January 11, 2018, Introduced by Rep. Cole 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 9a (MCL 247.659a), as amended by 2012 PA 298.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9a. (1) As used in this section:
(a) "Asset management" means an ongoing process of
maintaining, preserving, upgrading, and operating physical assets
cost-effectively, based on a continuous physical inventory and
condition assessment and investment to achieve established
performance goals.
(b) "Bridge" means a structure including supports erected over
a depression or an obstruction, such as water, a highway, or a
railway, for the purposes of carrying traffic or other moving
loads, and having an opening measuring along the center of the
roadway of more than 20 feet between undercopings of abutments or
spring lines of arches, or extreme ends of openings for multiple
boxes where the clear distance between openings is less than 1/2 of
the smaller contiguous opening.
(c)
"Central storage data agency" means that an agency
or
office chosen by the council where the data collected is stored and
maintained.
(d) "Council" means the transportation asset management
council created by this section.
(e) "Department" means the state transportation department.
(f) "Federal-aid eligible" means a public road or bridge that
is eligible for federal aid to be spent for the construction,
repair, or maintenance of that road or bridge.
(g) "Local road agency" means a county road commission or
designated county road agency or city or village that is
responsible for the construction or maintenance of public roads
within the state under this act.
(h) "Michigan infrastructure council" means the Michigan
infrastructure council created in section 3 of the Michigan
infrastructure council act.
(i) (h)
"Multiyear program" means
a compilation of road and
bridge projects anticipated to be contracted for by the department
or a local road agency during a 3-year period. The multiyear
program shall include a listing of each project to be funded in
whole or in part with state or federal funds.
(j) "Region" means the geographic jurisdiction of any of the
following:
(i) A regional planning commission created under 1945 PA 281,
MCL 125.11 to 125.25.
(ii) A regional economic development commission created under
1966 PA 46, MCL 125.1231 to 125.1237.
(iii) A metropolitan area council formed under the
metropolitan area councils act, 1989 PA 292, MCL 124.651 to
124.729.
(iv) A Michigan metropolitan planning organization established
under the moving ahead for progress in the 21st century act, Public
Law 112-141.
(v) An agency directed and funded by section 822f of 2016 PA
268, to engage in joint decision-making practices related to, but
not limited to, community development, economic development,
talent, and infrastructure opportunities.
(k) (i)
"State planning and
development regions" means those
agencies
required by section 134 of title 23 of the United States
Code,
23 USC 134, and those agencies
established by Executive
Directive 1968-1.
(l) "Water asset management council" means the water asset
management council created in section 5002 of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.5002.
(2) In order to provide a coordinated, unified effort by the
various
roadway road agencies within the this state,
the
transportation
asset management council is hereby
created within
the
state transportation commission and is charged with advising
until the Michigan infrastructure council is created. Upon creation
of the Michigan infrastructure council, the council shall be placed
within the Michigan infrastructure council and shall serve at the
pleasure of the Michigan infrastructure council.
(3) The council shall advise the commission on a statewide
transportation asset management strategy and the processes and
necessary
tools needed to implement such a
that strategy, beginning
with
the federal-aid eligible highway system, and once completed,
continuing
on with the county road and municipal systems, in a
cost-effective,
efficient manner. Nothing in this section shall
prohibit
a local road agency from using an asset management process
on
its non-federal-aid eligible system. in order to meet federal
performance management requirements that may be imposed as a
condition of federal aid, and including pavement and bridge
conditions on the federal-aid eligible highway system and
infrastructure assets that impact system performance, safety, or
risk management, including signals and culverts.
(4) The transportation asset management council shall consist
of
10 12 voting members appointed by the state transportation
commission, who will serve at the pleasure of the chairperson of
the state transportation commission or, upon its creation, the
Michigan infrastructure council. The council shall include 2
members
from the county road association of Michigan road agencies,
2
6 members from the Michigan municipal league, associations
representing local units of government, 2 members from the state
planning
and development regions, 1 member from the Michigan
townships
association, 1 member from the Michigan association of
counties,
and 2 members from the department or other members
selected by the council. Nonvoting members shall include 1 person
from the agency or office selected as the location for central data
storage.
Each agency with voting rights shall submit a list of 2
nominees
to the state transportation commission from which the
appointments
shall be made. The Michigan townships association
shall
submit 1 name, and the Michigan association of counties shall
submit
1 name. Names shall be submitted within 30 days after July
3,
2002. The state transportation commission shall make the
appointments
within 30 days after receipt of the lists.
(5) (3)
The positions for the department on the council shall
be permanent. The position of the central data storage agency shall
be nonvoting and shall be for as long as the agency continues to
serve
as the data storage repository. The member from the Michigan
association
of counties shall be initially appointed for 2 years.
