upon it by the constitution and such other duties as may be

 

imposed by law.

 

     (3) The commission shall conduct a public hearing at least

 

once every 5 years to receive public comment and input with regard

 

to then existing public transportation facilities operated under a

 

public-private agreement.

 

     Sec. 7a. (1) As used in this section:

 

     (a) "Completion" means the date when the construction,

 

improvement, or maintenance of a bridge, highway, or other

 

transportation facility is accepted in accordance with the contract

 

documents, so that the bridge, highway, or other transportation

 

facility may be used for its intended purpose.

 

     (b) "Construction contract" means an agreement between a

 

contractor and the department for the construction, improvement, or

 

maintenance of a bridge, highway, or other transportation facility.

 

Construction contract does not include a public-private agreement.

 

     (c) "Contractor" "Construction contractor" means an

 

individual; sole proprietorship; partnership; corporation; joint

 

venture; or other legal a person or entity, other than the this

 

state, or an agency or department of the this state, who is a party

 

to a construction contract.

 

     (d) "Project" means the specific section of the highway

 

construction to be performed under the construction contract.

 

     (2) A construction contract may provide for partial payments

 

to be made periodically to a construction contractor. The

 

department may establish specifications regarding the retention of

 

a portion of the total amount earned under the construction

 

contract.

 

     (3) At the request of the construction contractor and upon the

 

approval of the department, the portion retained pursuant to the

 

specifications established under subsection (2) shall be placed in

 

an escrow account pursuant to this section.

 

     (4) An escrow agent may be selected by the construction

 

contractor. For purposes of this section, an escrow agent shall be

 

a state or national bank, a state or federally chartered savings

 

and loan association, or a state or federally chartered credit

 

union whose principal place of business is located in this state.

 

     (5) An escrow agreement shall be entered into between the

 

contracting parties and the escrow agent. The escrow agreement

 

shall contain all of the following terms:

 

     (a) That the escrow agent shall promptly invest all of the

 

escrowed funds.

 

     (b) That the escrow agent shall hold the escrowed funds until

 

receipt of notice from the department. Upon receipt of a notice of

 

release from the department, the escrow agent shall promptly remit

 

the designated portion of escrowed funds to the construction

 

contractor involved in the contract. Upon receipt of a notice of

 

overpayment or default of the contract, the escrow agent shall

 

promptly remit the designated portion of escrowed funds to the

 

department.

 

     (c) That the escrow agent is responsible for all investments

 

and money as a result of the deposit of the amount until released

 

from responsibility pursuant to the escrow agreement.

 

     (d) That the construction contractor shall pay all expenses

 

regarding the deposit, investment, and administration of the

 

retained amount and all other charges made by the escrow agent.

 

     (e) Any other provision agreed to by the contracting parties

 

and the escrow agent necessary or proper for purposes of this

 

section.

 

     Sec. 7b. (1) Subject to the approval of the legislature, the

 

department may enter into public-private agreements as provided in

 

this act. Public-private agreements shall include terms designed to

 

protect the public interest and ensure accountability of a

 

concessionaire to the department or a public entity created under

 

Michigan law for a public transportation facility in this state,

 

whichever is applicable. A public-private agreement may contain

 

terms and conditions that the department may determine or negotiate

 

to facilitate the researching, planning, studying, designing,

 

developing, financing, acquiring, constructing, charging user fees,

 

governing, operating, or maintaining of a public transportation

 

facility in the public interest. A public transportation facility

 

shall be publicly owned and shall be dedicated to the public use as

 

a public transportation facility as provided in this act.

