Bill Text: MI SB0312 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Appropriations; transportation; department of transportation; provide for fiscal year 2009-2010. Creates appropriation act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-03-03 - Referred To Committee On Appropriations [SB0312 Detail]
Download: Michigan-2009-SB0312-Introduced.html
SENATE BILL No. 312
EXECUTIVE BUDGET BILL
March 3, 2009, Introduced by Senator ANDERSON and referred to the Committee on Appropriations.
A bill to make appropriations for the state transportation
department and certain transportation purposes for the fiscal year
ending September 30, 2010; to provide for the imposition of fees;
to provide for reports; to create certain funds and programs; to
prescribe requirements for certain railroad and bus facilities; to
prescribe certain powers and duties of certain state departments
and officials and local units of government; and to provide for the
expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this bill,
the amounts listed in this part are appropriated for the state
transportation department and certain state purposes designated in
this bill for the fiscal year ending September 30, 2010, from the
funds indicated in this part. The following is a summary of the
appropriations in this part:
STATE TRANSPORTATION DEPARTMENT
APPROPRIATION SUMMARY:
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 3,008.3
GROSS APPROPRIATION.................................... $ 3,268,120,900
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 3,268,120,900
Federal revenues:
Total federal revenues................................. 1,226,704,500
Special revenue funds:
Total local revenues................................... 56,073,400
Total private revenues................................. 0
Total other state restricted revenues.................. 1,985,343,000
State general fund/general purpose..................... $ 0
Sec. 102. DEBT SERVICE
State trunkline........................................ $ 203,125,200
Economic development................................... 9,228,200
Local bridge fund...................................... 3,318,700
Blue Water Bridge fund................................. 2,149,600
Airport safety and protection plan..................... 3,472,400
Comprehensive transportation........................... 29,843,200
GROSS APPROPRIATION.................................... $ 251,137,300
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 57,663,500
Special revenue funds:
Blue Water Bridge fund................................. 2,149,600
Comprehensive transportation fund...................... 29,843,200
Economic development fund.............................. 9,228,200
Local bridge fund...................................... 3,318,700
State aeronautics fund................................. 3,472,400
State trunkline fund................................... 145,461,700
State general fund/general purpose..................... $ 0
Sec. 103. COLLECTION, ENFORCEMENT, AND OTHER AGENCY
SUPPORT SERVICES
MTF grant to department of state for collection of
revenue and fees..................................... $ 20,000,000
MTF grant to department of treasury.................... 7,440,700
MTF grant to legislative auditor general............... 204,300
STF grant to department of attorney general............ 2,867,400
STF grant to civil service commission.................. 5,697,000
STF grant to department of management and budget....... 1,188,300
STF grant to department of state police................ 9,808,000
STF grant to department of treasury.................... 179,100
STF grant to legislative auditor general............... 474,600
SAF grant to department of attorney general............ 160,300
SAF grant to civil service commission.................. 150,000
SAF grant to department of management and budget....... 24,700
SAF grant to department of treasury.................... 74,700
SAF grant to legislative auditor general............... 19,600
CTF grant to department of attorney general............ 162,400
CTF grant to civil service commission.................. 200,000
CTF grant to department of management and budget....... 34,800
CTF grant to department of treasury.................... 4,100
CTF grant to legislative auditor general............... 25,200
GROSS APPROPRIATION.................................... $ 48,715,200
Appropriated from:
Special revenue funds:
Comprehensive transportation fund...................... 426,500
Michigan transportation fund........................... 27,645,000
State aeronautics fund................................. 429,300
State trunkline fund................................... 20,214,400
State general fund/general purpose..................... $ 0
Sec. 104. EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 31.3
Unclassified salaries.................................. $ 602,800
Asset management council............................... 1,626,400
Commission audit--31.3 FTE positions................... 3,574,600
GROSS APPROPRIATION.................................... $ 5,803,800
Appropriated from:
Special revenue funds:
Michigan transportation fund........................... 1,626,400
State trunkline fund................................... 4,177,400
State general fund/general purpose..................... $ 0
Sec. 105. BUSINESS SUPPORT
