Bill Text: MI HB4954 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Transportation; funds; requirement that funds be allocated to nonmotorized transportation services and facilities; modify. Amends sec. 10k of 1951 PA 51 (MCL 247.660k).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-09-19 - Bill Electronically Reproduced 09/14/2017 [HB4954 Detail]
Download: Michigan-2017-HB4954-Introduced.html
HOUSE BILL No. 4954
September 14, 2017, Introduced by Rep. Hernandez and referred to the Committee on Transportation and Infrastructure.
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 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,"
by amending section 10k (MCL 247.660k), as amended by 2010 PA 135.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10k. (1) Transportation purposes as provided in this act
include provisions for facilities and services for nonmotorized
transportation.
(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
may be expended for construction or improvement of
nonmotorized transportation services and facilities.
(3) An improvement in a road, street, or highway that meets
accepted practices or established best practices and facilitates
nonmotorized transportation 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, if the requirements are met as an average over a
reasonable
period of years, not to exceed 10.
(4) (5)
The state transportation department
or a county, city,
or village receiving money from the Michigan transportation fund
annually
shall may prepare a 5-year program for the improvement of
qualified nonmotorized facilities which when implemented would
result
in the expenditure of an a
reasonable amount equal to at
least
1% of from 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
if the county completes preparation of its a 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 if the city or village completes preparation of its
a 5-year program under this subsection. The department shall notify
each
affected county, city, or village when if the department
completes
preparation of its a 5-year program. A city or village
receiving money from the Michigan transportation fund shall consult
with the state transportation department or county in the city's or
village's preparation 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.
(5) (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) 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.
(6) (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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
