Bill Text: MI SB0185 | 2011-2012 | 96th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Appropriations; zero budget; department of transportation; provide for fiscal year 2011-2012. Creates appropriation act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2011-05-26 - For Final Disposition Of Budget, See Hb 4526 [SB0185 Detail]

Download: Michigan-2011-SB0185-Engrossed.html

SB-0185, As Passed Senate, April 27, 2011

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 185

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to make appropriations for the state transportation

 

department and certain transportation purposes for the fiscal year

 

ending September 30, 2012; to provide anticipated appropriations

 

for the fiscal year ending September 30, 2013; to provide for the

 

imposition of fees; to provide for reports; to create certain funds

 

and programs; to prescribe requirements for certain railroad and

 

bus facilities; to prescribe certain powers and duties of certain

 

state departments and officials and local units of government; and

 

to provide for the expenditure of the appropriations.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

FOR FISCAL YEAR 2011-2012

 

     Sec. 101. Subject to the conditions set forth in this act, the

 


amounts listed in this part are appropriated for the state

 

transportation department and certain state purposes designated in

 

this act for the fiscal year ending September 30, 2012, from the

 

funds indicated in this part. The following is a summary of the

 

appropriations in this part:

 

STATE TRANSPORTATION DEPARTMENT

 

APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........ 3,043.3

 

GROSS APPROPRIATION.................................... $  3,312,770,700

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         3,451,500

 

ADJUSTED GROSS APPROPRIATION........................... $  3,309,319,200

 

   Federal revenues:

 

DOT, federal transit act...............................        61,985,000

 

DOT, federal aviation administration...................        94,090,600

 

DOT-FHWA, highway research, planning, and construction.     1,082,019,600

 

DOT-FRA, local rail service assistance.................           100,000

 

DOT-FRA, rail passenger/HSGT...........................         3,000,000

 

Total federal revenues.................................     1,241,195,200

 

   Special revenue funds:

 

Local funds............................................        53,968,500

 

Total local revenues...................................        53,968,500

 

Total private revenues.................................                 0

 

Blue Water Bridge fund.................................        16,980,700

 

Comprehensive transportation fund......................       224,494,100

 


Economic development fund..............................        41,819,000

 

Intercity bus equipment fund...........................           200,000

 

IRS debt service rebate................................         7,523,500

 

Local bridge fund......................................        30,514,300

 

Michigan transportation fund...........................       974,103,300

 

Rail freight fund......................................         2,000,000

 

State aeronautics fund.................................        14,537,700

 

State trunkline fund...................................       701,982,900

 

Total other state restricted revenues..................     2,014,155,500

 

State general fund/general purpose..................... $              0

 

   Sec. 102. DEBT SERVICE

 

State trunkline........................................ $    247,449,700

 

Economic development...................................         9,174,600

 

Local bridge fund......................................         3,261,800

 

Blue Water Bridge......................................         4,115,000

 

Airport safety and protection plan.....................         3,473,500

 

Comprehensive transportation...........................        19,998,800

 

GROSS APPROPRIATION.................................... $    287,473,400

 

    Appropriated from:

 

   Federal revenues:

 

DOT-FHWA, highway research, planning, and construction.        53,434,300

 

   Special revenue funds:

 

Blue Water Bridge fund.................................         4,115,000

 

Comprehensive transportation fund......................        19,998,800

 

Economic development fund..............................         9,174,600

 

IRS debt service rebate................................         7,523,500

 

Local bridge fund......................................         3,261,800

 


State aeronautics fund.................................         3,473,500

 

State trunkline fund...................................       186,491,900

 

State general fund/general purpose..................... $              0

 

   Sec. 103. INTERDEPARTMENT AND STATUTORY CONTRACTS

 

MTF grant to department of environmental quality.......   $     1,165,900

 

MTF grant to department of state for collection of

 

   revenue and fees.....................................        20,000,000

 

MTF grant to department of treasury....................         8,379,000

 

MTF grant to legislative auditor general...............           204,300

 

STF grant to department of attorney general............         2,817,500

 

STF grant to civil service commission..................         5,697,000

 

STF grant to department of technology, management,

 

   and budget...........................................         1,388,000

 

STF grant to department of state police................        10,586,900

 

STF grant to department of treasury....................           131,600

 

STF grant to legislative auditor general...............           474,600

 

SAF grant to department of attorney general............           165,900

 

SAF grant to civil service commission..................           150,000

 

SAF grant to department of technology, management,

 

   and budget...........................................            40,100

 

SAF grant to department of treasury....................            74,500

 

SAF grant to legislative auditor general...............            19,600

 

CTF grant to attorney general..........................           177,200

 

CTF grant to civil service commission..................           200,000

 

CTF grant to department of technology, management,

 

   and budget...........................................            44,000

 

CTF grant to department of treasury....................             7,600

 


CTF grant to legislative auditor general...............            25,200

 

GROSS APPROPRIATION.................................... $     51,748,900

 

    Appropriated from:

 

   Special revenue funds:

 

Comprehensive transportation fund......................           454,000

 

Michigan transportation fund...........................        29,749,200

 

State aeronautics fund.................................           450,100

 

State trunkline fund...................................        21,095,600

 

State general fund/general purpose..................... $              0

 

   Sec. 104. EXECUTIVE DIRECTION

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........... 31.3

 

Unclassified salaries.................................. $        602,800

 

Asset management council...............................         1,626,400

 

Commission audit--31.3 FTE positions...................         2,971,800

 

GROSS APPROPRIATION  ..................................         5,201,000

 

    Appropriated from:

 

   Special revenue funds:

 

Michigan transportation fund...........................         1,626,400

 

State trunkline fund...................................         3,574,600

 

State general fund/general purpose..................... $              0

 

   Sec. 105. BUSINESS SUPPORT

 

   Full-time equated classified positions........... 58.0

 

Business support services--49.0 FTE positions.......... $      6,215,900

 

Economic development and enhancement programs--9.0

 

   FTE positions........................................         1,219,800

 

Property management....................................         7,915,000

 


Worker's compensation..................................         1,760,600

 

GROSS APPROPRIATION.................................... $     17,111,300

 

    Appropriated from:

 

   Special revenue funds:

 

Comprehensive transportation fund......................         1,590,300

 

Economic development fund..............................           381,000

 

Michigan transportation fund...........................           213,700

 

State aeronautics fund.................................           603,900

 

State trunkline fund...................................        14,322,400

 

State general fund/general purpose..................... $              0

 

   Sec. 106. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $      28,335,000

 

GROSS APPROPRIATION.................................... $     28,335,000

 

    Appropriated from:

 

   Federal revenues:

 

DOT-FHWA, highway research, planning, and construction.           520,500

 

   Special revenue funds:

 

Blue Water Bridge fund.................................            48,400

 

Comprehensive transportation fund......................           195,900

 

Economic development fund..............................            37,200

 

Michigan transportation fund...........................           258,800

 