 

     (2) A public-private agreement shall provide for the terms of

 

the use and operation of a public transportation facility by a

 

concessionaire for a period the department determines is necessary

 

for the development and financing of a public transportation

 

facility and the economic feasibility of the public-private

 

agreement. The public-private agreement may include a lease,

 

license, right of entry, or other instrument for the public

 

transportation facility as the department determines is in the best

 

interest of the public. The agreement may provide for an initial

 

operating term not exceeding 50 years from the later of completion

 

of construction or commencement of collecting user fees, if user

 

fees are collected, unless a longer term is required for the

 

economic feasibility of the public-private agreement as determined

 

by the department and approved by the legislature. The agreement

 

shall provide that the ownership of a public transportation

 

facility within this state shall be vested in the department or a

 

public entity created under Michigan law, and that title to the

 

public transportation facility shall not be encumbered. No

 

provision of a public-private agreement shall allow the public to

 

be deprived of the use and benefit of a public transportation

 

facility except as necessary to implement user fees or ancillary

 

charges authorized by this section, to regulate the level or

 

character of permissible uses of the public transportation

 

facility, to address issues of public safety or security, or to

 

maintain, repair, or improve the public transportation facility. A

 

public-private agreement shall provide for the termination of the

 

agreement. Nothing in a public-private agreement shall prohibit the

 

department from constructing, operating, and maintaining any

 

transportation project that is in the department's long-range plan

 

in effect on the date that proposals are submitted, or prohibit any

 

municipality, county, or other local agency from constructing,

 

operating, and maintaining any transportation project.

 

     (3) A public-private agreement may provide for the charging

 

and collection of user fees and ancillary charges for the use of a

 

public transportation facility. Except as otherwise provided in

 

this subsection, once user fees are initially established, user

 

fees and ancillary charges shall not be increased by more than the

 

cumulative annual increases in the consumer price index, as

 

published by the United States bureau of labor statistics in the

 

United States department of labor, and designated in the public-

 

private agreement without written approval of the department. User

 

fees and ancillary charges that are intended by the department to

 

apply to lanes managed by the level of user fees to control or

 

manage traffic volume or flow may be increased by more than the

 

consumer price index, as published by the United States bureau of

 

labor statistics, and specified in the public-private agreement. If

 

a user fails to pay the user fee by prior arrangement, and separate

 

billing is required for payment, a reasonable administrative fee

 

may be charged. A user fee may be imposed on a highway only if

 

imposed for the use of highways constructed after the effective

 

date of the amendatory act that added this section, or the use of

 

highways with expanded capacity beyond the highway capacity in

 

place on the effective date of the amendatory act that added this

 

section. User fees and ancillary charges imposed for the use of a

 

public transportation facility in this state are not subject to

 

regulation by any other governmental agency. Nothing in this

 

section allows the conversion of any lanes existing on the

 

effective date of the amendatory act that added this section into

 

tolled or user-fee lanes except that the department may determine

 

which lane of an existing highway is designated for imposition of

 

user fees if the capacity of that highway is expanded.

 

     (4) Compensation paid to the department in connection with a

 

public-private agreement including the department's portion of user

 

fees and ancillary charges imposed for use of a public

 

transportation facility shall be used for transportation purposes.

 

     (5) In accordance with the terms of a public-private

 

agreement, the department or an instrumentality of government shall

 

oversee the activities of a concessionaire carrying out the terms

 

of a public-private agreement. A public-private agreement may

 

provide for the use of arbitration, mediation, or other alternative

 

dispute resolution mechanism for the resolution of disputes between

 

the department and a concessionaire.

 

     (6) This state, including, but not limited to, the department,

 

is not liable for the acts or omissions of the concessionaire or

 

other party to a public-private agreement.

 

     (7) A public-private agreement may permit the conduct of

 

commercial activities at a public transportation facility if the

 

activities are related to the transportation purposes of the

 

facility, to the extent not restricted by applicable law.

 

     (8) Except as otherwise provided in this act, a public-private

 

agreement for a public transportation facility shall impose on the

 

concessionaire the same requirements of law that are imposed in

 

contracts of the department when it contracts directly for the

 

construction or operation of a public transportation facility. A

 

public-private agreement shall establish the amounts for which the

 

concessionaire shall post payment and performance bonds or other

 

security as provided in this subsection. A public-private agreement

 

may authorize a concessionaire for a public transportation facility

 

to provide a letter of credit in lieu of a payment or performance

 

bond. If the department determines that bonds or letters of credit

 

are not reasonably available in sufficient amounts, the department

 

may accept another commercially reasonable form of security,

 

including parent corporation guarantees, to supplement available

 

payment bonds, performance bonds, or letters of credit. The

 

department shall require the posting of sufficient security to

 

fulfill the purposes of a payment and performance bond. In lieu of

 

posting by the concessionaire, or in supplementation of that

 

posting, the department may accept bonds, letters of credit, and

 

other security from entities other than the concessionaire so long

 

as the purposes of a payment and performance bond are fulfilled.