Full-time equated classified positions........... 57.0
Business support services--48.0 FTE positions.......... $ 6,076,300
Economic development and enhancement programs--9.0 FTE
positions............................................ 1,175,200
Property management.................................... 8,642,100
Worker's compensation.................................. 1,726,700
GROSS APPROPRIATION.................................... $ 17,620,300
Appropriated from:
Special revenue funds:
Comprehensive transportation fund...................... 1,128,300
Economic development fund.............................. 482,700
Michigan transportation fund........................... 185,000
State aeronautics fund................................. 549,600
State trunkline fund................................... 15,274,700
State general fund/general purpose..................... $ 0
Sec. 106. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 29,313,200
GROSS APPROPRIATION.................................... $ 29,313,200
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 510,800
Special revenue funds:
Blue Water Bridge fund................................. 48,200
Comprehensive transportation fund...................... 188,800
Economic development fund.............................. 37,100
Michigan transportation fund........................... 249,400
State aeronautics fund................................. 147,400
State trunkline fund................................... 28,131,500
State general fund/general purpose..................... $ 0
Sec. 107. FINANCE, CONTRACTS, AND SUPPORT SERVICES
Full-time equated classified positions.......... 243.5
Finance, contracts, and support services--188.5 FTE
positions............................................ $ 20,071,800
Welcome center operations--55.0 FTE positions.......... 4,986,500
GROSS APPROPRIATION.................................... $ 25,058,300
Appropriated from:
Special revenue funds:
Michigan transportation fund........................... 1,625,200
State trunkline fund................................... 23,433,100
State general fund/general purpose..................... $ 0
Sec. 108. TRANSPORTATION PLANNING
Full-time equated classified positions.......... 176.0
Transportation planning services--176.0 FTE positions.. $ 19,429,600
Specialized planning services and local studies........ 16,698,200
Grants to regional planning councils................... 488,800
GROSS APPROPRIATION.................................... $ 36,616,600
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 22,000,000
Special revenue funds:
Comprehensive transportation fund...................... 960,300
Michigan transportation fund........................... 6,304,500
State aeronautics fund................................. 75,000
State trunkline fund................................... 7,276,800
State general fund/general purpose..................... $ 0
Sec. 109. DESIGN AND ENGINEERING SERVICES
Full-time equated classified positions........ 1,494.8
Engineering services--787.1 FTE positions.............. $ 62,992,700
Program services--695.7 FTE positions.................. 40,423,400
Intelligent transportation systems operations--12.0
FTE positions........................................ 10,785,400
GROSS APPROPRIATION.................................... $ 114,201,500
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 23,529,800
Special revenue funds:
Michigan transportation fund........................... 5,835,200
State trunkline fund................................... 84,836,500
State general fund/general purpose..................... $ 0
Sec. 110. HIGHWAY MAINTENANCE
Full-time equated classified positions.......... 834.7
State trunkline operations--834.7 FTE positions........ $ 286,528,100
GROSS APPROPRIATION.................................. $ 286,528,100
Appropriated from:
Special revenue funds:
State trunkline fund................................... 286,528,100
State general fund/general purpose..................... $ 0
Sec. 111. ROAD AND BRIDGE PROGRAMS
State trunkline federal aid and road and bridge
construction......................................... $ 794,418,800
Local federal aid and road and bridge construction..... 248,751,000
Grants to local programs............................... 33,000,000
Rail grade crossing.................................... 3,000,000
Local bridge program................................... 26,905,000
County road commissions................................ 568,937,400
Cities and villages.................................... 317,208,000
GROSS APPROPRIATION.................................... $ 1,992,220,200
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 955,963,600
Special revenue funds:
Local funds............................................ 30,000,000
Blue Water Bridge fund................................. 7,107,300
Local bridge fund...................................... 26,905,000
Michigan transportation fund........................... 922,145,400
State trunkline fund................................... 50,098,900
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....... $ 5,401,200
GROSS APPROPRIATION.................................... $ 5,401,200
Appropriated from:
Special revenue funds:
Blue Water Bridge fund................................. 5,401,200
State general fund/general purpose..................... $ 0