State aeronautics fund.................................           152,900

 

State trunkline fund...................................        27,121,300

 

State general fund/general purpose..................... $              0

 

   Sec. 107. FINANCE, CONTRACTS AND SUPPORT SERVICES

 

   Full-time equated classified positions.......... 277.5

 

Financial operations--114.0 FTE positions.............. $     10,874,500

 


Contract services--53.6 FTE positions..................         4,853,600

 

Departmental services--41.9 FTE positions..............         5,098,500

 

Performance excellence--13.0 FTE positions.............         1,427,400

 

Welcome center operations--55.0 FTE positions..........         3,959,400

 

GROSS APPROPRIATION.................................... $     26,213,400

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG for accounting service center user charges.........         3,451,500

 

   Special revenue funds:

 

Michigan transportation fund...........................         1,976,900

 

State trunkline fund...................................        20,785,000

 

State general fund/general purpose..................... $              0

 

   Sec. 108. TRANSPORTATION PLANNING

 

   Full-time equated classified positions.......... 176.0

 

Statewide planning services--124.0 FTE positions....... $     14,533,700

 

Data collection services--52.0 FTE positions...........         6,887,700

 

Specialized planning services and local studies........        16,504,800

 

Grants to regional planning councils...................           488,800

 

GROSS APPROPRIATION.................................... $     38,415,000

 

    Appropriated from:

 

   Federal revenues:

 

DOT-FHWA, highway research, planning, and construction.        22,000,000

 

   Special revenue funds:

 

Comprehensive transportation fund......................           960,300

 

Michigan transportation fund...........................         6,304,500

 

State aeronautics fund.................................            15,000

 

State trunkline fund...................................         9,135,200

 


State general fund/general purpose..................... $              0

 

   Sec. 109. DESIGN AND ENGINEERING SERVICES

 

   Full-time equated classified positions........ 1,491.8

 

Engineering services--799.1 FTE positions.............. $     66,623,300

 

Program services--680.7 FTE positions..................        39,482,700

 

Intelligent transportation systems operations--12.0

 

   FTE positions........................................        10,579,200

 

GROSS APPROPRIATION.................................... $    116,685,200

 

    Appropriated from:

 

   Federal revenues:

 

DOT-FHWA, highway research, planning, and construction.        23,529,800

 

   Special revenue funds:

 

Michigan transportation fund...........................         6,828,400

 

State trunkline fund...................................        86,327,000

 

State general fund/general purpose..................... $              0

 

   Sec. 110. HIGHWAY MAINTENANCE

 

   Full-time equated classified positions.......... 837.7

 

State trunkline operations--837.7 FTE positions........ $     267,017,700

 

GROSS APPROPRIATION.................................... $    267,017,700

 

    Appropriated from:

 

   Special revenue funds:

 

State trunkline fund...................................       267,017,700

 

State general fund/general purpose..................... $              0

 

   Sec. 111. ROAD AND BRIDGE PROGRAMS

 

State trunkline federal aid and road and bridge

 

   construction......................................... $    842,310,000

 

Local federal aid and road and bridge construction.....       240,443,000

 


Grants to local programs...............................        33,000,000

 

Rail grade crossing....................................         3,000,000

 

Local bridge program...................................        27,252,500

 

County road commissions................................       570,598,400

 

Cities and villages....................................       318,134,200

 

GROSS APPROPRIATION.................................... $  2,034,738,100

 

    Appropriated from:

 

   Federal revenues:

 

DOT-FHWA, highway research, planning, and construction.       982,535,000

 

   Special revenue funds:

 

Local funds............................................        30,000,000

 

Blue Water Bridge fund.................................         7,107,300

 

Local bridge fund......................................        27,252,500

 

Michigan transportation fund...........................       924,732,600

 

State trunkline fund...................................        63,110,700

 

State general fund/general purpose..................... $              0

 

   Sec. 112. BLUE WATER BRIDGE

 

   Full-time equated classified positions........... 41.0

 

Blue Water Bridge operations--41.0 FTE positions....... $       5,710,000

 

GROSS APPROPRIATION.................................... $      5,710,000

 

    Appropriated from:

 

   Special revenue funds:

 

Blue Water Bridge fund.................................         5,710,000

 

State general fund/general purpose..................... $              0

 

   Sec. 113. TRANSPORTATION ECONOMIC DEVELOPMENT FUND

 

Forest roads........................................... $      5,000,000

 

Rural county urban system..............................         2,500,000

 


Target industries/economic redevelopment...............         8,113,200

 

Urban county congestion................................         8,306,500

 

Rural county primary...................................         8,306,500

 

GROSS APPROPRIATION.................................... $     32,226,200

 

    Appropriated from:

 

   Special revenue funds:

 

Economic development fund..............................        32,226,200

 

State general fund/general purpose..................... $              0

 

   Sec. 114. AERONAUTICS AND FREIGHT SERVICES

 

   Full-time equated classified positions........... 84.0

 

Airport improvement services--30.0 FTE positions....... $      3,021,900

 

Aviation services--26.0 FTE positions..................         4,193,900

 

Freight and safety services--28.0 FTE positions........         3,853,900

 

Air service program....................................           100,000

 

GROSS APPROPRIATION.................................... $     11,169,700

 

    Appropriated from:

 

   Special revenue funds:

 

Comprehensive transportation fund......................         1,667,400

 

Michigan transportation fund...........................         2,186,500

 

State aeronautics fund.................................         7,315,800

 

State general fund/general purpose..................... $              0

 

   Sec. 115. PUBLIC TRANSPORTATION SERVICES

 

   Full-time equated classified positions .......... 46.0

 

Passenger transportation services--46.0 FTE positions.. $       6,093,400

 

GROSS APPROPRIATION.................................... $      6,093,400

 

    Appropriated from:

 

   Federal revenues:

 


DOT, federal transit act...............................           862,100

 

   Special revenue funds:

 

Comprehensive transportation fund......................         5,005,000

 

Michigan transportation fund...........................           226,300

 

State general fund/general purpose..................... $              0

 

   Sec. 116. BUS TRANSIT DIVISION: STATUTORY OPERATING

 

Local bus operating.................................... $    166,624,000

 

Nonurban operating/capital.............................        22,787,900

 

GROSS APPROPRIATION.................................... $    189,411,900

 

    Appropriated from:

 

   Federal revenues:

 

DOT, federal transit act...............................        21,987,900

 

   Special revenue funds:

 

Local funds............................................           800,000

 

Comprehensive transportation fund......................       166,624,000

 

State general fund/general purpose..................... $              0

 

   Sec. 117. INTERCITY PASSENGER AND FREIGHT

 

Freight property management............................ $      1,000,000

 

Detroit/Wayne County port authority....................           468,200

 

Intercity services.....................................         6,100,000

 

Rail passenger service.................................        11,667,000

 

Freight preservation and development...................         5,100,000

 

Marine passenger services..............................           400,000

 

Terminal development...................................           461,000

 