The
member from the Michigan townships association shall be
initially
appointed for 3 years. Of the members first appointed
from
the county road association of Michigan, the Michigan
municipal
league, and the state planning and development regions, 1
member
of each group shall be appointed for 2 years and 1 member of
each
group shall be appointed for 3 years. At the end of the
initial
appointment, all terms shall be for 3 years. All other
members of the council shall serve staggered 3-year terms. The
chairperson shall be selected from among the voting members of the
council.
(6) A vacancy on the council shall be filled from a list of no
more than 3 recommended candidates provided by the association that
member would represent. The state transportation commission, or,
after its creation, the Michigan infrastructure council, shall
select the new member from the list of candidates provided under
this subsection.
(7) (4)
The department shall provide
qualified administrative
staff and the state planning and development regions shall provide
qualified technical assistance to the council.
(5)
The council shall develop and present to the state
transportation
commission for approval within 90 days after the
date
of the first meeting the procedures and requirements that are
necessary
for the administration of the asset management process.
The
procedures and requirements developed and presented by the
council
shall, at a minimum, include the areas of training, data
storage
and collection, reporting, development of a multiyear
program,
budgeting and funding, and other issues related to asset
management.
All quality control standards and protocols shall, at a
minimum,
be consistent with existing federal requirements and
regulations
and existing government accounting standards.
(6)
The council may appoint a technical advisory panel whose
members
shall be representatives from the transportation
construction
associations and related transportation road
interests.
The asset management council shall select members to the
technical
advisory panel from names submitted by the transportation
construction
associations and related transportation road
interests.
The technical advisory panel members shall be appointed
for
3 years. The asset management council shall determine the
research
issues and assign projects to the technical advisory panel
to
assist in the development of statewide policies. The technical
advisory
panel's recommendations shall be advisory only and are not
binding
on the asset management council.
(8) The council may appoint subcommittees or technical
advisory committees whose members shall serve as needed to provide
research on issues and projects as directed by the council. A
recommendation from a subcommittee or a technical advisory
committee appointed under this subsection is advisory only and is
not binding on the council.
(9) The council shall advise the commission and the Michigan
infrastructure council on a statewide transportation asset
management strategy and the processes and tools needed to implement
that strategy, beginning with the federal-aid eligible highway
system, in order to meet federal performance management
requirements that may be imposed as a condition of federal aid. The
council shall also advise the commission and the Michigan
infrastructure council on the pavement and bridge condition of the
federal-aid eligible highway system, as well as infrastructure
assets that impact system performance, safety, or risk management,
including, but not limited to, signals and culverts.
(10) When asset management efforts on the federal-aid eligible
highway system are completed, the Michigan infrastructure council
may direct the council to continue collecting data for the
remaining non-federal-aid eligible highway system in a cost-
effective and efficient manner.
(11) This section does not prohibit a local road agency from
using an asset management process for a non-federal-aid eligible
road or street system within its jurisdiction, if the use of that
asset management process does not interfere with progress toward
other highway system goals.
(12) Except as otherwise provided in this subsection, costs
incurred for data collection, analysis, or submittal, other than
costs covered by the council for the federal-aid eligible highway
system, are the responsibility of the owner of the data. If any
money remains after data collection for the federal-aid eligible
highway system in a region is complete, a local road agency may
request that the region collect data on local roads or streets
within that region. The region shall determine where to collect
local road or street data to expend its remaining data collection
money based upon requests received from local road agencies.
(13) The council shall promote and oversee the implementation
of recommendations from the regional infrastructure asset
management pilot program on a statewide level as the program
relates to roads, bridges, and related transportation
infrastructure.
(14) No later than October 1, 2019, the council shall develop
a template for an asset management plan for use by local road
agencies responsible for 100 or more certified miles of road and
require its submission to the transportation asset management
council as provided in subsection (17). The template required by
this subsection shall include, but is not limited to, all of the
following:
(a) Asset inventory, including the location, material, size,
and condition of the assets, in a format that allows for digital
mapping. All quality control standards and protocols for assets
shall be consistent with existing federal requirements and
regulations and government accounting standards.
(b) Performance goals, including the desired condition and
performance of the assets. The performance goals shall be
consistent with federally required efforts to set performance
targets and achieve performance goals for federal-aid eligible
roads and bridges. Performance goals may vary among assets under
the local road agency's jurisdiction to ensure that investment of
money received under this act achieves the greatest benefit for the
greatest number of road users.
(c) Risk of failure analysis, including the identification of
the probability and criticality of a failure of the most critical
assets and any contingency plans.
(d) Anticipated revenues and expenses, including a description
of all revenue sources and anticipated receipts for the period
covered by the asset management plan and expected infrastructure
repair and replacement expenditures, including planned improvements
and capital reconstruction.
