Bill Text: MI HB6151 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Transportation; other; complete street policy; create and implement. Amends title & sec. 10k of 1951 PA 51 (MCL 247.660k) & adds sec. 10p.
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Passed) 2010-08-04 - Assigned Pa 135'10 With Immediate Effect [HB6151 Detail]
Download: Michigan-2009-HB6151-Introduced.html
HOUSE BILL No. 6151
May 6, 2010, Introduced by Reps. Switalski, Byrnes, Leland, Liss, Bledsoe, Wayne Schmidt, Donigan, Lisa Brown, Tlaib, Gonzales, Young, Robert Jones and Roberts 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 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,"
(MCL 247.651 to 247.675) by adding section 10p.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10p. (1) As used in this section:
(a) "Complete street" means a roadway or an interconnected
network of transportation facilities that accommodates all users of
all ages and abilities, and that enables all users to use the
roadway safely and efficiently.
(b) "Complete streets policy" means a state or local law,
ordinance, or policy that ensures both of the following:
(i) The adequate accommodation, in all phases of project
planning, development, construction, maintenance, and operation of
all users of the transportation system, including, but not limited
to, pedestrians, bicyclists, public transit users, children, older
individuals, motorists, and individuals with disabilities.
(ii) The consideration of the safety and convenience of all
users in all phases of project planning and development. The
department shall provide assistance to and coordinate with local
road agencies and metropolitan planning organizations in developing
complete streets policies.
(2) Except as otherwise provided in this section, the
department, local road agencies, and municipalities that receive
appropriations under this act shall adopt complete streets
policies. The department and local road agencies shall adopt
complete streets policies no later than 2 years after the effective
date of the amendatory act that added this section. The department
and local road agencies and municipalities shall adhere to the
adopted complete streets policy of the political jurisdiction
within which the project is located in all phases of project
planning and development.
(3) The complete streets policy described in subsection (2)
shall do all of the following:
(a) Except as provided in subsection (4), apply to new road
construction and road preservation projects.
(b) Indicate that the safe and convenient travel by all users
on or across streets shall be fully assessed, considered, and
documented as a routine element of pavement resurfacing projects
and improvements.
(c) Comply with applicable design standards or guidance,
particularly standards or guidance relating to providing access for
individuals with disabilities as prescribed under applicable state
and federal law.
(d) Require consideration of the urban, suburban, or rural
context in which a project is located, using the state
transportation department's context sensitive solutions guidelines.
(e) Include procedures for the state and local units of
government to coordinate on planning efforts to consider complete
street options. The goals of the department's or local road
agency's complete streets policy shall be consistent with a local
governmental unit's master plan or local ordinance. The department
shall include staff with expertise in nonmotorized and multi-modal
transportation planning in development of projects on non-limited-
access trunk line projects within municipal boundaries.
(4) A complete streets policy shall allow for a project-
specific exemption from an applicable complete streets policy only
if the project-specific exemption is approved by either the
metropolitan planning organization that approved the transportation
improvement program containing the exempted project or the state
transportation department. If a project for which neither the
metropolitan planning organization nor the state transportation
department is the agency with primary transportation planning
authority, the regional, county, or city agency responsible for
planning and approval of the project may approve the project-
specific exemption. The exemption shall require both of the
following:
(a) Documentation that indicates the basis for the exemption.
(b) One or more of the following criteria are met:
(i) An affected roadway prohibits by state or federal law the
use of the roadway by specified users.
(ii) The cost to the exempted project in achieving compliance
with the applicable complete streets policy would be excessively
disproportionate, as compared to the need or probable use of a
particular complete street. A demonstration that the cost of
compliance would be greater than 20% of the total project cost is a
demonstration that the cost would be excessively disproportionate.
(iii) The extent of the area to which population and employment
densities or level of transit service around a particular roadway
or facility is so low, that there is a documented absence of a need
to implement the applicable complete streets policy.
(5) The department shall create a complete streets advisory
council to assist local road agencies and municipalities with
implementation of complete streets policies. The duties of the
advisory council shall include, but are not limited to, advising
appropriate agencies of the state on complete streets policies,
programs, and facilities and promoting complete streets programs
and facilities in the state. The advisory council shall terminate
10 years from the date of its creation.
(6) The members of the complete streets advisory council shall
be appointed by the governor and shall serve without compensation.
The members of the council shall include the following:
(a) The director of the department of transportation or his or
her designee.
(b) The director of the department of community health or his
or her designee.
(c) One representative of the state transportation commission.
(d) One representative of environmental organizations.
(e) One representative of planning organizations.
(f) One representative of disabled organizations.
(g) One representative of road commission organizations.
(h) One representative of public transit users organizations.
(i) One representative of road construction organizations.
(j) One representative from the Michigan municipal league.
(k) One representative from the AARP.
(l) One representative from the league of Michigan bicyclists.
(m) One representative from a pedestrian organization.
(7) The term of office of each member of the advisory council
shall be 3 years, except that of the members first appointed 3
shall be appointed for a term of 1 year, 3 shall be appointed for a
term of 2 years, and 3 shall be appointed for a term of 3 years. A
member appointed to fill a vacancy occurring other than by
expiration of a term shall be appointed for the unexpired term.
(8) At the advisory council's first meeting, the council shall
elect from among its members a chairperson, a vice-chairperson, and
a secretary to serve for 1 year and shall annually elect officers
after the first election. No action shall be taken by the
commission by less than a majority of its members. The advisory
council shall establish a schedule, location, and agenda for its
meetings. Meetings shall be held at least 4 times per year. No
later than December 30, 2011, and each calendar year after that,
the advisory council shall report to the governor, the state
transportation commission, and the legislature on the status of
complete streets policies in Michigan. The report shall contain a
summary of the advisory council's proceedings and any other
necessary or useful information and any additional information that
may be requested by the governor.
(9) Local road agencies and municipalities may enter into
contracts with each other providing for maintenance of streets
under this section.