GROSS APPROPRIATION.................................... $     25,196,200

 

    Appropriated from:

 

   Federal revenues:

 


DOT, federal transit act...............................         4,500,000

 

DOT-FRA, local rail service assistance.................           100,000

 

DOT-FRA, rail passenger/HSGT...........................         3,000,000

 

   Special revenue funds:

 

Local funds............................................            50,000

 

Comprehensive transportation fund......................        15,346,200

 

Intercity bus equipment fund...........................           200,000

 

Rail freight fund......................................         2,000,000

 

State general fund/general purpose..................... $              0

 

   Sec. 118. PUBLIC TRANSPORTATION DEVELOPMENT

 

Specialized services................................... $      8,913,800

 

Municipal credit program...............................         2,000,000

 

Bus capital............................................        35,048,400

 

Van pooling............................................           195,000

 

Service initiatives....................................         1,415,000

 

Transportation to work.................................         9,700,000

 

GROSS APPROPRIATION.................................... $     57,272,200

 

    Appropriated from:

 

   Federal revenues:

 

DOT, federal transit act...............................        34,635,000

 

   Special revenue funds:

 

Local funds............................................         9,985,000

 

Comprehensive transportation fund......................        12,652,200

 

State general fund/general purpose..................... $              0

 

   Sec. 119. CAPITAL OUTLAY

 

   (1) BUILDINGS AND FACILITIES

 

Miscellaneous special maintenance, remodeling, and

 


   additions............................................ $       3,001,500

 

GROSS APPROPRIATION.................................... $      3,001,500

 

    Appropriated from:

 

   Federal revenues:

 

   Special revenue funds:

 

State Trunkline Fund...................................         3,001,500

 

State general fund/general purpose..................... $              0

 

   (2) AIRPORT IMPROVEMENT PROGRAMS

 

Airport safety, protection, & improvement program...... $     109,750,600

 

GROSS APPROPRIATION.................................... $    109,750,600

 

    Appropriated from:

 

   Federal revenues:

 

DOT, federal aviation administration...................        94,090,600

 

   Special revenue funds:

 

Local funds............................................        13,133,500

 

State aeronautics fund.................................         2,526,500

 

State general fund/general purpose..................... $              0

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2011-2012

 

GENERAL SECTIONS

 

     Sec. 201. Pursuant to section 30 of article IX of the state

 

constitution of 1963, total state spending from state resources

 

under part 1 for fiscal year 2011-2012 is $2,014,155,500.00 and

 

state spending from state resources to be paid to local units of

 


government for fiscal year 2011-2012 is $1,167,737,000.00. The

 

itemized statement below identifies appropriations from which

 

spending to units of local government will occur:

 

DEPARTMENT OF TRANSPORTATION

 

Grants to regional planning councils................... $        488,800

 

Grants to local programs...............................        33,000,000

 

Rail grade crossing....................................         3,000,000

 

Local bridge program...................................        27,252,500

 

Grants to county road commissions......................       570,598,400

 

Grants to cities and villages..........................       318,134,200

 

Economic development fund..............................        32,226,200

 

Air service program....................................           100,000

 

Local bus operating....................................       166,624,000

 

Bus capital............................................         1,748,400

 

Detroit/Wayne County port authority....................           468,200

 

Marine passenger service...............................           400,000

 

Terminal development...................................           461,000

 

Specialized services...................................         3,943,800

 

Municipal credit program...............................         2,000,000

 

Service initiatives....................................            65,000

 

Transportation to work.................................         4,700,000

 

Airport safety, protection, and improvement

 

 program...............................................         2,926,500

 

Total payments to local units of government............ $  1,167,737,000

 

     Sec. 203. As used in this act:

 

     (a) "AASHTO" means the American association of state highway

 

and transportation officials.

 


     (b) "ASTM" means the American society for testing and

 

materials.

 

     (c) "CTF" means comprehensive transportation fund.

 

     (d) "Department" means the department of transportation.

 

     (e) "DOT" means the United States department of

 

transportation.

 

     (f) "DOT-FHWA" means DOT, federal highway administration.

 

     (g) "DOT-FRA" means DOT, federal railroad administration.

 

     (h) "DOT-FRA, rail passenger/HSGT" means DOT, federal railroad

 

administration, high-speed ground transportation.

 

     (i) "EDF" means economic development fund.

 

     (j) "FTE" means full-time equated.

 

     (k) "IRS" means the internal revenue service.

 

     (l) "MTF" means Michigan transportation fund.

 

     (m) "RIF" means recreation improvement fund.

 

     (n) "SAF" means state aeronautics fund.

 

     (o) "STF" means state trunkline fund.

 

     Sec. 206. (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $200,000,000.00 for

 

federal contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in this act pursuant to section 393(2) of the management and budget

 

act, 1984 PA 431, MCL 18.1393.

 

     (2) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $40,000,000.00 for state

 

restricted contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 


in this act pursuant to section 393(2) of the management and budget

 

act, 1984 PA 431, MCL 18.1393.

 

     (3) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $1,000,000.00 for local

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in this act

 

pursuant to section 393(2) of the management and budget act, 1984

 

PA 431, MCL 18.1393.

 

     (4) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $1,000,000.00 for private

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in this act

 

pursuant to section 393(2) of the management and budget act, 1984

 

PA 431, MCL 18.1393.

 

     Sec. 207. When beginning any effort to privatize, the

 

department shall submit a complete project plan to the house of

 

representatives and senate appropriations subcommittees on

 

transportation, the state budget office, and the house and senate

 

fiscal agencies. The plan shall include the rationale for

 

privatization, including a cost-benefit analysis if appropriate.

 

The evaluation shall be completed and submitted to the appropriate

 

senate and house of representatives appropriations subcommittees

 

and the senate and house fiscal agencies. As used in this section,

 

"privatize" or "privatization" means the transfer of state highway

 

maintenance or activities currently performed by department forces,

 

or by boards of county road commissioners, county boards of

 

commissioners, or local units of government under contract with the

 


department, to private contractors.

 

     Sec. 208. Unless otherwise specified, the department shall use

 

the Internet to fulfill the reporting requirements of this act.

 

This requirement may include transmission of reports via electronic

 

mail to the recipients identified for each reporting requirement or

 

it may include placement of reports on an Internet or Intranet

 

site.

 

     Sec. 209. Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 

competitively priced and of comparable quality American goods or

 

services, or both, are available. Preference shall be given to

 

goods or services, or both, manufactured or provided by Michigan

 

businesses, if they are competitively priced and of comparable

 

quality. In addition, preference shall be given to goods or

 

services, or both, that are manufactured or provided by Michigan

 

businesses owned and operated by veterans, if they are

 

competitively priced and of comparable quality.

 

     Sec. 211. The departments and state agencies receiving

 

appropriations under this act shall receive and retain copies of

 

all reports funded from appropriations in part 1. These departments

 

and state agencies shall follow federal and state guidelines for

 

short-term and long-term retention of these reports and records.