Sec. 113. TRANSPORTATION ECONOMIC DEVELOPMENT
Forest roads........................................... $ 5,000,000
Rural county urban system.............................. 2,500,000
Target industries/economic redevelopment............... 20,863,400
Urban county congestion................................ 8,681,800
Rural county primary................................... 8,681,800
GROSS APPROPRIATION.................................... $ 45,727,000
Appropriated from:
Special revenue funds:
Economic development fund.............................. 45,727,000
State general fund/general purpose..................... $ 0
Sec. 114. AERONAUTICS AND FREIGHT SERVICES
Full-time equated classified positions........... 84.0
Aeronautics services--56.0 FTE positions............... $ 7,203,100
Freight and safety services--28.0 FTE positions........ 3,562,700
Air service program.................................... 464,600
GROSS APPROPRIATION.................................... $ 11,230,400
Appropriated from:
Special revenue funds:
Comprehensive transportation fund...................... 1,541,400
Michigan transportation fund........................... 2,021,300
State aeronautics fund................................. 7,667,700
State general fund/general purpose..................... $ 0
Sec. 115. PUBLIC TRANSPORTATION SERVICES
Full-time equated classified positions........... 46.0
Passenger transportation services--46.0 FTE positions.. $ 5,455,400
GROSS APPROPRIATION.................................... $ 5,455,400
Appropriated from:
Federal revenues:
DOT, federal transit act............................... 762,100
Special revenue funds:
Comprehensive transportation fund...................... 4,490,300
Michigan transportation fund........................... 203,000
State general fund/general purpose..................... $ 0
Sec. 116. BUS TRANSIT DIVISION: STATUTORY OPERATING
Local bus operating.................................... $ 166,624,000
Nonurban operating/capital............................. 21,800,000
GROSS APPROPRIATION.................................... $ 188,424,000
Appropriated from:
Federal revenues:
DOT, federal transit act............................... 21,000,000
Special revenue funds:
Local fund............................................. 800,000
Comprehensive transportation fund...................... 166,624,000
State general fund/general purpose..................... $ 0
Sec. 117. INTERCITY PASSENGER AND FREIGHT
Freight property management............................ $ 1,000,000
Detroit/Wayne County port authority.................... 468,200
Intercity services..................................... 7,250,000
Rail passenger service................................. 8,667,000
Freight preservation and development................... 3,364,200
Marine passenger service............................... 374,600
Terminal development................................... 150,000
GROSS APPROPRIATION.................................... $ 21,274,000
Appropriated from:
Federal revenues:
DOT, federal transit act............................... 4,500,000
DOT-FRA, local rail service assistance................. 100,000
DOT-FRA, rail passenger/HSGT........................... 3,000,000
Special revenue funds:
Local funds............................................ 50,000
Comprehensive transportation fund...................... 9,624,000
Intercity bus equipment fund........................... 2,000,000
Rail freight fund...................................... 2,000,000
State general fund/general purpose..................... $ 0
Sec. 118. PUBLIC TRANSPORTATION DEVELOPMENT
Specialized services................................... $ 7,248,100
Municipal credit program............................... 1,873,000
Bus capital............................................ 38,178,200
Van pooling............................................ 195,000
Service initiatives.................................... 1,050,000
Transportation to work................................. 9,136,400
GROSS APPROPRIATION.................................... $ 57,680,700
Appropriated from:
Federal revenues:
DOT, federal transit act............................... 32,800,000
Special revenue funds:
Local funds............................................ 9,200,000
Comprehensive transportation fund...................... 15,680,700
State general fund/general purpose..................... $ 0
Sec. 119. CAPITAL OUTLAY
(1) BUILDINGS AND FACILITIES
Special maintenance, remodeling, and additions......... $ 2,288,000
GROSS APPROPRIATION.................................... $ 2,288,000
Appropriated from:
Special revenue funds:
State trunkline fund................................... 2,288,000
State general fund/general purpose..................... $ 0
(2) AIRPORT IMPROVEMENT PROGRAMS
Airport safety, protection and improvement program..... $ 123,425,700
GROSS APPROPRIATION.................................... $ 123,425,700
Appropriated from:
Federal revenues:
DOT, federal aviation administration................... 104,874,700
Special revenue funds:
Local funds............................................ 16,023,400
State aeronautics fund................................. 2,527,600
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
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 2009-2010 is $1,985,343,000 and state
spending from state resources to be paid to local units of
