Bill Text: MI SB0184 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Appropriations; zero budget; department of transportation; provide for fiscal year 2013-2014. Creates appropriation act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2013-06-04 - For Final Disposition Of Budget, See Hb 4328 [SB0184 Detail]
Download: Michigan-2013-SB0184-Engrossed.html
SB-0184, As Passed Senate, April 30, 2013
SUBSTITUTE FOR
SENATE BILL NO. 184
A bill to make appropriations for the department of
transportation for the fiscal year ending September 30, 2014; and
to provide for the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
transportation for the fiscal year ending September 30, 2014, from
the following funds:
STATE TRANSPORTATION DEPARTMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,912.3
Senate Bill No. 184 as amended April 30, 2013
GROSS APPROPRIATION.................................... $ <3,493,816,700>
Total interdepartmental grants and intradepartmental
transfers............................................ 3,625,100
ADJUSTED GROSS APPROPRIATION........................... $ <3,490,191,600>
Federal revenues:
DOT, federal transit act............................... 44,710,000
DOT, federal aviation administration................... 78,578,000
DOT-FHWA, highway research, planning, and construction. 1,072,497,500
DOT-FRA, local rail service assistance................. 100,000
DOT-FRA, rail passenger/HSGT........................... 3,000,000
Total federal revenues................................. 1,198,885,500
Special revenue funds:
Local funds............................................ 50,177,100
Private revenues....................................... 100,000
Total local and private revenues....................... 50,277,100
Blue Water Bridge fund................................. 46,212,700
Comprehensive transportation fund...................... <<283,174,500>>
Economic development fund.............................. 42,477,500
Intercity bus equipment fund........................... 140,000
IRS debt service rebate................................ 7,523,400
Local bridge fund...................................... 23,787,900
Michigan transportation fund........................... 989,713,600
Rail freight fund...................................... 2,000,000
State aeronautics fund................................. 14,955,300
State trunkline fund................................... 831,044,100
Total other state restricted revenues.................. <2,241,029,000>
State general fund/general purpose..................... $ 0
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose............................................ 0
One-time state general fund/general
purpose............................................ 0
Sec. 102. DEBT SERVICE
State trunkline........................................ $ 199,738,200
Economic development................................... 10,003,400
Local bridge fund...................................... 2,406,300
Blue Water Bridge fund................................. 6,962,500
Airport safety and protection plan..................... 3,892,200
Comprehensive transportation........................... 19,318,500
GROSS APPROPRIATION.................................... $ 242,321,100
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 45,912,200
Special revenue funds:
Blue Water Bridge fund................................. 6,962,500
Comprehensive transportation fund...................... 19,318,500
Economic development fund.............................. 10,003,400
IRS debt service rebate................................ 7,523,400
Local bridge fund...................................... 2,406,300
State aeronautics fund................................. 3,892,200
State trunkline fund................................... 146,302,600
State general fund/general purpose..................... $ 0
Sec. 103. COLLECTION, ENFORCEMENT, AND OTHER AGENCY
SUPPORT SERVICES
MTF grant to department of environmental quality....... $ 1,285,700
MTF grant to department of state for collection of
revenue and fees..................................... 20,000,000
MTF grant to department of treasury.................... 2,500,000
MTF grant to legislative auditor general............... 296,000
STF grant to department of attorney general............ 2,387,000
STF grant to civil service commission.................. 5,697,000
STF grant to department of technology, management,
and budget........................................... 1,324,200
STF grant to department of state police................ 11,258,700
STF grant to department of treasury.................... 129,700
STF grant to legislative auditor general............... 687,600
SAF grant to department of attorney general............ 174,400
SAF grant to civil service commission.................. 150,000
SAF grant to department of technology, management,
and budget........................................... 40,000
SAF grant to department of treasury.................... 71,600
SAF grant to legislative auditor general............... 28,300
CTF grant to attorney general.......................... 200,900
CTF grant to civil service commission.................. 200,000
CTF grant to department of technology, management,
and budget........................................... 46,000
CTF grant to department of treasury.................... 12,200