 

     Sec. 259. From the funds appropriated in part 1 for

 

information technology, the department shall pay user fees to the

 

department of technology, management, and budget for technology-

 

related services and projects. The user fees shall be subject to

 

provisions of an interagency agreement between the department and

 


the department of technology, management, and budget.

 

     Sec. 260. (1) Due to the current budgetary problems in this

 

state, out-of-state travel shall be limited to situations in which

 

1 or more of the following conditions apply:

 

     (a) The travel is required by legal mandate or court order or

 

for law enforcement purposes.

 

     (b) The travel is necessary to protect the health or safety of

 

Michigan citizens or visitors or to assist other states in similar

 

circumstances.

 

     (c) The travel is necessary to produce budgetary savings or to

 

increase state revenues, including protecting existing federal

 

funds or securing additional federal funds.

 

     (d) The travel is necessary to comply with federal

 

requirements.

 

     (e) The travel is necessary to secure specialized training for

 

staff that is not available within this state.

 

     (f) The travel is financed entirely by federal or nonstate

 

funds.

 

     (2) If out-of-state travel is necessary but does not meet 1 or

 

more of the conditions in subsection (1), the state budget director

 

may grant an exception to allow the travel. Any exceptions granted

 

by the state budget director shall be reported on a monthly basis

 

to the house and senate appropriations committees.

 

     (3) Not later than January 1 of each year, each department

 

shall prepare a travel report listing all travel by classified and

 

unclassified employees outside this state in the immediately

 

preceding fiscal year that was funded in whole or in part with

 


funds appropriated in the department's budget. The report shall be

 

submitted to the chairs and members of the house and senate

 

appropriations committees, the fiscal agencies, and the state

 

budget director. The report shall include the following

 

information:

 

     (a) The name of each person receiving reimbursement for travel

 

outside this state or whose travel costs were paid by this state.

 

     (b) The destination of each travel occurrence.

 

     (c) The dates of each travel occurrence.

 

     (d) A brief statement of the reason for each travel

 

occurrence.

 

     (e) The transportation and related costs of each travel

 

occurrence, including the proportion funded with state general

 

fund/general purpose revenues, the proportion funded with state

 

restricted revenues, the proportion funded with federal revenues,

 

and the proportion funded with other revenues.

 

     (f) A total of all out-of-state travel funded for the

 

immediately preceding fiscal year.

 

     Sec. 261. A department or state agency shall not take

 

disciplinary action against an employee for communicating with a

 

member of the legislature or their staff.

 

     Sec. 262. Funds appropriated in part 1 shall not be used by a

 

principal executive department, state agency, or authority to hire

 

a person to provide legal services that are the responsibility of

 

the attorney general. This prohibition does not apply to legal

 

services for bonding activities and for those activities that the

 

attorney general authorizes.

 


     Sec. 263. (1) The department shall report no later than April

 

1, 2012 on each specific policy change made to implement a public

 

act affecting the department that took effect during the prior

 

calendar year to the house and senate appropriations subcommittees

 

on the budget for the department, the joint committee on

 

administrative rules, and the senate and house fiscal agencies.

 

     (2) Funds appropriated in part 1 shall not be used by the

 

department to adopt a rule that will apply to a small business and

 

that will have a disproportionate economic impact on small

 

businesses because of the size of those businesses if the

 

department fails to reduce the disproportionate economic impact of

 

the rule on small businesses as provided under section 40 of the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.240.

 

     (3) As used in this section:

 

     (a) "Rule" means that term as defined under section 7 of the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.207.

 

     (b) "Small business" means that term as defined under section

 

7a of the administrative procedures act of 1969, 1969 PA 306, MCL

 

24.207a.

 

     Sec. 266. (1) On a quarterly basis, the department shall

 

report on the number of FTEs in pay status by civil service

 

classification to the house and senate appropriations subcommittees

 

on transportation and the house and senate fiscal agencies.

 

     (2) From the funds appropriated in part 1, the department

 

shall use an amount not to exceed $10,000.00 to develop, post, and

 

maintain, on a publicly accessible Internet site, all expenditures

 

made by the agency within a fiscal year. The posting must include

 


Senate Bill No. 185 as amended April 27, 2011

 

the purpose for which each expenditure is made. The department

 

shall not be required to hire additional employees to comply with

 

this section.

 

<<Sec. 270. In order to reduce costs and maintain quality, it is

 

the intent of the legislature that, excluding the fleet of motor

 

vehicles for the department of state police, the department will

 

prioritize the utilization of remanufactured parts as the primary

 

means of maintenance and repair for the state of Michigan's fleet

of motor vehicles.>>

 

 

 

DEPARTMENTAL SECTIONS

 

     Sec. 301. (1) The department may establish a fee schedule and

 

collect fees sufficient to cover the costs to issue the permits

 

that the department is authorized by law to issue upon request,

 

unless otherwise stipulated by law. All permit fees are

 

nonrefundable application fees and shall be credited to the

 

appropriate fund to recover the direct and indirect costs of

 

receiving, reviewing, and processing the requests.

 

     (2) A bridge authority shall hold 3 public hearings on an

 

increase in any toll charged by the authority at least 30 days

 

before the toll change will become effective. Two of the hearings

 

shall be held within 5 miles of the bridge over which the bridge

 

authority has jurisdiction. One hearing shall be held in Lansing.

 

Public hearings held under this section shall be conducted in

 

accordance with the open meetings act, 1976 PA 267, MCL 15.261 to

 

15.275, and shall be conducted so as to provide a reasonable

 

opportunity for public comment, including both spoken and written

 

comments.

 


     Sec. 303. On request, the department shall provide to a

 

legislator, in writing, a report on the amount of money to be

 

received by each city and village and the county road commission of

 

each county, that is included in whole or in part within the

 

legislator's legislative district.

 

     Sec. 304. If, as a requirement of bidding on a highway

 

project, the department requires a contractor to submit financial

 

or proprietary documentation as to how the bid was calculated, that

 

bid documentation shall be kept confidential and shall not be

 

disclosed other than to a department representative without the

 

contractor's written consent. The department may disclose the bid

 

documentation if necessary to address or defend a claim by a

 

contractor.

 

     Sec. 305. The department shall permit space on public

 

passenger transportation properties to be occupied by public or

 

private tenants on a competitive market rate basis. The department

 

shall require that revenue from the tenants be placed in an account

 

to be used to pay the costs to maintain and improve the property.

 

     Sec. 306. (1) The amounts appropriated in section 103 to

 

support tax and fee collection, law enforcement, and other program

 

services provided to the department and to transportation funds by

 

other state departments shall be expended from transportation funds

 

pursuant to annual contracts between the department and those other

 

state departments. The contracts shall be executed prior to the

 

expenditure or obligation of those funds. The contracts shall

 

provide, but are not limited to, the following data applicable to

 

each state department:

 


     (a) Estimated costs to be recovered from transportation funds.