 

     (9) The department may make and enter into all contracts and

 

agreements and take any other action necessary or incidental to the

 

performance of its duties and the execution of its powers under

 

this act and a public-private agreement.

 

     (10) For a public-private agreement that includes an

 

operations phase, the public-private agreement shall require that

 

the public transportation facility revert from the concessionaire

 

to the department at the end of the term of the public-private

 

agreement in a condition specified by the department.

 

     (11) The public-private agreement shall include provisions

 

that address the department's rights to share in refinancing gains

 

received by the concessionaire under the public-private agreement.

 

     (12) The public-private agreement shall include provisions

 

that specify the restrictions imposed on the ability of the

 

concessionaire to sell or transfer its interest in the public-

 

private agreement without the consent of the department.

 

     (13) A public-private agreement shall not delegate the power

 

to condemn property to the concessionaire. A right of way acquired

 

through condemnation that is used for a public transportation

 

facility shall be and remain publicly owned during the term of a

 

public-private agreement.

 

     Sec. 7c. Upon approval by the commission by resolution, the

 

department may create public transportation authorities as separate

 

legal entities within the department that may exercise the powers

 

of the department in regard to public-private agreements under this

 

act, to the extent authorized by an agreement between the

 

department and the public transportation authority. A public

 

transportation authority is an instrumentality of this state that

 

may sue and be sued and enter into contracts, including public-

 

private agreements, to the extent authorized by an agreement with

 

the department. The department is not liable for the acts or

 

omissions of a public transportation authority, except to the

 

extent expressly authorized in an agreement between a public

 

transportation authority and the department. Employees of a public

 

transportation authority are employees of this state, and the

 

authority shall comply with the rules and regulations of the civil

 

service commission. A public transportation authority is an agency

 

of this state entitled to governmental immunity under 1964 PA 170,

 

MCL 691.1401 to 691.1419. The department and a public

 

transportation authority shall comply with all applicable state and

 

federal laws and regulations, including, but not limited to,

 

applicable environmental laws and regulations.

 

     Sec. 7d. (1) The department may solicit proposals or receive

 

unsolicited proposals for a public-private agreement and may charge

 

and use fees to offset the administrative costs of receiving and

 

evaluating proposals. Before receiving a proposal, the department

 

may agree to reimburse a private entity for designated costs

 

incurred in the preparation and presentation of a proposal in

 

return for the right to use any work product contained in the

 

proposal, including, but not limited to, the technologies, methods,

 

processes, and information contained in the material submitted in

 

connection with the proposal. The department has the sole

 

discretion whether, and to what extent, to consider an unsolicited

 

proposal. Before entering into any public-private agreement for a

 

public transportation facility proposed by an unsolicited proposal,

 

the department may amend the proposal and shall solicit competing

 

proposals and enter into any public-private agreement using the

 

factors listed in subsection (5).

 

     (2) In soliciting or selecting a private entity with which to

 

enter into a public-private agreement, the department shall utilize

 

1 or more of the following procurement approaches:

 

     (a) Sealed bidding.

 

     (b) Selection of proposals, with or without negotiations,

 

based on qualifications, development proposals, technical

 

proposals, financial proposals, best value, or any combination of

 

them.

 

     (c) Any competitive selection process that the department

 

determines to be appropriate or reasonable.

 

     (3) The department shall select a private entity or entities

 

for participation in a public-private agreement using a competitive

 

selection process to the extent practicable.

 

     (4) Before selecting a project, the department shall consider

 

all of the following factors:

 

     (a) The ability of the public transportation facility to

 

improve safety or operations, reduce congestion, reduce travel

 

times, increase capacity, enhance environmental quality, promote

 

economic development, or any combination of these or similar

 

factors.