CTF grant to legislative auditor general............... 36,400
GROSS APPROPRIATION.................................... $ 46,525,700
Appropriated from:
Special revenue funds:
Comprehensive transportation fund...................... 495,500
Michigan transportation fund........................... 24,081,700
State aeronautics fund................................. 464,300
State trunkline fund................................... 21,484,200
State general fund/general purpose..................... $ 0
Sec. 104. EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 29.3
Unclassified salaries.................................. $ 707,000
Asset management council............................... 1,626,400
Commission audit--29.3 FTE positions................... 3,298,200
GROSS APPROPRIATION.................................... $ 5,631,600
Appropriated from:
Interdepartmental grant revenues:
Special revenue funds:
Michigan transportation fund........................... 1,626,400
State trunkline fund................................... 4,005,200
State general fund/general purpose..................... $ 0
Sec. 105. BUSINESS SUPPORT
Full-time equated classified positions........... 76.5
Business support services--67.5 FTE positions.......... $ 9,427,700
Economic development and enhancement programs--9.0
FTE positions........................................ 1,426,200
Property management.................................... 8,068,700
Worker's compensation.................................. 2,013,000
GROSS APPROPRIATION.................................... $ 20,935,600
Appropriated from:
Interdepartmental grant revenues:
Special revenue funds:
Comprehensive transportation fund...................... 1,369,700
Economic development fund.............................. 378,700
Michigan transportation fund........................... 760,500
State aeronautics fund................................. 625,400
State trunkline fund................................... 17,801,300
State general fund/general purpose..................... $ 0
Sec. 106. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 31,119,700
GROSS APPROPRIATION.................................... $ 31,119,700
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 520,500
Special revenue funds:
Blue Water Bridge fund................................. 53,100
Comprehensive transportation fund...................... 215,600
Economic development fund.............................. 37,200
Michigan transportation fund........................... 284,700
State aeronautics fund................................. 168,300
State trunkline fund................................... 29,840,300
State general fund/general purpose..................... $ 0
Sec. 107. FINANCE, CONTRACTS, AND SUPPORT SERVICES
Full-time equated classified positions.......... 186.0
Finance, contracts, and support services--186.0 FTE
positions............................................ $ 20,896,100
GROSS APPROPRIATION.................................... $ 20,896,100
Appropriated from:
Interdepartmental grant revenues:
IDG for accounting service center user charges......... 3,625,100
Special revenue funds:
Michigan transportation fund........................... 1,677,000
State trunkline fund................................... 15,594,000
State general fund/general purpose..................... $ 0
Sec. 108. TRANSPORTATION PLANNING
Full-time equated classified positions.......... 141.0
Transportation planning--141.0 FTE positions........... $ 37,794,600
Grants to regional planning councils .................. 488,800
GROSS APPROPRIATION.................................... $ 38,283,400
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 20,000,000
Special revenue funds:
Comprehensive transportation fund...................... 610,500
Michigan transportation fund........................... 6,941,300
State aeronautics fund................................. 15,000
State trunkline fund................................... 10,716,600
State general fund/general purpose..................... $ 0
Sec. 109. DESIGN AND ENGINEERING SERVICES
Full-time equated classified positions........ 1,500.8
Engineering services--701.1 FTE positions.............. $ 69,781,400
Program services--737.7 FTE positions.................. 59,563,000
Intelligent transportation systems operations--12.0
FTE positions........................................ 10,712,900
Welcome center operations--50.0 FTE positions.......... 4,403,900
GROSS APPROPRIATION.................................... $ 144,461,200
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 23,529,800
Special revenue funds:
Michigan transportation fund........................... 8,216,800
State trunkline fund................................... 112,714,600
State general fund/general purpose..................... $ 0
Sec. 110. HIGHWAY MAINTENANCE
Full-time equated classified positions.......... 808.7
State trunkline operations--808.7 FTE positions........ $ 275,689,500
GROSS APPROPRIATION.................................... $ 275,689,500
Appropriated from:
Interdepartmental grant revenues:
Special revenue funds:
State trunkline fund................................... 275,689,500
State general fund/general purpose..................... $ 0
Sec. 111. ROAD AND BRIDGE PROGRAMS
State trunkline federal aid and road and bridge
construction......................................... $ 998,193,500