 

     (b) Description of services provided to the department and/or

 

transportation funds and financed with transportation funds.

 

     (c) Detailed cost allocation methods appropriate to the type

 

of services being provided and the activities financed with

 

transportation funds.

 

     (2) Not later than 2 months after publication of the state of

 

Michigan comprehensive annual financial report, each state

 

department receiving funding pursuant to an interdepartment

 

contract with the department shall submit a written report to the

 

department, the state budget director, and the house and senate

 

fiscal agencies stating by spending authorization account the

 

amount of estimated funds contracted with the department, the

 

amount of funds expended, the amount of funds returned to the

 

transportation funds, and any unreimbursed transportation-related

 

costs incurred but not billed to transportation funds. A copy of

 

the report shall be submitted to the auditor general, and the

 

report shall be subject to audit by the auditor general as provided

 

in subsection (3).

 

     (3) In addition to the requirements of subsection (2), the

 

state treasurer shall develop a cost allocation plan to identify

 

the actual costs of work based on time and effort performed by the

 

department of treasury for state-restricted transportation funds.

 

The cost allocation plan shall specifically identify the costs of

 

collecting constitutionally restricted motor fuel taxes. The cost

 

allocation plan shall be submitted to the senate and house of

 

representatives standing committees on appropriations subcommittees

 


on general government, the senate and house fiscal agencies, the

 

auditor general, and the state budget director by November 1. The

 

cost allocation plan shall be subject to audit by the auditor

 

general.

 

     (4) Biennially, in each even-numbered fiscal year, the auditor

 

general shall conduct an audit of charges to transportation funds

 

by state departments for the 2 preceding fiscal years. The audit

 

shall include both charges governed by interdepartmental contracts

 

as well as miscellaneous charges from other state departments not

 

governed by contracts. The auditor general shall prepare a detailed

 

report, with recommendations and conclusions, including a summary

 

of charges and related services to transportation funds by

 

department, the appropriateness of those charges, the cost

 

allocation methodologies used in determining the level of funding,

 

and any unreimbursed transportation-related costs, if any. The

 

report shall be provided to the senate and house of representatives

 

committees on appropriations, the senate and house fiscal agencies,

 

and the state budget director 9 months after publication of the

 

state of Michigan comprehensive annual financial report.

 

     Sec. 307. Before March 1 of each year, the department will

 

provide to the legislature, the state budget office, and the house

 

and senate fiscal agencies its rolling 5-year plan listing by

 

county or by county road commission all highway construction

 

projects for the fiscal year and all expected projects for the

 

ensuing fiscal years.

 

     Sec. 308. The department and local road agencies that receive

 

appropriations under this act shall pursue compliance with contract

 


specifications for construction and maintenance of state highways

 

and local roads and streets. Work shall not be accepted and paid

 

for until it complies with contract requirements. Contractors with

 

unsatisfactory performance ratings shall be restricted from future

 

bidding through the prequalification process established by the

 

department or a local road agency. The department, county road

 

commissions, and cities and villages shall report to the house of

 

representatives and senate appropriations subcommittees on

 

transportation, the senate and house fiscal agencies, and the state

 

budget director on their respective activities under this section.

 

     Sec. 309. The department shall continue its efforts to reduce

 

administrative costs and provide the maximum funding possible for

 

construction projects.

 

     Sec. 310. The department shall provide in a timely manner

 

copies of the agenda and approved minutes of monthly transportation

 

commission meetings to the members of the house and senate

 

appropriations subcommittees on transportation, the house and

 

senate fiscal agencies, and the state budget director.

 

     Sec. 312. At the close of the fiscal year, any unencumbered

 

and unexpended balance in the state trunkline fund shall remain in

 

the state trunkline fund and shall carry forward and is

 

appropriated for federal aid road and bridge programs for projects

 

contained in the annual state transportation program.

 

     Sec. 313. (1) From funds appropriated in part 1, the

 

department may increase a state infrastructure bank program and

 

grant or loan funds in accordance with regulations of the state

 

infrastructure bank program of the United States department of

 


transportation. The state infrastructure bank is to be administered

 

by the department for the purpose of providing a revolving, self-

 

sustaining resource for financing transportation infrastructure

 

projects.

 

     (2) In addition to funds provided in subsection (1), money

 

received by the state as federal grants, repayment of state

 

infrastructure bank loans, or other reimbursement or revenue

 

received by the state as a result of projects funded by the program

 

and interest earned on that money shall be deposited in the

 

revolving state infrastructure bank fund and shall be available for

 

transportation infrastructure projects. At the close of the fiscal

 

year, any unencumbered funds remaining in the state infrastructure

 

bank fund shall remain in the fund and be carried forward into the

 

succeeding fiscal year.

 

     Sec. 314. The department shall provide a report prepared by

 

the department's internal auditor on the activities of the internal

 

auditor for the previous fiscal year. The report shall be due on

 

February 1 of each year and shall be submitted to the senate and

 

house of representatives appropriations committees, the senate and

 

house fiscal agencies, the director of the state budget office, and

 

the auditor general. This report shall include a list of all of the

 

following:

 

     (a) All work activities conducted by the internal auditor,

 

including a listing of all audits, reviews, and investigations.

 

     (b) The time charged to each work activity, including time

 

charged to each audit, review, or investigation.

 

     (c) A listing of which audits, reviews, and investigations

 


have been completed and which audits, reviews, and investigations

 

have had reports of the results issued.

 

     Sec. 319. The department shall post signs at each rest area to

 

identify the agency or contractor responsible for maintenance of

 

the rest area. The signs shall include a department telephone

 

number and shall indicate that unsafe or unclean conditions at the

 

rest area may be reported to that telephone number.

 

     Sec. 321. In evaluating and awarding enhancement grants, the

 

department shall give preference to applicants which have adopted

 

complete streets policies. In addition, the department shall give

 

preference to enhancement grant applications which further complete

 

streets policy objectives. The department shall report to the house

 

and senate appropriations subcommittees on transportation, and the

 

house and senate fiscal agencies, on or before March 1, 2012, on

 

the specific actions taken to comply with the intent of this

 

section.

 

     Sec. 322. Upon request of a university, the department shall

 

work with representatives of state public universities to assist in

 

the development and implementation of complete streets policies on

 

university road and street systems.

 

     Sec. 334. The department shall continue its program to

 

increase the use of women- and minority-owned businesses in state

 

and local road construction projects. This program shall comprise,

 

at a minimum, outreach and education efforts to inform women- and

 

minority-owned firms of department competitive bidding processes

 

and requirements, and an assessment of the availability of surety

 

for women- and minority-owned businesses. The department shall

 


report by September 30 of each year to the house and senate

 

appropriations subcommittees on transportation and the house and

 

senate fiscal agencies of its progress in complying with this

 

section.

 

     Sec. 353. The department shall review its contractor payment

 

process and ensure that all prime contractors are paid promptly.