government for fiscal year 2009-2010 is $1,180,335,900. The
itemized statement below identifies appropriations from which
spending to units of local government will occur:
DEPARTMENT OF TRANSPORTATION
Grants to local programs............................... $ 33,000,000
Economic development fund.............................. 45,727,000
Cities and villages.................................... 317,208,000
County road commissions................................ 568,937,400
Local bridge program................................... 26,905,000
Grants to regional planning councils................... 488,800
Local bus operating.................................... 166,624,000
Bus capital............................................ 5,178,200
Marine passenger service............................... 374,600
Detroit/Wayne County port authority.................... 468,200
Municipal credit program............................... 1,873,000
Specialized services................................... 3,848,100
Transportation to work................................. 4,536,400
Terminal development................................... 75,000
Air service program.................................... 464,600
Rail grade crossing.................................... 2,100,000
CAPITAL OUTLAY
Airport safety, protection, and improvement program.... 2,527,600
Total payments to local units of government............ $ 1,180,335,900
Sec. 202. The appropriations authorized under this bill are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this bill:
(a) "AASHTO" means American association of state highway and
transportation officials.
(b) "ASTM" means 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) "MTF" means Michigan transportation fund.
(l) "RIF" means recreation improvement fund.
(m) "SAF" means state aeronautics fund.
(n) "STF" means state trunkline fund.
Sec. 204. The civil service commission shall bill `departments
and agencies at the end of the first fiscal quarter for the charges
authorized by section 5 of article XI of the state constitution of
1963. Payments shall be made for the total amount of the billing by
the end of the second fiscal quarter.
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 this bill under 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 this bill under 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 this bill
under 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 this bill
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 208. The department shall use the Internet to fulfill the
reporting requirements of this bill. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or Intranet site.
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 should 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. 210. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in deprived and
depressed communities for services, supplies, or both.
Sec. 259. From the funds appropriated in part 1 for
information technology, the department shall pay user fees to the
department of information technology for technology-related
services and projects. Such user fees shall be subject to
provisions of an interagency agreement between the department and
the department of information technology.
Sec. 260. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2010 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) Not later than January 1 of each year, each department
shall prepare a travel report listing 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 of representatives standing
committees on appropriations, the senate and house fiscal agencies,
and the state budget director. The report shall include the
following information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) 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.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
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.
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. 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 section 103 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 interdepartmental
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 director, 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. The department and local road agencies that receive
appropriations under this bill 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.
Sec. 309. The department shall continue its efforts to reduce
administrative costs and provide the maximum funding possible for
construction projects.
Sec. 310. The department shall provide in a timely manner,
copies of the agenda and approved minutes of monthly transportation
commission meetings to the members of the house and senate
appropriations subcommittees on transportation, the house and
senate fiscal agencies, and the state budget director.
Sec. 312. 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. 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. 334. The department shall continue its program to
increase the use of women- and minority-owned businesses in state
and local road construction projects. This program shall comprise,
at a minimum, outreach and education efforts to inform women- and
minority-owned firms of department competitive bidding processes
and requirements, and an assessment of the availability of surety
for women- and minority-owned businesses.