 

     (b) Benefits to the public.

 

     (c) Ability to increase federal or other nonstate revenue to

 

this state.

 

     (5) The department shall consider all of the following factors

 

in evaluating and selecting a bid or proposal to enter into a

 

public-private agreement:

 

     (a) The proposed cost of and financial plan for the public

 

transportation facility.

 

     (b) The general reputation, qualifications, industry

 

experience, safety record, labor record, and financial capacity of

 

the private entity.

 

     (c) The proposed design, operation, and feasibility of the

 

public transportation facility.

 

     (d) To the extent permitted by federal law, the proposed plan

 

of the private entity to hire individuals authorized to work in the

 

United States for work relating to the public transportation

 

facility in this state.

 

     (e) Any other criteria, including prequalification under rules

 

promulgated by the department or through compliance with 1933 PA

 

170, MCL 123.501 to 123.508, that the department considers

 

necessary or appropriate in the best interests of this state or the

 

people of this state.

 

     (6) The department may select multiple private entities with

 

which to enter into public-private agreements for a public

 

transportation facility if it is determined by the department to be

 

in the public interest to do so.

 

     (7) The department may promise to keep trade secrets or

 

proprietary commercial or financial information provided by a

 

private entity confidential only for purposes of seeking or

 

entering into a public private agreement. Upon receipt of a

 

sufficiently detailed request by a private entity, the department

 

shall provide a description of the information to which its promise

 

of confidentiality will extend. Material included in the

 

department's description is not subject to disclosure under the

 

freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

Submission of a solicited or unsolicited proposal constitutes

 

consent for the department to use the information and ideas

 

provided by a private entity for a public transportation facility

 

or for purposes of seeking or entering into a public-private

 

agreement, including to solicit competing proposals unless the

 

department agrees otherwise in a writing executed by the department

 

before the submission.

 

     (8) No action shall lie against the department or another

 

person acting in accordance with a public-private agreement for the

 

use of ideas and information provided by a private entity for

 

purposes of seeking or entering into a public-private agreement.

 

     (9) The department shall perform a cost-benefit analysis

 

including a risk transfer or allocation assessment to determine

 

whether a proposed public-private agreement is the most

 

economically beneficial way for this state to perform the proposed

 

project. The department shall choose an appropriate methodology to

 

utilize in the cost-benefit analysis and shall state the

 

assumptions used in the cost-benefit analysis. The cost-benefit

 

analysis shall include all necessary monitoring and oversight of

 

any private entity by a public entity. The department shall publish

 

the results of the analysis on its website. The legislature shall

 

not approve a public-private agreement under section 7b(1) unless

 

it determines that the public-private agreement is the most

 

economically beneficial way for this state to perform the project,

 

including consideration of whether the agreement reduces risk to

 

this state, including financial risks, compared to other options

 

and financing arrangements.

 

     Sec. 7e. (1) Whether used by the department, another

 

instrumentality of government, or a private entity under a public-

 

private agreement, a public transportation facility, including, but

 

not limited to, real property and tangible personal property used

 

exclusively with a public transportation facility, that is owned by

 

the department or another instrumentality of government is exempt

 

from all ad valorem property taxes and all assessments levied

 

against property by this state or any political subdivision of this

 

state to the same extent that the property owned by the department

 

or instrumentality of government would otherwise be exempt from ad

 

valorem property taxes and assessments.

 

     (2) No person shall by reason of the use of motor fuel within

 

the limits of a public transportation facility authorized by a

 

public-private agreement be exempt from or eligible for a refund of

 

a motor fuel tax imposed by this state or a political subdivision

 

of this state.

 

     (3) Subject to approval from the commission and compliance

 

with applicable federal laws, the department has exclusive

 

authority to determine whether and where to establish a public

 

transportation facility authorized by a public-private agreement

 

and the scope and nature of the facility.