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................................... 21,381,600
County road commissions................................ 583,032,000
Cities and villages.................................... 325,066,400
GROSS APPROPRIATION.................................... $ 2,204,116,500
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................................. 32,907,300
Local bridge fund...................................... 21,381,600
Michigan transportation fund........................... 944,098,400
State trunkline fund................................... 193,194,200
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....... $ 6,289,800
GROSS APPROPRIATION.................................... $ 6,289,800
Appropriated from:
Special revenue funds:
Blue Water Bridge fund................................. 6,289,800
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............... 8,029,000
Urban county congestion................................ 8,264,600
Rural county primary................................... 8,264,600
GROSS APPROPRIATION.................................... $ 32,058,200
Appropriated from:
Special revenue funds:
Economic development fund.............................. 32,058,200
State general fund/general purpose..................... $ 0
Sec. 114. AERONAUTICS AND FREIGHT SERVICES
Full-time equated classified positions........... 54.0
Aeronautics services--54.0 FTE positions............... $ 7,354,700
Air service program.................................... 301,200
GROSS APPROPRIATION.................................... $ 7,655,900
Appropriated from:
Interdepartmental grant revenues:
Special revenue funds:
State aeronautics fund................................. 7,655,900
State general fund/general purpose..................... $ 0
Sec. 115. PUBLIC TRANSPORTATION SERVICES
Full-time equated classified positions........... 36.0
Passenger transportation services--36.0 FTE positions.. $ 5,662,800
GROSS APPROPRIATION.................................... $ 5,662,800
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
DOT, federal transit act............................... 972,100
Special revenue funds:
Comprehensive transportation fund...................... 4,651,800
Michigan transportation fund........................... 38,900
Senate Bill No. 184 as amended April 30, 2013
State general fund/general purpose..................... $ 0
Sec. 116. BUS TRANSIT DIVISION: STATUTORY OPERATING
Local bus operating.................................... $ 166,624,000
Nonurban operating/capital............................. 25,187,900
Discretionary state operating.......................... 5,400,000
GROSS APPROPRIATION.................................... $ 197,211,900
Appropriated from:
Federal revenues:
DOT, federal transit act............................... 23,187,900
Special revenue funds:
Local funds............................................ 2,000,000
Comprehensive transportation fund...................... 172,024,000
State general fund/general purpose..................... $ 0
Sec. 117. INTERCITY PASSENGER AND FREIGHT
Full-time equated classified positions........... 39.0
Office of rail--39.0 FTE positions..................... $ 6,293,700
Freight property management............................ 1,000,000
Detroit/Wayne County port authority.................... 468,200
Intercity services..................................... 5,940,000
Rail operations and infrastructure..................... 27,592,000
<<Rail passenger service/Wolverine line................ 19,333,000>>
Marine passenger services.............................. 400,000
Terminal development................................... 461,000
GROSS APPROPRIATION.................................... $ <<61,487,900>>
Appropriated from:
Federal revenues:
DOT, federal transit act............................... 4,500,000
DOT-FRA, local rail service assistance................. 100,000
Senate Bill No. 184 as amended April 30, 2013
DOT-FRA, rail passenger/HSGT........................... 3,000,000
Special revenue funds:
Local funds............................................ 150,000
Private funds.......................................... 100,000
Comprehensive transportation fund...................... <<48,809,900>>
Intercity bus equipment fund........................... 140,000
Rail freight fund...................................... 2,000,000
Michigan transportation fund........................... 1,987,900
State trunkline fund................................... 700,100
State general fund/general purpose..................... $ 0
Sec. 118. PUBLIC TRANSPORTATION DEVELOPMENT
Specialized services................................... $ 18,028,800
Transit capital........................................ 32,145,300
Van pooling............................................ 807,000
Service initiatives.................................... 1,682,900
Transportation to work................................. 4,700,000
GROSS APPROPRIATION.................................... $ 57,364,000
Appropriated from:
Federal revenues:
DOT, federal transit act............................... 16,050,000
Special revenue funds:
Local funds............................................ 5,635,000
Comprehensive transportation fund...................... 35,679,000
State general fund/general purpose..................... $ 0
Sec. 119. CAPITAL OUTLAY
(1) BUILDINGS AND FACILITIES
