Bill Text: MI HB5097 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Counties; boards and commissions; permit fee required for a government entity or telecommunication provider working within a county right-of-way; clarify limits, and clarify bonding and insurance requirements for telecommunication providers working within a county right-of-way. Amends sec. 19b, ch. IV of 1909 PA 283 (MCL 224.19b).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-04-10 - Assigned Pa 97'18 With Immediate Effect [HB5097 Detail]
Download: Michigan-2017-HB5097-Introduced.html
HOUSE BILL No. 5097
October 12, 2017, Introduced by Reps. Griffin, Hoitenga, Iden and Phelps and referred to the Committee on Communications and Technology.
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 amended by
2016 PA 456.
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
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, under the authority
conferred by section 29 of article VII of the 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 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 subsections
(6) and (7), 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 must 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 as provided in
this
section,
separate procedures and fee schedules shall must be
adopted
for the issuance of issuing
annual and emergency permits
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 to
the road and the adjacent right-of-way to a condition reasonably
equal
to or better than that existing prior to such before that
installation. nor
may a
(5) A county road commission shall not require a provider to
perform or pay for any topographic, boundary, environmental, or
other kind of survey, study, inspection, or analysis of a right-of-
way as a condition of or in connection with issuing a permit.
(6) A county road commission shall not charge a government
entity or a provider a permit fee exceeding $300.00 per permit or,
except as otherwise provided in subsection (7), $1,000.00 total for
all permits per project.
(7) A county road commission shall not require a provider to
obtain a permit for performing routine maintenance or repair work
in a right-of-way more than once a year, and shall not charge a
provider an annual permit fee exceeding $300.00 for that permit for
performing routine maintenance or repair work in a right-of-way.
The annual permit fee provided in this subsection is not included
in the permit fee limitation provided in subsection (6).
(8) (5)
This section does not authorize a
county road
commission to require a permit for an activity that is otherwise
permissible under the laws of this state. A county road commission
shall not be held liable for the failure of a person performing
work for which a permit is not required on a county road right-of-
way to post a sign that gives advance warning of the work being
performed in the right-of-way.
(9) Subject to this subsection, a county road commission shall
not require a provider to have more than 1 security bond or right-
of-way bond from a state or federally regulated entity to secure
the performance of the conditions of all permits issued that
authorize the provider to construct, operate, maintain, or remove a
facility or perform any other work anywhere within the right-of-way
of any road under the jurisdiction of the county road commission.
The provider shall determine whether the security bond or right-of-
way bond described in this subsection is an insurance bond or a
cash bond. A county road commission shall not require the security
bond or right-of-way bond to be a cash bond. The amount of a
security bond or right-of-way bond described in this subsection
must not exceed $20,000.00. Upon the request of a provider, the
county road commission shall return a security bond or right-of-way
bond to the provider within 60 days after the provider completes
construction work in the right-of-way. Instead of providing a
security bond or right-of-way bond, a provider may provide security
that consists of an irrevocable letter of credit issued by a state
or federally regulated financial institution to secure the
performance of the conditions of all permits issued that authorize
the provider to construct, operate, maintain, or remove a facility
or perform any other work anywhere within the right-of-way of any
road under the jurisdiction of the county road commission.
(10) A provider shall maintain 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 provider's
use and occupancy of a right-of-way under the jurisdiction of a
county road commission. The county road commission shall not
require the provider to furnish a policy of general liability
insurance naming the county, the county road commission, its
officers, employees, and others as additional insureds.
(11) As used in this section:
(a) "County road commission" means the board of county road
commissioners elected or appointed pursuant to section 6 of this
chapter, 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 this chapter, county road
commission includes the county board of commissioners of the
county.
(b) "Provider" means either of the following:
(i) A telecommunication provider as that term is defined in
section 102 of the Michigan telecommunications act, 1991 PA 179,
MCL 484.2102.
(ii) A video service provider as that term is defined in
section 1 of the uniform video services local franchise act, 2006
PA 480, MCL 484.3301.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
