Bill Text: MI HB6151 | 2009-2010 | 95th Legislature | Engrossed
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-Engrossed.html
HB-6151, As Passed Senate, July 28, 2010
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 6151
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,"
by amending the title and section 10k (MCL 247.660k), the title as
amended by 2004 PA 384 and section 10k as amended by 2006 PA 82,
and by adding section 10p.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
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.
Sec. 10k. (1) Transportation purposes as provided in this act
include provisions for facilities and services for nonmotorized
transportation. including
bicycling.
(2) Of the funds allocated from the Michigan transportation
fund to the state trunk line fund and to the counties, cities, and
villages, a reasonable amount, but not less than 1% of those funds
shall be expended for construction or improvement of nonmotorized
transportation services and facilities.
(3)
An improvement in a road, street, or highway which that
meets accepted practices or established best practices and
facilitates
nonmotorized transportation by such
as the paving of
unpaved road shoulders, the widening of lanes, the addition or
improvement of a sidewalk in a city or village, or any other
appropriate measure shall be considered to be a qualified
nonmotorized facility for the purposes of this section.
(4) Units of government need not meet the provisions of this
section
annually, provided if the requirements are met as an
average
over a reasonable period of years, beginning with 1978, not
to exceed 10.
(5) The state transportation department or a county, city, or
village receiving money from the Michigan transportation fund
annually
shall prepare and submit a 5-year program for the
improvement of qualified nonmotorized facilities which when
implemented would result in the expenditure of an amount equal to
at least 1% of the amount distributed to the state transportation
department or the county, city, or village, whichever is
appropriate, from the Michigan transportation fund in the previous
calendar year, multiplied by 10, less the accumulated total
expenditures by the state transportation department or the county,
city, or village for qualified nonmotorized facilities in the
immediately
preceding 5 calendar years. A county
, shall notify the
state transportation department and each municipality in the county
when the county completes preparation of its 5-year program under
this subsection. A city or village shall notify the state
transportation department and the county where the city or village
is located when the city or village completes preparation of its 5-
year program under this subsection. The department shall notify
each affected county, city, or village when the department
completes
preparation of its 5-year program. A city , or village
receiving money from the Michigan transportation fund shall consult
with
the state transportation development region where the county,
city,
or village is located in its department
or county in the
city's
or village's preparation and
submittal of the 5-year program
under this subsection when planning a nonmotorized project
affecting a facility under the jurisdiction of the state
transportation department or county. A county receiving money from
the Michigan transportation fund shall consult with the state
transportation department or a city or village when planning a
nonmotorized project affecting a transportation facility under the
jurisdiction of the state transportation department or the city or
village. The department shall consult with a county, city, or
village when planning a nonmotorized project affecting a
transportation facility within the county, city, or village.
(6) Facilities for nonmotorized transportation including those
that contribute to complete streets as defined in section 10p may
be established in conjunction with or separate from already
existing highways, roads, and streets and shall be established when
a highway, road, or street is being constructed, reconstructed, or
relocated, unless:
(a) The cost of establishing the facilities would be
disproportionate to the need or probable use.
(b) The establishment of the facilities would be contrary to
public safety or state or federal law.
(c) Adequate facilities for nonmotorized transportation
already exist in the area.
(d)
Matching funds are not available through the department of
natural
resources or other state, local, or federal government
sources.
(d) (e)
The previous expenditures and
projected expenditures
for nonmotorized transportation facilities for the fiscal year
exceed 1% of that unit's share of the Michigan transportation fund,
in which case additional expenditures shall be discretionary.
(7) The state transportation department may provide
information and assistance to county road commissions, cities, and
villages on the planning, design, and construction of nonmotorized
transportation facilities and services.
Sec. 10p. (1) As used in this section:
(a) "Complete streets" means roadways planned, designed, and
constructed to provide appropriate access to all legal users in a
manner that promotes safe and efficient movement of people and
goods whether by car, truck, transit, assistive device, foot, or
bicycle.
(b) "Complete streets policy" means a document that provides
guidance for the planning, design, and construction of roadways or
an interconnected network of transportation facilities being
constructed or reconstructed and designated for a transportation
purpose that promotes complete streets and meets all of the
following requirements:
(i) Is sensitive to the local context and recognizes that needs
vary according to urban, suburban, and rural settings.
(ii) Considers the functional class of the roadway and project
costs and allows for appropriate exemptions.
(iii) Considers the varying mobility needs of all legal users of
the roadway, of all ages and abilities.
(c) "Department" means the state transportation department.
(d) "Local road agency" means that term as defined in section
9a.
(e) "Municipality" means a city, village, or township.
(2) The state transportation commission shall do both of the
following by not later than 2 years after the effective date of the
amendatory act that added this section:
(a) Adopt a complete streets policy for the department.