 

The department shall ensure that prime contractors are in

 

compliance with special provision 109.10 regarding the prompt

 

payment of subcontractors.

 

     Sec. 357. When presented with complete local federal aid

 

project submittals, the department shall complete all necessary

 

reviews and inspections required to let local federal aid projects

 

within 120 days of receipt. The department shall implement a system

 

for monitoring the local federal aid project review process.

 

     Sec. 374. The department shall produce and distribute all

 

employee newsletters electronically.

 

     Sec. 375. The department is prohibited from reimbursing

 

contractors or consultants for costs associated with groundbreaking

 

ceremonies, receptions, open houses, or press conferences related

 

to transportation projects funded, in whole or in part, by revenue

 

appropriated in part 1.

 

     Sec. 383. (1) The department shall prepare an annual report on

 

all travel by executive branch employees, and others including

 

local public officials, university employees, and other public

 

employees on department-owned aircraft. The report shall include,

 

by department, the name of the traveler, the travel origination

 

location, the travel destination location, type of aircraft, and

 


the total estimated costs associated with the air travel.

 

     (2) The report shall be submitted to the senate and house

 

appropriations subcommittees on transportation and the house and

 

senate fiscal agencies no later than July 1.

 

     (3) From the funds appropriated in part 1, the department is

 

prohibited from transporting legislators or legislative staff on

 

state-owned aircraft without prior approval from the senate

 

majority leader or the speaker of the house of representatives and

 

only when the aircraft is already scheduled by state employees on

 

related official state business.

 

     (4) The department shall maintain a system for recovering the

 

cost of operating department-owned aircraft through charges to

 

aircraft users.

 

     Sec. 384. (1) The department shall not expend any state

 

transportation revenue for the Detroit River International Crossing

 

or a renamed successor. In addition, the department shall not

 

commit the state to any new contract related to the Detroit River

 

International Crossing or a renamed successor unless the

 

legislature has enacted specific enabling legislation to allow for

 

the construction of the Detroit River International Crossing or a

 

renamed successor.

 

     (2) On or before March 31, 2012, the department shall

 

report to the state budget director, the house and senate

 

appropriations subcommittees on transportation, and the house and

 

senate fiscal agencies on department activities related to the

 

Detroit River International Crossing or a renamed successor.

 

     (3) If the legislature enacts specific enabling legislation

 


for the construction of the Detroit River International Crossing or

 

a renamed successor, subsection (1) does not apply once the

 

enabling legislation goes into effect.

 

     Sec. 385. (1) The department shall use all available toll

 

credits, as provided by private toll facilities in this state and

 

certified by the federal highway administration, to match available

 

federal aid highway funds.

 

     (2) The department shall not use toll credits generated by a

 

private tolled bridge crossing to finance, design, plan, construct,

 

operate, or maintain any international bridge crossing within 5

 

miles of that privately tolled bridge.

 

     Sec. 393. The department shall promote best practices for

 

public transportation services in this state, including, but not

 

limited to, the following:

 

     (a) Transit vehicle rehabilitation to reduce life-cycle cost

 

of public transportation through mid-life rehabilitation of transit

 

buses.

 

     (b) Coordination with the Michigan economic development

 

corporation to promote transition of bus fleets hybrid transit

 

vehicles with a view to promotion of fuel economy.

 

     (c) Cooperation between entities using transit, including

 

school districts, cities, townships, and counties with a view to

 

promoting cost savings through joint purchasing of fuel and other

 

procurements.

 

     (d) Coordination of transportation dollars among state

 

departments which provide transit-related services, including the

 

department of human services and the department of community

 


health. Priority should be given to use of public transportation

 

services where available.

 

     (e) Promotion of intelligent transportation services for buses

 

that incorporate computer and navigation technology to make

 

transit systems more efficient, including stoplight coordinating,

 

vehicle tracking, data tracking, and computerized scheduling.

 

 

 

FEDERAL

 

     Sec. 401. Within 30 days of receiving the applicable fiscal

 

year authorization from the federal government to commit

 

transportation funds, the department shall notify local agency

 

representatives, the senate and house of representatives

 

appropriations transportation subcommittees, the senate and house

 

fiscal agencies, and the state budget director regarding the amount

 

of federal aid for categorical allocations to state and local

 

agency programs not specifically allocated in either federal or

 

state law.

 

     Sec. 402. A portion of the federal DOT-FHWA highway research,

 

planning, and construction funds made available to the state shall

 

be allocated to transportation programs administered by local

 

jurisdictions in accordance with section 10o of 1951 PA 51, MCL

 

247.660o. A local road agency, with respect to a project approved

 

for federal aid funding in a state transportation improvement

 

program, may enter into a voluntary buyout agreement with the

 

department or with another local road agency to exchange the

 

federal aid with state restricted transportation funds as agreed to

 

by the respective parties. The state restricted transportation

 


funds received in exchange for federal aid funds shall be used for

 

the same purpose as the federal aid funds were originally intended.

 

 

 

MICHIGAN TRANSPORTATION FUND

 

     Sec. 501. The money received under the motor carrier act, 1933

 

PA 254, MCL 475.1 to 479.43, and not appropriated to the department

 

of energy, labor, and economic growth or the department of state

 

police is deposited in the Michigan transportation fund.

 

     Sec. 502. The department of treasury shall perform audits and

 

make investigations of the disposition of all state funds received

 

by county road commissions or county boards of commissioners, as

 

applicable, and cities and villages for transportation purposes to

 

determine compliance with the terms and conditions of 1951 PA 51,

 

MCL 247.651 to 247.675. County road commissions or county boards of

 

commissioners, as applicable, and cities and villages shall make

 

available to the department of treasury the pertinent records for

 

the audit.

 

     Sec. 503. (1) The funds appropriated in part 1 for the

 

economic development and local bridge programs shall not lapse at

 

the end of the fiscal year but shall carry forward each fiscal year

 

for the purposes for which appropriated in accordance with 1987 PA

 

231, MCL 247.901 to 247.913, and section 10(5) of 1951 PA 51, MCL

 

247.660.

 

     (2) Interest earned in the department of transportation

 

economic development fund and local bridge fund shall remain in the

 

respective funds and shall be allocated to the respective programs

 

based on actual interest earned at the end of each fiscal year.

 


     (3) In addition to the funds appropriated in part 1, the

 

department of transportation economic development fund and local

 

bridge fund may receive federal, local, or private funds or

 

restricted source funds such as interest earnings. These funds are

 

appropriated for projects that are consistent with the purposes of

 

the respective funds.

 

     (4) None of the funds statutorily dedicated to the

 

transportation economic development fund and local bridge fund

 

shall be diverted to other projects.

 

     Sec. 504. Funds from the Michigan transportation fund (MTF)

 

shall be distributed to the comprehensive transportation fund

 

(CTF), the economic development fund (EDF), the recreation

 

improvement fund (RIF), and the state trunkline fund (STF), in

 

accordance with this act and part 711 of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.71101 to

 

324.71108, and may only be used as specified in this act, 1951 PA

 

51, MCL 247.651 to 247.675, and part 711 of the natural resources

 

and environmental protection act, 1994 PA 451, MCL 324.71101 to

 

324.71108.