 

     (4) Revenue attributable to a public transportation facility

 

authorized by a public-private agreement that is payable to the

 

department shall be deposited in the state trunk line fund

 

established in section 11 of 1951 PA 51, MCL 247.661, the

 

comprehensive transportation fund established in section 10b of

 

1951 PA 51, MCL 247.660b, or the state aeronautics fund established

 

in section 34 of the aeronautics code of the state of Michigan,

 

1945 PA 327, MCL 259.34, as indicated by the nature of the public

 

transportation facility and provided in the public-private

 

agreement.

 

     Sec. 7f. (1) The department may issue and sell bonds or notes

 

for the purpose of providing funds to carry out the provisions of

 

this act with respect to the development, acquisition,

 

construction, financing, maintenance, or operation of a public

 

transportation facility provided for by a public-private agreement

 

or the refunding of any bonds or notes, together with any costs

 

associated with the transaction.

 

     (2) Any bond or note issued under subsection (1) does not

 

constitute a pledge of the faith and credit or indebtedness of this

 

state or any political subdivision of this state within the meaning

 

or application of any constitutional provision or limitation. A

 

bond or note issued under subsection (1) is payable as to both

 

principal and interest solely from revenues generated from use of

 

the public transportation facility authorized by the public-private

 

agreement, the proceeds of bonds or notes sold to finance the

 

refunding of the outstanding bonds or notes, if any, or investment

 

earnings on the proceeds of the bonds or notes.

 

     (3) The department may retain services and enter into any

 

contracts that are necessary or useful for the issuance and sale of

 

bonds, notes, or other financial instruments under this section.

 

     (4) For the purpose of financing a public transportation

 

facility, this state, the department, the concessionaire, or, to

 

the extent permitted by law, an instrumentality of government may

 

apply for, obtain, issue, and use private activity bonds or other

 

financial instruments available under any state or federal law or

 

program. An instrumentality of government may act as a conduit

 

issuer and transfer the proceeds of private activity bonds or

 

similar financial instruments to a concessionaire if authorized by

 

a public-private agreement. The bonds or instruments shall not

 

pledge the full faith and credit of this state or any political

 

subdivision of this state and shall not be a debt of this state or

 

any political subdivision of this state.

 

     (5) This section does not limit an instrumentality of

 

government's authority to issue bonds or other financial

 

instruments for transportation projects under other laws. A public

 

transportation facility may be financed with funds provided or

 

raised under other laws, including, but not limited to, laws

 

authorizing the sale of bonds.

 

     Sec. 7g. (1) The department may apply for and accept from the

 

United States or any of its agencies, including, but not limited

 

to, a federal infrastructure bank, funds that are available to the

 

department for carrying out a public-private agreement, whether the

 

funds are made available by grant, loan, line of credit, loan

 

guarantee, or other financial assistance.

 

     (2) The department may assent to any federal requirements,

 

conditions, or terms of any federal funding accepted under this

 

section other than a pledge of the full faith and credit of this

 

state or any political subdivision of this state or another

 

requirement, condition, or term prohibited by the state

 

constitution of 1963.

 

     (3) The department may enter into agreements or other

 

arrangements with the United States or any of its agencies as

 

necessary for implementing a public-private agreement.

 

     (4) The department may accept from any source, and use for

 

supporting a public transportation facility authorized by a public-

 

private agreement, any grant, donation, gift, or other form of

 

conveyance of land, money, other real or personal property, or

 

other item of value. A public transportation facility authorized by

 

a public-private agreement may be financed in whole or in part by

 

contribution of any funds or property made by any person or entity.

 

     (5) The department may combine federal, state, local, and

 

private funds to finance a public transportation facility

 

authorized by a public-private agreement.

 

     Sec. 7h. (1) All law enforcement officers of this state and

 

local units of government in which all or part of a public

 

transportation facility authorized by a public-private agreement is

 

located shall have the same powers and jurisdiction within the

 

limits of the public transportation facility as they have in their

 

respective areas of jurisdiction to enforce traffic and motor

 

vehicle laws. Authorized emergency vehicles and occupants of

 

authorized emergency vehicles shall be afforded access to a public

 

transportation facility while in the performance of an official

 

duty without the payment of a user fee or other charge. As used in

 

this subsection, "authorized emergency vehicle" means that term as

 

defined in section 2 of the Michigan vehicle code, 1949 PA 300, MCL

 

257.2.

