Bill Text: MI SB0379 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Transportation; other; community benefits agreement; require state of Michigan participation. Amends 1964 PA 286 (MCL 247.801 - 247.816) by adding sec. 6c.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-12 - Referred To Committee On Transportation [SB0379 Detail]
Download: Michigan-2011-SB0379-Introduced.html
SENATE BILL No. 379
May 12, 2011, Introduced by Senator YOUNG and referred to the Committee on Transportation.
A bill to amend 1964 PA 286, entitled
"An act to provide for the organization, powers, and duties of the
state transportation commission and the state transportation
department; to provide for the appointment, powers, and duties of
the state transportation director; to abolish the office of state
highway commissioner and the commissioner's advisory board and to
transfer their powers and duties; to provide for penalties and
remedies; and to repeal certain acts and parts of acts,"
(MCL 247.801 to 247.816) by adding section 6c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6c. (1) If the department issues a request for proposals
for construction of an international bridge crossing project which
bridge does not exist on the effective date of the amendatory act
that added this section, the request shall require that a community
benefits agreement be required of the project's contractor,
developer, or concessionaire.
(2) Before any request for proposals concerning the
construction of an international bridge crossing is initiated, the
department shall consult with the host community as represented by
a nonprofit organization with members in the host community that
has engaged residents and stakeholders and whose organizational
purpose is to ensure that the interests of residents, businesses,
and organizations proximate to the host community are recognized
and protected in a community benefits agreement. The department
shall provide technical support, advice, and resources to the
nonprofit organization concerning a community benefits agreement.
After receiving that information from the department but before the
department and the contractor, developer, and concessionaire have
made any agreements concerning construction of the project, the
nonprofit organization shall provide its criteria for a community
benefits agreement to the department within a reasonable time frame
set by the department and consistent with the timeline of the
selection or construction process.
(3) The community benefits agreement shall include, but not be
limited to, all of the following and a timeline for accomplishing
the following, including penalty provisions if a timeline is not
met, which timeline shall require that all of the following be
accomplished before the international bridge crossing is open to
public transportation:
(a) Specific monitoring of noise, vibration, air quality,
residential health, and truck traffic both short- and long-term in
the project area. This shall include designation of truck routes
designed to minimize the impact on residents, and reduction of
truck idle time and diesel reduction plans, including incentive
plans, that protect and promote the air of host community
residents.
(b) A plan to assure job training and education for host
community residents and access to employment opportunities and to
promote the hiring of host community residents on the international
bridge crossing project in this state, including employment
opportunities and hiring with the project's developer, contractor,
subcontractors, and concessionaire.
(c) A plan to assure that any negative impact on existing
businesses in the host community is minimized and mitigated and
that provides incentives for start-up businesses to become
established after the international bridge opens to public
transportation.
(d) Preservation and creation of parks and development of
green spaces.
(e) Guarantees that current residents of affected host
communities will receive full opportunity for new housing if they
are displaced and shall not be required to pay out of pocket for
expenses associated with displacement and relocation or for home
repair due to damage caused by the construction.
(f) Guarantees that host community representatives will serve
in an ongoing advisory capacity on the project and in oversight of
the construction and maintenance of the project.
(4) If a contractor, developer, or concessionaire that enters
into a community benefits agreement defaults in the performance of
its allocated duties, the department or authorized entity,
including a government agency, shall perform the allocated duties.
(5) By March 1 of each year during the duration of the
community benefits agreement, the department shall submit a written
report quantifying the progress toward meeting the timelines of the
community benefit agreement to the senate and house of
representatives standing committees on transportation issues and to
the host community.
(6) The department shall provide information to the nonprofit
organization described in subsection (2) concerning the proposals
the department received. After receiving that information from the
department but before the selection of the winning proposal, the
nonprofit organization described in subsection (2) shall provide
its advisory recommendations to the department within a reasonable
time frame set by the department and consistent with the timeline
of the selection process.
(7) As used in this section:
(a) "Community benefits agreement" means a contract between
this state and a contractor, developer, or concessionaire that is
obtained with the advice of the nonprofit organization of the host
community that addresses host community concerns including, but not
limited to, the areas listed in subsection (3). A community
benefits agreement shall not be limited to a satisfaction of only
the minimum requirements under federal law.
(b) "Host community" means the neighborhood community in which
the construction in this state for an international bridge crossing
project occurs, including bridge, plaza, and direct access road,
and where residences and businesses are displaced due to the
international bridge crossing project.
