Bill Text: MI HB5097 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Counties; boards and commissions; permit fee required for a government entity or telecommunication provider working within a county right-of-way; clarify limits, and clarify bonding and insurance requirements for telecommunication providers working within a county right-of-way. Amends sec. 19b, ch. IV of 1909 PA 283 (MCL 224.19b).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-04-10 - Assigned Pa 97'18 With Immediate Effect [HB5097 Detail]
Download: Michigan-2017-HB5097-Engrossed.html
HB-5097, As Passed House, February 28, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5097
A bill to amend 1909 PA 283, entitled
"An act to revise, consolidate, and add to the laws relating to the
establishment, opening, discontinuing, vacating, closing, altering,
improvement, maintenance, and use of the public highways and
private roads; the condemnation of property and gravel therefor;
the building, repairing and preservation of bridges; maintaining
public access to waterways under certain conditions; setting and
protecting shade trees, drainage, and cutting weeds and brush
within this state; providing for the election or appointment and
defining the powers, duties, and compensation of state, county,
township, and district highway officials; and to prescribe
penalties and provide remedies,"
by amending section 19b of chapter IV (MCL 224.19b), as amended by
2016 PA 456.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec. 19b. (1) A person, partnership, association, corporation,
or governmental entity shall not construct, operate, maintain, or
remove a facility or perform any other work within the right-of-way
of a county road, except sidewalk installation and repair, without
first obtaining a permit from the county road commission having
jurisdiction over the road and from the township, city, or village
in which the county road is located when a permit is required by
ordinance of the township, city, or village, under the authority
conferred by section 29 of article VII of the state constitution of
1963.
The adjacent property owner shall is not be required to
obtain a permit for work incidental to the maintenance of the
right-of-way lying outside of the shoulder and roadway.
(2) A county road commission and a local unit of government
may adopt, after a public hearing of which notice has been given by
publication at least twice in a newspaper circulated in the county
not
more than 30 days nor less than 7 days prior to before the
hearing, reasonable permit requirements and, subject to subsections
(6) and (7), a schedule of fees to be charged sufficient to cover
only the necessary and actual costs applied in a reasonable manner
for
the issuance of issuing the permit and for review of the
proposed activity, inspection, and related expenses. In addition, a
county road commission and a local unit of government may adopt a
schedule of civil fines that can be imposed on a provider that
performs work in a right-of-way without obtaining a permit as
required under this section or that fails to maintain a security
bond, right-of-way bond, or irrevocable letter of credit as
required under this section during construction work within the
right-of-way. The amount of a civil fine imposed on a provider must
not exceed $5,000.00 per violation, and a civil fine must not be
imposed on a provider if the work is required in a right-of-way on
an emergency basis to restore services impacting public safety.
After the work authorized in the permit has been completed,
itemization
of all costs shall must be supplied upon request of the
permit holder.
(3)
When a road commission adopts procedures for the issuance
of
issuing permits or adopts a schedule of fees as provided in
this
section,
separate procedures and fee schedules shall must be
adopted
for the issuance of issuing
annual and emergency permits
that reflect the minimal administrative burden of issuing an annual
permit for frequent but routine and unobtrusive work such as
surveying and the extraordinary emergency repairs to municipal or
public utilities.
(4) A county road commission may not refuse a permit requested
by a government entity for the installation of a facility or
utility owned by that government entity if security is given by the
permittee or its contractor to the county road commission
sufficient to insure restoration of the road and appurtenances to
the road and the adjacent right-of-way to a condition reasonably
equal
to or better than that existing prior to such before that
installation. nor
may a
(5) A county road commission shall not require a provider to
perform or, except as otherwise provided in this section, pay for
any topographic, boundary, environmental, or other kind of survey,
study, or analysis of a right-of-way as a condition of or in
connection with issuing a permit. A county road commission may
require a provider to submit detailed engineering plans directly
related to work in the right-of-way by that provider as a condition
of or in connection with issuing a permit. In addition to any
permit fees, a county road commission may require a provider to pay
for any necessary and actual costs for inspections related to work
in a right-of-way by that provider.
(6) A county road commission shall not charge a government
entity or, except as otherwise provided in this section, a provider
a permit fee exceeding $300.00 per permit or, except as otherwise
provided
in this section, $1,000.00 total for
all permits permit
fees per project. In a county with a population of more than
250,000, a county road commission shall not charge a provider a
permit fee exceeding $600.00 per permit or, except as otherwise
provided in this section, $2,000.00 total for all permit fees per
project.