 

 

 

STATE TRUNKLINE FUND

 

     Sec. 601. The department shall work with the road construction

 

industry and engineering consulting community to develop

 

performance and road construction warranties for construction

 

contracts. The development of warranties shall include warranties

 

on materials, workmanship, performance criteria, and design/build

 

projects. The department will report by September 30 of each

 


calendar year to the house of representatives and senate

 

appropriations subcommittees on transportation, the state budget

 

director, and the house and senate fiscal agencies on the status of

 

efforts to develop performance and road construction warranties.

 

     Sec. 602. If the department uses manufactured pipe for road

 

construction drainage, the department shall require that pipe used

 

under certain load-bearing conditions beneath the roadway meets the

 

standards established by the American society for testing and

 

materials (ASTM) or American association of state highway and

 

transportation officials (AASHTO). The department may also use the

 

mandrel test for manufactured pipe 60 days after installation and

 

provide a summary of the results of these inspections to the house

 

of representatives and senate appropriations subcommittees on

 

transportation and house and senate fiscal agencies.

 

     Sec. 603. The department shall use traffic congestion as 1 of

 

the criteria in determining the priorities for designating which

 

roads shall be remediated in its 5-year road plan, which must be

 

submitted on or before March 1 of each year. Criteria for

 

evaluating traffic congestion shall include, but not be limited to,

 

coordination with local, county, and regional planning, improvement

 

in traffic operations, improvement in physical roadway conditions,

 

accident reduction, and coordination with area public

 

transportation planning.

 

     Sec. 604. It is the intent of the legislature that the

 

department shall place signs designed in compliance with the

 

Michigan manual on uniform traffic control devices for streets and

 

highways at each highway construction work zone subject to the

 


jurisdiction of the department. The signs shall notify the

 

operators of vehicles in a work zone of the increased fines and

 

penalties provided for the protection and safety of construction

 

workers and the public under section 601b of the Michigan vehicle

 

code, 1949 PA 300, MCL 257.601b.

 

     Sec. 610. It is the intent of the legislature that the

 

department have as a priority the removal of dead deer and other

 

large animal remains from the traveled portion and shoulder of

 

state highways. The department, and counties that perform state

 

highway maintenance under contract, shall remove animal remains,

 

wherever practicable, away from the traveled portion and shoulder

 

of state highways.

 

     Sec. 612. The department shall establish guidelines governing

 

incentives and disincentives provided under contracts for state

 

trunkline projects. The guidelines shall include specific financial

 

information concerning incentives and disincentives. On or before

 

January 1 of each year, the department shall prepare a report for

 

the immediately preceding fiscal year regarding contract incentives

 

and disincentives. This report shall include a list, by project, of

 

the contractors that received contract incentives and/or

 

disincentives, the amount of the incentives and/or disincentives,

 

and the number of days that each project was completed either ahead

 

or past the contracted completion date. This report shall be

 

provided to the senate and house appropriations subcommittees on

 

transportation, the senate and house standing committees on

 

transportation, and the senate and house fiscal agencies.

 

     Sec. 654. It is the intent of the legislature that the

 


Mackinac Bridge Authority work to protect the long-term viability

 

of the Mackinac Bridge.

 

     Sec. 659. For pavement projects for which there are no

 

Michigan actual historic project maintenance, repair, and

 

resurfacing schedules and costs as recorded by the pavement

 

management system, the department may use actual historical and

 

comparable data for equivalent designs from states with similar

 

climates, soil structures, and vehicle traffic.

 

     Sec. 664. It is the intent of the legislature that if actual

 

state-restricted revenue deposited to the Michigan transportation

 

fund exceeds the revenue estimates upon which the appropriations in

 

part 1 of this act were based, the department shall give priority

 

to reinstating delayed and deferred projects.

 

 

 

COMPREHENSIVE TRANSPORTATION FUND

 

     Sec. 701. Money that is received by the state as a lease

 

payment for state-owned intercity bus equipment is not money to be

 

deposited in the comprehensive transportation fund under section

 

10b of 1951 PA 51, MCL 247.660b, but is money that is deposited in

 

an intercity bus equipment fund for appropriation for the purchase

 

and repair of intercity bus equipment. Proceeds received by the

 

state from the sale of intercity bus equipment are deposited in an

 

intercity bus equipment fund for appropriation for the purchase and

 

repair of intercity bus equipment. Security deposits from the lease

 

of state-owned intercity bus equipment not returned to the lessee

 

of the equipment under terms of the lease agreement are deposited

 

in an intercity bus equipment fund for appropriation for the repair

 


of intercity bus equipment. At the close of the fiscal year, any

 

funds remaining in the intercity bus equipment fund shall remain in

 

the fund and be carried forward into the succeeding fiscal year.

 

     Sec. 702. Money that is received by the state as repayment for

 

loans made for rail or water freight capital projects, and as a

 

result of the sale of property or equipment used or projected to be

 

used for rail or water freight projects shall be deposited in the

 

fund created by section 17 of the state transportation preservation

 

act of 1976, 1976 PA 295, MCL 474.67. At the close of the fiscal

 

year, any funds remaining in the rail freight fund shall remain in

 

the fund and be carried forward into the succeeding fiscal year.

 

     Sec. 703. After receiving notification from a railroad company

 

pursuant to section 8 of the state transportation preservation act

 

of 1976, 1976 PA 295, MCL 474.58, the department shall immediately

 

notify the house of representatives and senate appropriations

 

subcommittees on transportation and the state budget office that

 

the railroad company has filed with the appropriate governmental

 

agencies for abandonment of a line.

 

     Sec. 706. The Detroit/Wayne County port authority shall issue

 

a complete operations assessment and a financial disclosure

 

statement. The operations assessment shall include operational

 

goals for the next 5 years and recommendations to improve land

 

acquisition and development efficiency. The report shall be

 

completed and submitted to the house of representatives and senate

 

appropriations subcommittees on transportation, the state budget

 

director, and the house and senate fiscal agencies by February 15

 

of each fiscal year for the prior fiscal year.

 


     Sec. 708. If funds appropriated in part 1 are used to provide

 

state-owned or state-leased buses to private intercity bus

 

carriers, the department shall charge not less than $1,000.00 per

 

bus per year for their use.

 

     Sec. 711. (1) From the funds appropriated in part 1 from the

 

comprehensive transportation fund for rail passenger service, the

 

department shall negotiate with a rail carrier to provide rail

 

service between Grand Rapids and Chicago and between Port Huron and

 

Chicago, consistent with the other provisions of this section.

 

     (2) The rail carrier shall, as a condition to receiving a

 

state operating subsidy, maintain a system to monitor, collect, and

 

resolve customer complaints and shall make the information

 

available to the department, the house and senate appropriations

 

subcommittees on transportation, and the house and senate fiscal

 

agencies.