Miscellaneous special maintenance, remodeling, and
Senate Bill No. 184 as amended April 30, 2013
additions............................................ $ 3,001,500
GROSS APPROPRIATION.................................... $ 3,001,500
Appropriated from:
Special revenue funds:
State trunkline fund................................... 3,001,500
State general fund/general purpose..................... $ 0
(2) AIRPORT IMPROVEMENT PROGRAMS
Airport safety, protection, and improvement program.... $ 93,104,300
GROSS APPROPRIATION.................................... $ 93,104,300
Appropriated from:
Federal revenues:
DOT, federal aviation administration................... 78,578,000
Special revenue funds:
Local funds............................................ 12,392,100
State aeronautics fund................................. 2,134,200
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2013-2014
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 2013-2014 is <<$2,241,029,000.00>> and
state spending from state resources to be paid to local units of
government for fiscal year 2013-2014 is $1,208,687,600.00. The
itemized statement below identifies appropriations from which
spending to local units of 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................................... 21,381,600
Grants to county road commissions...................... 583,032,000
Grants to cities and villages.......................... 325,066,400
Economic development fund.............................. 32,058,200
Air service program.................................... 301,200
Local bus operating.................................... 166,624,000
Discretionary state operating.......................... 5,400,000
Detroit/Wayne County port authority.................... 468,200
Marine passenger service............................... 400,000
Terminal development................................... 461,000
Specialized services................................... 3,943,800
Municipal credit program............................... 0
Transit capital........................................ 25,895,300
Service initiatives.................................... 332,900
Transportation to work................................. 4,700,000
Airport safety, protection, and improvement
program............................................... 2,134,200
Total payments to local units of government............ $ 1,208,687,600
Sec. 202. The appropriations authorized under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
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 part 1 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 part 1 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 part 1
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 part 1
pursuant to section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
Sec. 207. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
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. 215. A department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 228. Not later than November 15, the department shall
prepare and transmit a report that provides for estimates of the
total general fund/general purpose appropriation lapses at the
close of the fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be
transmitted to the office of the state budget, the chairpersons of
the senate and house of representatives standing committees on
appropriations, and the senate and house fiscal agencies.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall provide the state
budget director, the senate and house appropriations chairs, the
Senate Bill No. 184 as amended April 30, 2013
senate and house appropriations subcommittees on transportation,
respectively, and the senate and house fiscal agencies with an
annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund
expenditures for the fiscal year ending September 30, 2013.
<<Sec. 233. Not later than April 1, the department shall
prepare and transmit a report that provides detail regarding the department's expenditures for administration and planning associated
with local units of government. The report shall list the portion
of all the expenditures from part 1 that are allocated for
administration and planning that are associated with the
disbursement of all local funds. The report shall be transmitted
to the office of the state budget, the senate and house
appropriations chairs, the senate and house appropriations
subcommittees on transportation, respectively, and the senate
and house fiscal agencies.>>
Sec. 235. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the agency's performance.
Sec. 260. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of 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 senate and house appropriations committees, the
house and senate fiscal agencies, and the state budget director.
The report shall include the following information:
(a) The dates of each travel occurrence.
(b) 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.
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, 2014 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. 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 may 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 part 1 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) 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. (1) 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.