 

     (2) Punishment for violations of traffic and motor vehicle

 

laws within the limits of a public transportation facility

 

authorized by a public-private agreement shall be as generally

 

prescribed by law.

 

     (3) The public-private agreement shall include provisions

 

relating to the permitted retention and use by the concessionaire

 

of collected data and customer information and shall prohibit the

 

sale or use of that data and information for commercial purposes

 

unrelated to the use of the public transportation facility.

 

Measures and devices to record users of public transportation

 

facilities may be utilized to facilitate the collection of user

 

fees. A recording of the use of a public transportation facility

 

shall not be used or disclosed except under 1 or more of the

 

following circumstances:

 

     (a) In enforcement and collection proceedings under this act

 

to establish the use and failure to pay the user fee imposed for

 

use of that public transportation facility.

 

     (b) Use by a police officer while lawfully enforcing his or

 

her duties as a police officer.

 

     (c) Use to create statistical reports on use of a public

 

transportation facility that do not disclose the identity of

 

specific users of the facility.

 

     (4) A person who fails to pay a user fee imposed for use of a

 

public transportation facility is responsible for a civil

 

infraction and shall pay $50.00 as a civil fine. In addition, the

 

person shall pay the operator of the public transportation facility

 

2 times the amount of the user fee. If that sum remains unpaid to

 

the operator of the public transportation facility for 180 days

 

after the person's use of the public transportation facility, the

 

department, an authority, an instrumentality of government, or a

 

private entity authorized to do so by the department, may bring a

 

civil action against the person to collect the unpaid charges in a

 

court having jurisdiction. If the civil action results in a

 

judgment for unpaid charges, the defendant shall also be required

 

to reimburse the plaintiff for all filing fees incurred by the

 

plaintiff plus $500.00 in compensation for the costs of bringing

 

the civil action.

 

     (5) During the period that a person owes and has failed to pay

 

charges, fees, and costs under subsection (3) or (4), the person

 

and a motor vehicle used by the person may be barred from using the

 

public transportation facility.

 

     (6) Except as provided in section 675b of the Michigan vehicle

 

code, 1949 PA 300, MCL 257.675b, involving leased vehicles, proof

 

that a particular vehicle used a public transportation facility

 

without payment of the applicable user fee, together with proof

 

from the department of state of the name of the vehicle's

 

registered owner, creates a presumption that the vehicle's

 

registered owner was the person who used the public transportation

 

facility, who failed to pay the user fee, and who is prima facie

 

responsible for the unpaid charges. If the conditions of section

 

675b of the Michigan vehicle code, 1949 PA 300, MCL 257.675b, are

 

satisfied, the lessee or renter of a motor vehicle and not the

 

leased vehicle owner is the person liable under this section, for

 

which purposes the entity that gives notice of unpaid charges to

 

the vehicle's registered owner shall be given the notice that would

 

otherwise be given to the clerk of the court or parking violations

 

bureau under section 675b of the Michigan vehicle code, 1949 PA

 

300, MCL 257.675b.

 

     (7) The owner of a vehicle alleged to have used a public

 

transportation facility without paying an applicable user fee may

 

assert as an affirmative defense that the vehicle in question, at

 

the time of the use of the public transportation facility, was in

 

the possession of a person whom the owner had not knowingly

 

permitted to operate the vehicle.

 

     Sec. 7i. Notwithstanding any other provision of this act, if

 

federal funds are used for a public transportation facility, the

 

applicable federal law or rules control if they conflict with this

 

act.

 

     Sec. 10. Documents and instruments of any kind authorized to

 

be issued or executed by the commission shall be issued or executed

 

in the name of the "Michigan state highway transportation

 

commission" by the chairman chairperson of the commission, or to

 

the extent expressly authorized by bylaw or resolution, by the vice

 

chairman chairperson, other member, the director, or other

 

subordinate. Documents or instruments which that convey interests

 

or rights in land shall be executed by the chairman or vice

 

chairman and the director or a deputy director an employee of the

 

department designated by the commission.director.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.