 

     (3) Future state support for the service between Grand Rapids

 

and Chicago and Port Huron and Chicago is dependent on the

 

department's ability to provide a plan and a contract for services

 

that increase ridership and revenue, reduce operating costs, and

 

improve on-time performance.

 

     (4) No state subsidy shall be provided from the funds

 

appropriated in part 1 if the chosen rail carrier is Amtrak and

 

Amtrak discontinued service or any portion of the service between

 

Port Huron and Chicago or Grand Rapids and Chicago during the

 

preceding fiscal year, unless the discontinuance of service was for

 

track maintenance or was caused by acts of God.

 

     (5) For rail passenger service supported in any part through

 


capital or operating assistance from funds appropriated in this

 

act, the department shall work with the rail carrier to identify

 

ways in which reasonable transport of bicycles by passengers can be

 

accommodated.

 

     Sec. 714. The department, in cooperation with local transit

 

agencies, shall work to ensure that demand-response services are

 

provided throughout Michigan. The department shall continue to work

 

with local units of government to address the unmet transit needs

 

in Michigan.

 

     Sec. 731. The department shall charge public transit agencies

 

and intercity bus carriers equal rates per square foot for leasing

 

space in state-owned intermodal facilities.

 

     Sec. 734. (1) The department shall ensure that all public

 

transit agencies provide the highest quality public transit service

 

by moving people in a cost-effective, safe, and user-friendly

 

manner that maintains and attracts residents and businesses.

 

     (2) Public transit agencies receiving funds under part 1 shall

 

do all of the following:

 

     (a) Provide efficient, cost-effective, safe, well-maintained,

 

reliable, customer-driven transportation services.

 

     (b) Provide a quality work environment that has and fulfills

 

employee performance, productivity, and development standards.

 

     (c) Identify and capture all available funding or create cost-

 

effective programs to eliminate debt and have a balanced budget.

 

     (d) Maintain sufficient local and community funding.

 

     (e) Support business development by providing transportation

 

to areas of employment and commerce, emerging or established

 


businesses, and health care facilities.

 

     Sec. 740. The department shall report by March 1 of each year

 

to the house of representatives and senate appropriations

 

subcommittees on transportation, the house and senate fiscal

 

agencies, and the state budget director the encumbered and

 

unencumbered balances of the comprehensive transportation fund.

 

     Sec. 741. The department shall report by March 1, 2012 to the

 

house of representatives and senate appropriations subcommittees on

 

transportation, the house and senate fiscal agencies, and the state

 

budget director on progress of operations on the Ann Arbor and NW

 

Michigan railroad, particularly concerning any use of the track

 

infrastructure for the purpose of supporting a passenger train

 

speed of 59 miles per hour.

 

 

 

AERONAUTICS FUND

 

     Sec. 801. Except as otherwise provided in section 903 for

 

capital outlay, at the close of the fiscal year, any unobligated

 

and unexpended balance in the state aeronautics fund created in the

 

aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.1

 

to 259.208, shall lapse to the state aeronautics fund and be

 

appropriated by the legislature in the immediately succeeding

 

fiscal year.

 

 

 

CAPITAL OUTLAY

 

     Sec. 901. (1) From federal-state-local project appropriations

 

contained in part 1 for the purpose of assisting political entities

 

and subdivisions of this state in the construction and improvement

 


of publicly used airports and landing fields within this state, the

 

state transportation department may permit the award of contracts

 

on behalf of units of local government for the authorized locations

 

not to exceed the indicated amounts, of which the state allocated

 

portion shall not exceed the amount appropriated in part 1.

 

     (2) Political entities and subdivisions shall provide not less

 

than 2.5% of the cost of any project under this section, unless a

 

total nonfederal share greater than 5% is otherwise specified in

 

federal law. State money shall not be allocated until local money

 

is allocated. State money for any 1 project shall not exceed 1/3 of

 

the total appropriation in part 1 from state funds for airport

 

improvement programs.

 

     (3) The Michigan aeronautics commission may take those steps

 

necessary to match federal money available for airport construction

 

and improvement within this state and to meet the matching

 

requirements of the federal government. Whether acting alone or

 

jointly with another political subdivision or public agency or with

 

this state, a political subdivision or public agency of this state

 

shall not submit to any agency of the federal government a project

 

application for airport planning or development unless it is

 

authorized in this act and the project application is approved by

 

the governing body of each political subdivision or public agency

 

making the application and by the Michigan aeronautics commission.

 

     Sec. 902. Before the end of each fiscal year, the state

 

transportation department shall report to the house and senate

 

appropriations subcommittees on transportation the status of

 

airport improvement projects funded in part 1 with the estimated

 


dollars allocated for each project. If there has to be a delay in

 

reporting, the state transportation department shall notify the

 

house and senate appropriations subcommittees on transportation in

 

writing of the date the report will be received.

 

     Sec. 903. The appropriations in part 1 for capital outlay

 

shall be carried forward at the end of the fiscal year consistent

 

with the provisions of section 248 of the management and budget

 

act, 1984 PA 431, MCL 18.1248.

 

     Sec. 904. (1) The director shall allocate lump-sum

 

appropriations made in this act consistent with statutory

 

provisions and the purposes for which funds were appropriated.

 

Lump-sum allocations shall address priority program or facility

 

needs and may include, but are not limited to, design,

 

construction, remodeling and addition, special maintenance, major

 

special maintenance, energy conservation, and demolition.

 

     (2) The state budget director may authorize that funds

 

appropriated for lump-sum appropriations and designated as work

 

project appropriations shall be available for no more than 3 fiscal

 

years following the fiscal year in which the original appropriation

 

was made. Any remaining balance from allocations made in this

 

section shall lapse to the fund from which it was appropriated

 

pursuant to the lapsing of funds as provided in the management and

 

budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

 

 

 

 

 

PART 2A

 

PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS

 

FOR FISCAL YEAR 2012-2013


 

GENERAL SECTIONS

 

     Sec. 1201. It is the intent of the legislature to provide

 

appropriations for the fiscal year ending on September 30, 2013 for

 

the line items listed in part 1. The fiscal year 2012-2013

 

appropriations are anticipated to be the same as those for fiscal

 

year 2011-2012, except that the line items will be adjusted for

 

changes in caseload and related costs, federal fund match rates,

 

economic factors, and available revenue. These adjustments will be

 

determined after the January 2012 consensus revenue estimating

 

conference. The January 2012 consensus revenue estimating

 

conference shall include estimates for fiscal year 2011-2012,

 

fiscal year 2012-2013, and fiscal year 2013-2014 for the following:

 

     (a) State revenue.

 

     (b) Prison population and correction expenditures.

 

     (c) Annual percentage growth in the school aid basic

 

foundation allowance.

 

     (d) Medicaid expenditures.

 

     (e) Human service caseloads and expenditures.

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