(2) A contractor's prequalification rating shall not be
reduced or restricted until all administrative appeals have been
completed. The department can take immediate action regarding a
contractor's prequalification rating for public safety reasons or
to prevent fraud and malfeasance of public funds.
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. 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. 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. 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. 381. The department shall require as a condition of each
contract or subcontract for construction, maintenance, or
engineering services that the prequalified contractor or
prequalified subcontractor agree to use the E-Verify system to
verify that all persons hired during the contract term by the
contractor or subcontractor are legally present and authorized to
work in the United States. The department may verify this
information directly or may require contractors and subcontractors
to verify the information and submit a certification to the
department. The department shall report to the house and senate
appropriations committees and the house and senate fiscal agencies
by March 1, 2014 describing the processes it has developed and
implemented under provisions of this section. As used in this
section, "E-Verify" means an Internet-based system operated by the
department of homeland security, U.S. citizenship and immigration
services in partnership with the social security administration.
Sec. 384. (1) The department shall not expend any state
transportation revenue for construction planning or construction of
the Detroit River International Crossing or a renamed successor. In
addition, except as provided in subsection (3), the department
shall not commit the state to any new contract related to the
construction planning or construction of 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, and the department has completed the Gateway
project.
(2) On or before March 31, 2014, 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.
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 this 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 licensing and regulatory affairs or the department of state
police is deposited in the Michigan transportation fund.
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. 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. 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. 610. The department shall 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 and when funds
are available, 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. 661. Of the appropriation from the state trunkline fund
in part 1 for state trunkline federal aid and road and bridge
construction, $130,000,000.00 represents estimated revenue from
passage of Senate Bill No. 6 of the 2013-2014 legislative session
and is intended to ensure that the state is able to match all
available federal-aid highway funds.
COMPREHENSIVE TRANSPORTATION FUND
Sec. 701. The department shall establish an intercity bus
equipment and facility fund as a subsidiary fund within the
comprehensive transportation fund created under section 10b of 1951
PA 51, MCL 247.660b. Proceeds received by this state from the sale
of state-owned intercity bus equipment shall be credited to the
intercity bus equipment facility fund for the purchase and repair
of intercity bus equipment, as appropriated. Security deposits not
returned to a lessee of state-owned intercity bus equipment under
terms of the lease agreement shall be credited to the intercity bus
equipment fund for the repair of intercity bus equipment, as
appropriated. Money received by the department from lease payments
for state-owned intercity bus equipment, and facility maintenance
charges under terms of leases of state-owned intercity facilities,
shall be credited to the intercity bus equipment facility fund for
the purchase and repair of intercity bus equipment or for the
maintenance and rehabilitation of state-owned intercity facilities,
as appropriated. At the close of the fiscal year, any funds
remaining in the intercity bus equipment facility fund shall remain
in the fund and be carried forward into the succeeding fiscal year.
Sec. 702. Money that is received by this 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. 735. For the fiscal year ending September 30, 2014, the
appropriation to a street railway pursuant to section 10e(22) of
1951 PA 51, MCL 247.660e, is $0.
Sec. 736. From the funds appropriated in part 1 for rail
operations and infrastructure, $3,000,000.00 shall be allocated for
a pilot project to test traffic control devices at rail grade
crossings on railroad tracks that are federally designated as a
high-speed rail corridor under 49 USC 26106. Any pilot project
entered into under this section shall be done using a competitive
bidding process.
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.
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 5% of the cost of any project under this section, unless a
total nonfederal share greater than 10% 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 and the house and
senate fiscal agencies on 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.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2015 for
the line items listed in part 1. The fiscal year 2014-2015
appropriations are anticipated to be the same as those for fiscal
year 2013-2014, 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 2014 consensus revenue estimating
conference.
Sec. 1202. It is the intent of the legislature that the
department identify the amounts for normal retirement costs and
legacy retirement costs for the fiscal year ending on September 30,
2015 for the line items listed in part 1.