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. 383. The department shall maintain a system for
recovering the cost of operating department-owned aircraft through
charges to aircraft users.
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
appropriation 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 the 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 energy, labor and economic growth or the department of state
police is deposited in the Michigan transportation fund.
Sec. 502. The department of treasury shall perform audits and
make investigations of the disposition of all state funds received
by county road commissions or county boards of commissioners, as
applicable, and cities and villages for transportation purposes to
determine compliance with the terms and conditions of 1951 PA 51,
MCL 247.651 to 247.675. County road commissions or county boards of
commissioners, as applicable, and cities and villages shall make
available to the department of treasury the pertinent records for
the audit.
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, federal, local, private or restricted source funds
such as interest earnings are appropriated for projects that are
consistent with the programmatic mission 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 bill 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 bill, 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.
Sec. 602. If the department uses manufactured pipe for road
construction drainage, the department shall require that pipe used
under certain load-bearing conditions beneath the roadway meets the
standards established by the American society for testing and
materials (ASTM) or American association of state highway and
transportation officials (AASHTO). The department may also use the
mandrel test for manufactured pipe 60 days after installation.
COMPREHENSIVE TRANSPORTATION FUND
Sec. 701. Money that is received by the state as a lease
payment for state-owned intercity bus equipment is not money to be
deposited in the comprehensive transportation fund under section
10b of 1951 PA 51, MCL 247.660b, but is money that is deposited in
an intercity bus equipment fund for appropriation for the purchase
and repair of intercity bus equipment. Proceeds received by the
state from the sale of intercity bus equipment are deposited in an
intercity bus equipment fund for appropriation for the purchase and
repair of intercity bus equipment. Security deposits from the lease
of state-owned intercity bus equipment not returned to the lessee
of the equipment under terms of the lease agreement are deposited
in an intercity bus equipment fund for appropriation for the repair
of intercity bus equipment. At the close of the fiscal year, any
funds remaining in the intercity bus equipment fund shall remain in
the fund and be carried forward into the succeeding fiscal year.
Sec. 702. Money that is received by the 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. 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. 708. If funds appropriated in part 1 are used to provide
state-owned or state-leased buses to private intercity bus
carriers, the department shall charge not less than $1,000.00 per
bus per year for their use.
Sec. 711. (1) From the funds appropriated in part 1 from the
comprehensive transportation fund for rail passenger service, the
department shall negotiate with a rail carrier to provide rail
service between Grand Rapids and Chicago and between Port Huron and
Chicago, consistent with the other provisions of this section.
(2) The rail carrier shall, as a condition to receiving a
state operating subsidy, maintain a system to monitor, collect, and
resolve customer complaints and shall make the information
available to the department, the house and senate appropriations
subcommittees on transportation, the state budget director, and the
house and senate fiscal agencies.
Sec. 714. The department, in cooperation with local transit
agencies, shall work to ensure that demand-response services are
provided throughout Michigan. The department shall continue to work
with local units of government to address the unmet transit needs
in Michigan.
Sec. 742. For the fiscal year ending September 30, 2010, the
appropriation recommended by the governor to a street railway
pursuant to section 22 of 1951 PA 51, MCL 247.660E, is $0.
AERONAUTICS FUND
Sec. 801. Except as provided for 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 amount, 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 2.5% of the cost of any project under this section, unless a
total nonfederal share greater than 5% 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 bill 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. (1) The director shall allocate lump-sum
appropriations made in this bill consistent with statutory
provisions and the purposes for which funds were appropriated.
Lump-sum allocations shall address priority program or facility
needs and may include, but are not limited to, design,
construction, remodeling and addition, special maintenance, major
special maintenance, energy conservation, and demolition.
(2) The state budget director may authorize that funds
appropriated for lump-sum appropriations shall be available for no
more than 3 fiscal years following the fiscal year in which the
original appropriation was made. Any remaining balance from
allocations made in this section shall lapse to the fund from which
it was appropriated pursuant to the lapsing of funds as provided in
the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
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.
