Bill Text: MI HB5098 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Public utilities; electric utilities; relocation of facilities; require certain notifications and procedures. Amends sec. 13 of 1925 PA 368 (MCL 247.183).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 565'18 With Immediate Effect [HB5098 Detail]
Download: Michigan-2017-HB5098-Engrossed.html
HB-5098, As Passed Senate, December 19, 2018
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5098
A bill to amend 1925 PA 368, entitled
"An act to prohibit obstructions and encroachments on public
highways, to provide for the removal thereof, to prescribe the
conditions under which telegraph, telephone, power, and other
public utility companies, cable television companies and
municipalities may enter upon, construct and maintain telegraph,
telephone, power or cable television lines, pipe lines, wires,
cables, poles, conduits, sewers and like structures upon, over,
across or under public roads, bridges, streets and waters and to
provide penalties for the violation of this act,"
by amending section 13 (MCL 247.183), as amended by 2005 PA 103.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 13. (1) Except as otherwise provided under subsection
(2), telegraph, telephone, power, and other public utility
companies, cable television companies, broadband companies, and
municipalities may enter upon, construct, and maintain telegraph,
telephone,
or power lines, pipe lines, pipelines,
wires, cables,
poles, conduits, sewers or similar structures upon, over, across,
or under any public road, bridge, street, or public place,
including, longitudinally within limited access highway rights-of-
way, and across or under any of the waters in this state, with all
necessary erections and fixtures for that purpose. A telegraph,
telephone, power, and other public utility company, cable
television company, broadband company, and municipality, before any
of this work is commenced, shall first obtain the consent of the
governing body of the city, village, or township through or along
which these lines and poles are to be constructed and maintained.
(2)
A utility as defined in 23 CFR 645.105(m) 645.105 may
enter upon, construct, and maintain utility lines and structures,
including
pipe lines, pipelines, longitudinally within limited
access highway rights-of-way and under any public road, street, or
other subsurface that intersects any limited access highway at a
different grade, in accordance with standards approved by the state
transportation commission and the Michigan public service
commission that conform to governing federal laws and regulations
and is not required to obtain the consent of the governing body of
the city, village, or township as required under subsection (1).
The
standards shall must require that the lines and structures be
underground and be placed in a manner that will not increase
highway maintenance costs for the state transportation department.
The standards may provide for the imposition of a reasonable charge
for longitudinal use of limited access highway rights-of-way. The
imposition of a reasonable charge is a governmental function,
offsetting a portion of the capital, maintenance, and permitting
expense of the limited access highway, and is not a proprietary
function.
The charge shall must be calculated to reflect a 1-time
installation
permit fee that shall does
not exceed $1,000.00 per
mile of longitudinal use of limited access highway rights-of-way
with a minimum fee of $5,000.00 per permit. If the 1-time
installation permit fee does not cover the reasonable and actual
costs to the department in issuing the permit, the department may
assess the utility for the remaining balance. All revenue received
under
this subsection shall must
be used for capital and
maintenance expenses incurred for limited access highways,
including the cost of issuing the permit.
(3) If a city, village, township, county, or county road
commission or the state transportation department requests or
requires an entity holding a license under the Michigan
telecommunications act, 1991 PA 179, MCL 484.2101 to 484.2603, or
holding a franchise under the uniform video services local
franchise act, 2006 PA 480, MCL 484.3301 to 484.3315, to relocate
facilities, the city, village, township, county, or county road
commission or the state transportation department may require the
entity to obtain a permit for the relocation of the facilities but
shall waive any permit fees including, but not limited to, any
permit fee under subsection (2). This subsection does not apply if
the request to relocate facilities was due to an entity placing
facilities in a location not authorized by a current or previous
permit.
(4) (3)
A person engaged in the collection
of traffic data or
the provision of travel-related information or assistance may enter
upon, construct, and maintain electronic devices and related
structures within limited access and other highway rights-of-way in
accordance with standards approved by the state transportation
commission that conform to governing federal laws and regulations.
The
standards shall must require that the devices and structures be
placed in a manner that will not impede traffic and will not
increase maintenance costs for the state transportation department.
The state transportation department may enter into agreements to
authorize the use of property acquired for or designated as a
highway or acquired for or designated for ancillary purposes for
the installation, operation, and maintenance of commercial or
noncommercial electronic devices and related structures for the
collection of traffic data or to assist in providing travel-related
information or assistance to motorists who subscribe to travel-
related services, the public, or the department. Any revenue
generated
by the agreements shall must
be deposited in the state
trunk line fund established under section 11 of 1951 PA 51, MCL
247.661. The department may accept facilities or in-kind services
to be used for public purposes in lieu of, or in addition to,
monetary compensation.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