House Bill No. 6151 as amended July 28, 2010
(b) Develop a model complete streets policy or policies to be
made available for use by municipalities and counties.
(3) Before a municipality approves any project in its
multiyear capital program that affects a roadway or transportation
facility under the jurisdiction of the state transportation
department or within or under the jurisdiction of a county or
another municipality, it shall consult with the affected agency and
agree on how to address the respective complete streets policies,
subject to each agency's powers and duties. Before the department
submits its multiyear capital plan to the commission or a county
road agency approves its multiyear capital plan, for any project
that affects a roadway or transportation facility within or under
the jurisdiction of a municipality, the department or county road
agency shall consult with the municipality and agree on how to
address the respective complete streets policies, subject to each
agency's powers and duties. <<Failure to come to an agreement shall not
prevent the department from submitting its multiyear capital plan to the commission.>> This subsection does not apply under
any of the following circumstances:
(a) If neither the agency proposing the project nor the
affected agency has a complete streets policy.
(b) If the project was included in a municipality's multiyear
capital program or the department's or a county's multiyear capital
plan on July 1, 2010.
(4) The department may provide assistance to and coordinate
with local agencies in developing and implementing complete streets
policies. The department shall share expertise in nonmotorized and
multimodal transportation planning in the development of trunk line
projects within municipal boundaries.
(5) The department, local road agencies, and municipalities
may enter into agreements with each other providing for maintenance
of transportation facilities constructed to implement a complete
streets policy.
(6) A complete streets advisory council is created within the
department. The advisory council shall consist of the following
members appointed by the governor:
(a) The director of the state transportation department or his
or her designee.
(b) The director of the department of community health or his
or her designee.
(c) The director of the department of state police or his or
her designee.
(d) One individual representing the state transportation
commission.
(e) One individual representing environmental organizations.
(f) One individual representing planning organizations.
(g) One individual representing organizations of disabled
persons.
(h) One individual representing road commission organizations.
(i) One individual representing public transit users
organizations.
(j) One licensed professional engineer or traffic engineer.
(k) One individual representing the Michigan municipal league.
(l) One individual representing the AARP.
(m) One individual representing the league of Michigan
bicyclists.
(n) One individual representing a pedestrian organization.
(o) One individual representing the Michigan public transit
association.
(p) One individual representing the Michigan townships
association.
(q) As nonvoting members, the director of the department of
natural resources and environment or his or her designee, the
executive director of the Michigan state housing development
authority or his or her designee, and the heads of such other state
departments and agencies, as the governor considers appropriate, or
their designees.
(7) The members first appointed to the advisory council shall
be appointed within 60 days after the effective date of this
section. Members of the advisory council shall serve for terms of 3
years or until a successor is appointed, whichever is later, except
that of the members first appointed 3 shall serve for 1 year, 3
shall serve for 2 years, and 3 shall serve for 3 years. If a
vacancy occurs on the advisory council, the governor shall make an
appointment for the unexpired term in the same manner as the
original appointment. The governor may remove a member of the
advisory council for incompetency, dereliction of duty,
malfeasance, misfeasance, or nonfeasance in office, or any other
good cause.
(8) The first meeting of the advisory council shall be called
by the director of the state transportation department. At the
first meeting, the advisory council shall elect from among its
members a chairperson, vice-chairperson, secretary, and other
officers as it considers necessary or appropriate. After the first
meeting and before 2018, the advisory council shall meet at least
quarterly, or more frequently at the call of the chairperson or if
requested by 3 or more members. A majority of the members of the
advisory council constitute a quorum for the transaction of
business at a meeting of the advisory council. The affirmative vote
of a majority of the members are required for official action of
the advisory council.
(9) The business that the advisory council may perform shall
be conducted at a public meeting of the advisory council held in
compliance with the open meetings act, 1976 PA 267, MCL 15.261 to
15.275. A writing prepared, owned, used, in the possession of, or
retained by the advisory council in the performance of an official
function is subject to the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(10) Members of the advisory council shall serve without
compensation. However, members of the advisory council may be
reimbursed for their actual and necessary expenses incurred in the
performance of their official duties as members of the advisory
council.
(11) The advisory council shall do all of the following:
(a) Provide education and advice to the state transportation
commission, county road commissions, municipalities, interest
groups, and the public on the development, implementation, and
coordination of complete streets policies.
(b) By December 30, 2011, and each calendar year thereafter,
report to the governor, the state transportation commission, and
House Bill No. 6151 as amended July 28, 2010
the legislature on the status of complete streets policies in this
state. The report shall contain a summary of the advisory council's
proceedings<<, a statement of instances in which the department and a
municipality were unable to agree under subsection (3) on a department project affecting a roadway or transportation facility within or under the jurisdiction of the municipality,>> and any other necessary or useful information and any
additional information that may be requested by the governor.
(c) Advise the state transportation commission on the adoption
of model policies under subsection (2).