(7) Except as otherwise provided in this section, a county
road commission shall not require a provider to obtain a permit for
performing routine maintenance or repair work, as defined in the
permit, in a right-of-way more than once a year, and shall not
charge a provider an annual permit fee exceeding $300.00 for that
permit for performing routine maintenance or repair work in a
right-of-way. In a county with a population of more than 250,000, a
county road commission shall not require a provider to obtain a
permit for performing routine maintenance or repair work, as
defined in the permit, in a right-of-way more than once a year, and
shall not charge a provider an annual permit fee exceeding $600.00
for that permit for performing routine maintenance or repair work
in a right-of-way. The annual permit fee provided in this
subsection is not included in the permit fee limitation provided in
subsection (6).
(8) (5)
This section does not authorize a
county road
commission
to require a permit for an activity a driveway or
routine
maintenance in silvicultural operations that
is are
otherwise permissible under the laws of this state. A county road
commission shall not be held liable for the failure of a person
performing work for which a permit is not required on a county road
right-of-way to post a sign that gives advance warning of the work
being performed in the right-of-way. As used in this subsection,
"silvicultural operations" means silvicultural practices as that
term is defined in section 51101 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.51101.
(9) Except as otherwise provided in this section, a county
road commission shall not require a provider to have more than 1
security bond or right-of-way bond to secure the performance of the
conditions of all permits issued that authorize the provider to
construct, operate, maintain, or remove a facility or perform any
other work anywhere within the right-of-way, as designated in the
permits, of any road under the jurisdiction of the county road
commission. The provider shall determine whether the security bond
or right-of-way bond described in this subsection is an insurance
bond or a cash bond. A county road commission shall not require the
security bond or right-of-way bond to be a cash bond. Except as
otherwise provided in this section, the amount of a security bond
or right-of-way bond described in this subsection must not exceed
$20,000.00. In a county with a population of more than 250,000, the
amount of a security bond or right-of-way bond described in this
subsection must not exceed $40,000.00. Upon the request of a
provider, the county road commission shall return a security bond
or right-of-way bond to the provider within 120 days after the
provider completes construction work in the right-of-way. Instead
of providing a security bond or right-of-way bond, a provider may
provide security that consists of an irrevocable letter of credit
issued by a state or federally regulated financial institution
licensed to do business in this state to secure the performance of
the conditions of all permits issued that authorize the provider to
construct, operate, maintain, or remove a facility or perform any
other work anywhere within the right-of-way, as designated in the
permits, of any road under the jurisdiction of the county road
commission. Notwithstanding the limitation in this subsection
requiring only 1 security bond or right-of-way bond, if there is a
claim made against the bond, the provider must provide the county
road commission with another security bond or right-of-way bond in
order to continue working in that county. A bond required under
this subsection must be from a state or federally regulated entity
licensed to do business in this state.
(10) A provider shall maintain general liability insurance
with minimum policy limits of $2,000,000.00 per occurrence for
property damage and $2,000,000.00 per occurrence for bodily injury
that apply to all claims, demands, suits, or causes of action
arising in connection with or as a direct result of the provider's
use and occupancy of a right-of-way under the jurisdiction of a
county road commission.
(11) This section does not prohibit a county road commission
and a provider from entering into a voluntary agreement regarding
right-of-way access that includes permits, terms, and conditions
that are different than the requirements or limitations imposed by
this section, including, but not limited to, the amount of permit
fees, terms of insurance, the size or number of security bonds or
right-of-way bonds, or other valuable consideration. A county road
commission that enters a voluntary agreement to access the rights-
of-way with 1 provider shall offer similar terms and conditions
regarding access to the rights-of-way to other providers.
(12) Except if work is required in a right-of-way on an
emergency basis to restore services impacting public safety, a
provider that performs work in a right-of-way without obtaining a
permit as required under this section or that fails to maintain a
security bond, right-of-way bond, or irrevocable letter of credit
as required under this section during construction work within the
right-of-way is responsible for a civil fine of not more than
$5,000.00 per violation as provided in the schedule of civil fines
adopted under subsection (2).
(13) As used in this section:
(a) "County road commission" means the board of county road
commissioners elected or appointed pursuant to section 6 of this
chapter, or, in the case of a charter county with a population of
750,000 or more with an elected county executive that does not have
a board of county road commissioners, the county executive for
ministerial functions and the county commission provided for in
section 14(1)(d) of 1966 PA 293, MCL 45.514, for legislative
functions. In addition, if a board of county road commissioners is
dissolved as provided in section 6 of this chapter, county road
commission includes the county board of commissioners of the
county.
(b) "Provider" means either of the following:
(i) A telecommunication provider as that term is defined in
section 102 of the Michigan telecommunications act, 1991 PA 179,
MCL 484.2102.
(ii) A video service provider as that term is defined in
section 1 of the uniform video services local franchise act, 2006
PA 480, MCL 484.3301.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