(e) Performance outcomes, including a determination of how the
local road agency's investment strategy will achieve the desired
levels of service and performance goals and the steps necessary to
ensure asset conditions meet or achieve stated goals and a
description and explanation of any gap between achievable condition
and performance through the investment strategy and desired goals.
(f) A description of how the local road agency plans to
coordinate with other infrastructure owners, including neighboring
jurisdictions and utilities, to minimize duplication of effort
regarding infrastructure preservation and maintenance.
(g) Proof of acceptance, certification, or adoption by the
local road agency's governing body.
(15) (7)
The As a condition of
receiving funds under this act,
the department, each county road commission, and each city and
village of this state shall annually submit a report on
infrastructure
conditions and investment to the transportation
asset
management council. This report
shall include a multiyear
program developed through the asset management process described in
this section. All of the following apply to a multiyear program
required by this subsection:
(a)
Projects Beginning on January 1, 2020, projects contained
in the department's annual multiyear program shall be consistent
with the department's asset management process and plan, and shall
be reported consistent with categories established by the
transportation
asset management council.
(b)
Projects Beginning on January 1, 2022, projects contained
in the annual multiyear program of each local road agency
responsible for 100 or more certified miles of road shall be
consistent
with the asset management process and
plan of each that
local road agency and shall be reported consistent with categories
established
by the transportation asset management council.
(c) Projects contained in the annual multiyear program of each
local road agency responsible for less than 100 certified miles of
road shall be consistent with the asset management process of that
local road agency and shall be reported consistent with categories
established by the council.
(16) No later than October 1, 2019, the council shall
establish a schedule for the submission of asset management plans
by local road agencies described in subsection (15)(b) that ensures
that 1/3 of those local road agencies submit an asset management
plan each year.
(17) Beginning October 1, 2020, each local road agency
described in subsection (15)(b) shall begin submitting an asset
management plan to the council according to the 3-year schedule
described in subsection (16). The asset management plan shall cover
a period of at least 3 years, and shall be consistent with a
template provided by the council. A local road agency that is
required to submit an asset management plan under this subsection
that has not submitted the plan by October 1, 2024 is out of
compliance with this act and will not receive funding under this
act until it submits an asset management plan to the council that
satisfies the requirements of this section.
(18) The council shall review a plan submitted under
subsection (17) no later than 6 months after receipt of the plan.
The council shall compare the plan to the minimum requirements of
this act, and the template created by the council, and determine
whether the plan is in compliance with those standards. If the plan
does not meet those standards, the council shall seek concurrence
from the department that the plan does not meet the council's
standards. If the department concurs, the council shall require the
local road agency to revise its plan to conform to the standards
within 6 months after notifying the local road agency that the plan
does not meet the council's standards.
(19) Beginning October 1, 2025, a local road agency described
in subsection (15)(b) that cannot demonstrate that it has made
annual progress toward achieving the performance goals described in
its asset management plan shall not shift funds distributed to it
under this act from a county primary road system to a county local
road system or from a city major street system to a city local
street system, as applicable.
(20) The department shall submit its transportation asset
management plan to the Federal Highway Administration for approval
as provided in 23 USC 119(e).
(21) An annual report shall be prepared by the staff assigned
to the council regarding the results of activities conducted during
the preceding year and the expenditure of funds related to the
processes and activities identified by the council. The report
shall also include a summary analysis of the asset management plans
and annual reports received from local road agencies, a
determination of how investments are achieving desired levels of
service and performance goals, an identification of any additional
steps that may be needed to achieve desired levels of service and
performance goals, and an overview of the activities identified for
the succeeding year. The council shall submit this report to the
state transportation commission, the Michigan infrastructure
council, the legislature, and the transportation committees of the
house and senate by May 2 of each year.
(22) (8)
Funding necessary to support the
activities described
in this section shall be provided by an annual appropriation from
the Michigan transportation fund to the state transportation
commission. Upon creation of the Michigan infrastructure council,
the annual appropriation provided for in this subsection shall be
allocated to the Michigan infrastructure council and shall be used
to support the activities described in this section.
(23) (9)
The department and each local road
agency shall keep
accurate and uniform records on all road and bridge work performed
and funds expended for the purposes of this section, according to
the procedures developed by the council. Each local road agency and
the department shall annually report to the council the mileage and
condition of the road and bridge system under their jurisdiction
and the receipts and disbursements of road and street funds in the
manner prescribed by the council, which shall be consistent with
any
current accounting procedures. An annual report shall be
prepared
by the staff assigned to the council regarding the results
of
activities conducted during the preceding year and the
expenditure
of funds related to the processes and activities
identified
by the council. The report shall also include an
overview
of the activities identified for the succeeding year. The
council
shall submit this report to the state transportation
commission,
the legislature, and the transportation committees of
the
house and senate by May 2 of each year.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.